The following terms have the following meanings:
"Consumer Record" the name and address (and, where available, the date of birth) of a Consumer which have been lawfully and fairly obtained by the Thirdfort User for the purpose of verifying the Consumer's application for the relevant product or service of the Thirdfort User;
“DPA” the Data Protection Act 1998;
“EEA” the European Economic Area comprising, for the time being, the EU member states, Norway, Iceland and Liechtenstein;
“Intellectual Property Rights” all intellectual property rights including copyright and related rights, database rights, trade marks and trade names, patents, topography rights, design rights, trade secrets, know-how, and all rights of a similar nature or having similar effect which subsist anywhere in the world, whether or not any of them are registered and applications for registrations, extensions and renewals of any of them;
"Match" each instance where any of the name and address (and, where available, the date of birth) fields within a Consumer Record is identified as the same as or is an abbreviation, extension or variation of the full name and Old Address (and, where available, the date of birth) fields included in the NCOA® Alert Data;
"NCOA ® Alert Data" the Redirection Data and Non-Redirection Data licensed to Experian by Royal Mail which is comprised in the Product and shared with the Thirdfort User by way of an Output;
“New Address” the address specified by a Redirection Customer as that to which mail should be redirected (as subsequently amended by Royal Mail, if necessary, to ensure that the address information is correct for Royal Mail's postal purposes);
“Non-Redirection Data” data collected from databases or sources other than the Redirection Forms;
“Old Address” the address specified by a Redirection Customer as that from which mail should be redirected (as subsequently amended by Royal Mail, if necessary,
"Outputs" the elements of the NCOA® Alert Data which shall be provided to the Thirdfort User in the case of a Match;
"Permitted Purpose " to search for and identify Matches in order to find out where a mail redirection is or has been in place or is pending in the name of a Consumer for the explicit purpose of verifying the identity of the Consumer for the prevention of fraud including cases of money laundering and impersonation of the Consumer;
"Product" any Experian Services that are modified or enhanced by, incorporated with, created using, derived from or involves the supply or the making available of, the Outputs;
"Redirection Customer" a customer of the Redirection Service;
"Redirection Data" data collected from the Redirection Forms completed by Redirection Customers;
"Redirection Form" the application form completed by individuals who wish to use the Redirection Service;
"Redirection Service" Royal Mail's redirection service provided to members of the public who wish to have mail which is addressed to them forwarded from their old address to their new address;
In consideration of the Thirdfort User complying with these Minimum Terms, Experian grants to the Thirdfort User a non-exclusive, non-transferable, revocable sub-licence to access and use theNCOA® Alert Data accessed as part of its use of the Product in the EEA only for the Permitted Purpose.
The Thirdfort User shall not at any time, sell, deal, transfer, sub-license, distribute, commercially exploit, or otherwise make available to third parties or use for the benefit of third parties the whole or any part of the NCOA® Alert Data other than in accordance with these Minimum Terms.
The Thirdfort User shall not copy, adapt, alter, modify, or otherwise interfere with the Outputs or combine the same with other materials or data.
The Thirdfort User shall not assign, sub-contract or otherwise deal with these Minimum Terms or any part of them.
The Thirdfort User shall be permitted to search for Matches either in respect of individual Applicants or a batch ofApplicants at the same time.
The Thirdfort User shall not retain any Outputs and/ or information relating to Matches on Consumer Records or credit files, provided that, by way of exception and where relevant, the Thirdfort User may separately retain information on Matches only for a period of up to a maximum of five years from the date of termination of the relevant customer relationship in so far as and for as long as this is necessary to comply with the Financial Services and Markets Act 2000, any statutes, statutory instruments, regulations, rules, guidance or codes of practice (and modifications and/or re-enactments of the same) issued by the Financial ServicesAuthority and/or issued pursuant to any EU Directives on Money Laundering(including but not limited to the Proceeds of Crime Act 2002 and the MoneyLaundering Regulations 2003 SI 2003/3075, and the Joint Money LaunderingSteering Group guidance).
The Thirdfort User agrees to indemnify and keep indemnified Royal Mail against all losses, costs, claims and damages suffered or incurred by Royal Mail directly or indirectly as a result of a breach of any provision of these Minimum Terms by the Thirdfort User.
The Thirdfort User must not with hold any product or service from a Consumer solely on the basis of a Match and the associated Outputs.
The Thirdfort User shall:
Liability of Royal Mail
The Thirdfort User acknowledges thatRoyal Mail:
does not warrant the accuracy and/or completeness of the NCOA® Alert Data;
will not be liable for any loss or damage (whether direct or indirect or consequential) however arising from the use by the Thirdfort User of, or performance of, the NCOA ® Alert Data or theProduct, with the exception of death or personal injury caused by Royal Mail's negligence;
will not be liable to the Thirdfort User in respect of any services provided by Thirdfort or Experian; and
will not be obliged in any circumstances to provide NCOA® Alert Data or related services directly to the Thirdfort User.
The Intellectual Property Rights inNCOA® Alert Data supplied to the Thirdfort User as part its use of the Product shall remain at all times the property of Royal Mail.
The Thirdfort User will not do or permit the doing of anything within its control which will prejudice in any way whatsoever the name of Royal Mail or the rights of Royal Mail in the NCOA®Alert Data and will give immediate notice to Royal Mail upon the Thirdfort User becoming aware of anything which may prejudice the name of Royal Mail or the rights of Royal Mail in the NCOA® Alert Data.
The Thirdfort User undertakes to RoyalMail that it will give immediate notice to Royal Mail upon its becoming aware of any unauthorised use of the NCOA® Alert Data or any other of theIntellectual Property Rights of Royal Mail.
The Thirdfort User shall keep allOutputs confidential and shall not disclose any part of it to any person except as permitted by Thirdfort or Experian.
The Thirdfort User shall comply with the requirements of the Data Protection Act 1998 and related statutory instruments, regulations or codes or practice ("DPA") as they apply to the Thirdfort User's use of the NCOA® Alert Data received through its use of the Product, and makes any notification required under the DPA.
The Thirdfort User undertakes that it will not do anything or omit to do anything which would place Experian or RoyalMail in breach of the DPA.
Thirdfort may terminate the EULA insofar as it relates to the Product at any time if the Thirdfort User fails to comply with any of these Minimum Terms.
The EULA shall terminate in respect of the NCOA® Alert Data with immediate effect in the event that Experian’s agreement with Royal Mail is terminated.
The Thirdfort User acknowledges that Experian may cease to supply or modify the Product where Royal Mail is required to cease or change the supply of NCOA® Alert Data by law or by a relevant regulatory body.
The Thirdfort User acknowledges and agrees that these Minimum Terms are given for the benefit of Royal Mail and that Royal Mail may enforce the benefits conferred on it under these MinimumTerms as if it were a party to the EULA, in accordance with the Contracts(Rights of Third Parties) Act 1999. The Thirdfort User further acknowledges and agrees that Royal Mail shall bring any action for any unauthorised use of itsIntellectual Property Rights in the NCOA® Alert Data on its own behalf.
Except as set out above, a person whois not a party to this EULA may not enforce any of its provisions under theContracts (Rights of Third Parties) Act 1999.
These Minimum Terms may not be varied by Thirdfort or the Thirdfort User without the prior written consent of Royal Mail.
These Minimum Terms are governed by English law.