Electronic statements terms and conditions
By confirming acceptance to the Electronic Statement Terms and Conditions set out in paragraphs 1 to 10 below, the Member agrees the terms on which the Mechanical-Copyright Protection Society Limited (‘MCPS’) and/or the Performing Right Society Limited (‘PRS’), as the case may be, is willing to provide at the Member’s request and for no additional payment the Member’s royalty statement via unencrypted electronic email.
- MCPS and/or PRS will transmit the royalty statements to the Member via unencrypted electronic mail via the public Internet.
- MCPS and/or PRS cannot ensure, and accepts no liability for, the security and/or confidentiality of unencrypted communications transmitted over the public Internet by electronic mail.
- MCPS and/or PRS shall not have any liability or responsibility for the delivery, content, integrity, interception or completeness of any communication (including the royalty statements) transmitted via the Internet.
- MCPS and/or PRS shall not have any liability to the Member in relation to any third party claim that the transmission of the royalty statements by electronic mail infringes any third party rights (including rights in relation to confidentiality, privacy, contract or otherwise).
- The Member shall be responsible for any losses suffered by MCPS and/or PRS as a result of any claim by a third party resulting from the transmission of the royalty statements via electronic mail (unless as a result of the negligence of MCPS and/or PRS).
- The Member shall be responsible for informing MCPS and/or PRS of any change to the Member’s email address and for the accuracy and any change to any additional electronic mail addresses to which the Member has requested copies of royalty statements be sent.
- Each party will use reasonable endeavours to maintain in place appropriate technical and organisational measures against the accidental, unauthorised or unlawful processing, destruction, loss, damage or disclosure of data and will ensure that it has full legal authority to process personal data.
- Each party may cease transmitting or receiving (as the case may be) the royalty statements by giving the other party 14 days prior written notice.
- If any of these terms and conditions are inconsistent with the terms of any other agreement between MCPS or PRS and the Member in relation to the provision of the royalty statements or the data contained within them, then these terms and conditions shall prevail to the extent of any inconsistency.
- These terms and conditions shall be governed by the laws of England and Wales. All disputes arising out of these terms and conditions are subject to the exclusive jurisdiction of the courts of England and Wales.