Terms and Conditions
This Site is owned and operated by FIND Mapping Limited, Acre House, 11/15 William Road, London, NW1 3ER, registered in England under company number 6298825.
In these Terms and Conditions, the following words and phrases shall have the following meanings:
"FIND", "we", "us", "our" means FIND Mapping Limited.
"Customer", "you", "your" means non-commercial user of the Site.
"Data" means any information contained on the Site.
"Data Sources" means our third party data sources who provide data including, but not limited to, British Geological Survey, English Heritage, Natural England, Ordnance Survey, The Royal Society for the Protection of Birds, Scottish Natural Heritage, Bing Maps, OpenStreetMap, Countryside Council for Wales, Historic Scotland and Cadw.
"Intellectual Property Rights" means all copyrights, patent rights, trade or service marks, design rights, rights in or relating to databases, rights in or relating to confidential information, and any other intellectual property rights (registered or unregistered) throughout the world.
"Site" means the web site located at the URLs www.sketchmap.co.uk or any other additional or replacement site(s) from time to time.
"Terms and Conditions" means these Terms and Conditions which govern your use of the Site, and the Services.
"View" means the representation of data on a laptop, PC, workstation or other equipment with a screen on which data may be displayed.
1. General use of the site
1.1 You agree and acknowledge that when using the Site you are legally bound by these Terms and Conditions. Some of our Data Sources also apply additional specific terms and conditions which are available below and on the Site. You are also bound by these where relevant.
1.2 FIND may, from time to time, amend or update these Terms and Conditions without notice to you. You should therefore check these Terms and Conditions each time you access the Site. In using the Site, you agree to any updates or amendments to these Terms and Conditions.
1.3 FIND may, at its sole discretion, suspend or terminate your use of the Site if it has reasonable grounds to believe that you may have contravened these Terms and Conditions.
1.4 This Site is intended for strictly non-commercial use.
2. Relationship between FIND and Data Sources
2.1 Unless otherwise expressly stated, FIND does not claim to represent, partner, work jointly with or as an agent of any Data Source (nor does it hold itself out as doing so).
2.2 FIND does not have (nor does it hold itself out to have) the authority to enter into any agreement on behalf of a Data Source, make any representations, undertakings or warranties on behalf of a Data Source, nor does it seek to otherwise bind or oblige a Data Source in any way. This does not affect the enforceability of any Data Source specific terms between you and a Data Source.
3. General IPR provisions
3.1 All Intellectual Property Rights in the Site, its design, the Products and the Services are and shall remain at all times the property of FIND and/or its Data Sources and/or any third party licensors.
3.2 No provision in these Terms and Conditions shall act in a way to effect the assignment or transfer of any Intellectual Property Rights in the Site the Products and/or the Services.
3.3 You may not and shall not delete, remove, alter, amend, obscure or add any copyright notice, logo, trade or service mark from the Site, the Products and/or the Services.
3.4 You may not and shall not modify, adapt, reverse engineer or enhance the Site, the Products and/or the Services.
3.5 You must immediately notify FIND (i) if you suspect that use of the Site, the Products and/or the Services may infringe any third party Intellectual Property Rights or other third party rights; and of any claims or proceedings brought against you that may affect the rights and interests of FIND or any of its Data Sources in respect of any Intellectual Property Rights in the Site, the Products and/or the Services. In each case, you will permit FIND in the name of the Customer to have full conduct or control of any related proceedings or negotiations.
4. Data Supplier specific terms and conditions
4.1 You agree and acknowledge that in addition to complying with these Terms and Conditions, you hereby agree, accept and shall comply with, where applicable, the provisions of the:
5. Information on the site
5.1 FIND and its Data Sources reserve the right (without any obligation) to update the information, the interface and/or the services provided on or through this Site at any time with or without notice. FIND will work with the Data Sources to update the information on the Site so that it is accurate and up to date within reason. However, you acknowledge that the type of Data displayed on the Site is subject to constant change and that as such it quickly becomes out of date and neither FIND nor the Data Sources warrant the accuracy, completeness or currency of the Data provided through the Site.
5.2 You acknowledge and agree that you shall not rely on the currency and accuracy of the Products and the Services and that you shall make your own independent enquiries or procure the services of professional advisers where you wish to rely on such information.
6. Website availability and maintenance
6.1 FIND may suspend the operation of the Site for repair or maintenance work or in order to update or upgrade the content, Data or functionality of the Site from time to time. Access to or use of the Site, the Product, the Services or pages linked to it will not be uninterrupted or error free.
7.1 We are not allowed to exclude or limit liability for death or personal injury caused by our negligence, or for fraud, or for failing to use reasonable care and skill in providing Services, or for any other liability which may not by applicable law be excluded or limited and we do not do so.
7.2 FIND shall not be liable to you or any third party (whether for breach of contract, negligence or for any other reason) for any: loss of profits; loss of sales; loss of revenue; loss of any software or data; loss of use of hardware; loss of use of software or data; loss of business resources; wasted management or staff time; any inaccuracy or incompleteness in, or delays, errors or omissions in the delivery of the Service, Product; any decision made or action taken by you in reliance upon the Service, Product or Data Report; or any indirect loss, consequential loss or special loss.
7.3 Subject to Section 7.1, FIND shall not be responsible for errors or corruption in the Products and the Services resulting from inaccuracy or omission in information and/or data, inaccurate processing of information and data by third parties including the Data Sources, or for computer malfunction or corruption of data whilst in the course of providing the Products and the Services.
8.1 You shall indemnify FIND against all claims, losses, costs, liabilities, expenses and damages (whether direct or indirect) for the following: any use of the Site, it's Data, the Products or the Services (i) outside the scope of the Licence; or (ii) in contravention of these Terms and Conditions.
9. Compliance with applicable law
9.1 You will comply with all requirements under applicable law in relation to the Site, the Products and the Services.
10.1 If any provision of these Terms and Conditions are deemed void, unlawful or otherwise unenforceable for any reason, that provision shall be severed from this agreement and the remaining provisions of this agreement shall remain in force.
10.2 In the event that any provisions within these Terms and Conditions conflict with the Data Supplier specific terms and conditions, these Terms and Conditions shall prevail. When one set of terms is more restrictive than another in respect of the same subject matter, the more restrictive set will apply.
10.3 FIND shall not be liable for failure to perform its obligations under these Terms and Conditions if caused by or resulting from force majeure which shall include, but not be limited to events which are outside of its reasonable control.
10.4 Unless the parties expressly agree otherwise in writing, if a party either (i) fails to exercise or delays exercising or only exercises partially any right or remedy provided under these Terms and Conditions or by law or (ii) agrees not to exercise or to delay exercising any right or remedy provided under these Terms and Conditions or by law then that party shall not be deemed to have waived and shall not be precluded or restricted from further exercising that or any other right or remedy. Unless the parties expressly agree otherwise in writing, no right, power or remedy under these Terms and Conditions or otherwise available to a party is exclusive of any other right, power or remedy under this agreement or otherwise available to that party.
10.5 FIND may assign or transfer any part or the whole of its rights and obligations under these Terms and Conditions at any time without the obligation to provide written notice. You shall not be entitled to assign or transfer any of your rights or obligations under these Terms and Conditions, without first having obtained the written consent of FIND.
10.6 A person who is not a party to these Terms and Conditions shall have no right under the Contract (Rights of Third Parties) Act 1999 to enforce any of these Terms and Conditions unless expressly stated in these Terms and Conditions. Any Data Supplier may enforce these Terms and Conditions, or any Data Supplier specific terms and conditions against you in accordance with Contract (Rights of Third Parties) Act 1999.
10.7 Any notices to FIND must be made in writing to the following address: FIND Mapping, Fleet House, 8-12 New Bridge Street, London, EC4V 6AL. Any notices to you will be made either (i) in writing to you; or (ii) posted on this Site. 10.8 If you have questions regarding these Terms and Conditions,
please email: firstname.lastname@example.org
10.8 These Terms and Conditions were last updated on 25 February 2011.