Terms and Conditions - Digital Supply and Bespoke Products

 

1.     Introduction

 

1.1    These terms and conditions shall govern the sale and supply of downloadable and digitally supplied content through our website, and the use of those contents.

1.2    You will be asked to give your express agreement to these terms and conditions before you place an order on our website.

1.3    Any statutory rights that you may have as a consumer are not affected by these terms and conditions.

 

2.       Interpretation

 

2.1    In these terms and conditions:

(a)    "we" means UK Map Centre LLP (and "us and "our" should be construed accordingly);

(b)    "you" means our customer or prospective customer under these terms and conditions (and "your" should be construed accordingly);

(c)    "content" means those products that are available for purchase on our website; and

(d)    "your content" means any such products in any format that you have purchased through our website (including any enhanced or upgraded version of the products that we may make available to you from time to time).

 

3.       Order process

 

3.1    The advertising of contents on our website constitutes an "invitation to treat" rather than a contractual offer.

3.2    No contract will come into force between you and us unless and until we accept your order in accordance with the procedure set out in this Section 3.

3.3    To enter into a contract through our website to purchase downloadable content from us, the following steps must be taken: [you must add the contents you wish to purchase to your shopping cart, and then proceed to the checkout; if you are a new customer, you can then create an account with us; if you are an existing customer, you must enter your login details; once you are logged in, you must consent to the terms of this document; you will be transferred to our payment service provider's website, and our payment service provider will handle your payment; we will then send you an initial acknowledgement; and we will either send you an order confirmation (at which point your order will become a binding contract) or we will confirm by email that we are unable to meet your order].

3.4    You will have the opportunity to identify and correct input errors prior to making your order by pressing the delete/remove button on the cart or checkout.

 

4.       Prices

 

4.1    Our prices are quoted on our website dynamically depending on the selection made.

4.2    We will from time to time change the prices quoted on our website, but this will not affect contracts that have previously come into force.

4.3    All amounts stated in these terms and conditions or on our website are stated exclusive of VAT (we will clearly display this with £COST + VAT).

 

5.       Payments

 

5.1    You must, during the checkout process, pay the prices of the contents you order.

5.2    Payments may be made by any of the permitted methods specified on our website from time to time we may remove or add different payment methods.

 

6.       Licensing of contents

 

We supply 

6.1    We will supply your contents to you in the format or formats specified on our website, and by such means and within such periods as are specified on our website.

6.2    Subject to your payment of the applicable price and compliance with these terms and conditions, we grant to you a [worldwide, non-expiring, non-exclusive, non-transferable] licence to make any use of your contents permitted by Section 6.3, providing that you must not in any circumstances make any use of your contents that is prohibited by Section 6.4.

6.3    The "permitted uses" of your contents are: 

(a)    downloading a copy of each of your contents;

(b)    making, storing and viewing copies of your contents on [not more than 3] desktop, laptop or notebook computers;

(c)    making, storing and viewing copies of your contents on [not more than 3] mobile telephones, tablet computers or similar mobile devices; and

(d)    publishing [a single copy] of each of your contents on [not more than 3] websites or web applications that you operate and control.

6.4    The "prohibited uses" of your contents are:

(a)    the sale, renting, transferring or broadcasting of any content (or part thereof), and the licensing, sub-licensing, distribution or redistribution of any content (or part thereof) except in connection with a publication permitted by Section 6.3;

(b)    the editing, modification, adaptation or alteration of any content (or part thereof), and the creation of any derivative work incorporating any content (or part thereof);

(c)    the use of any download (or part thereof) in any way that is unlawful or in breach of any person's legal rights under any applicable law, or in any way that is offensive, indecent, discriminatory or otherwise objectionable;

(d)    the use of any content (or part thereof) to compete with us, whether directly or indirectly;

(e)    [any commercial use of any content (or part thereof)]; and

(f)    the circumvention or removal of, or any attempt to circumvent or remove, the technological measures applied to any content for the purpose of preventing unauthorised use,

        providing that nothing in this Section 6.4 will prohibit or restrict you or any other person from doing any act expressly permitted by applicable law.

6.5    You warrant to us that you have access to the necessary computer systems, media systems, software and network connections to receive and enjoy the benefit of your contents.

6.6    All intellectual property rights and other rights in the contents not expressly granted by these terms and conditions are hereby reserved.

6.7    You must retain, and must not delete, obscure or remove, copyright notices and other proprietary notices on or in any content.

6.8    The rights granted to you in these terms and conditions are personal to you, and you must not permit any third party to exercise these rights.

6.9    If you breach any provision of these terms and conditions, then the licence set out in this Section 6 will be automatically terminated upon such breach.

6.10  You may terminate the licence set out in this Section 6 by deleting all copies of the relevant contents in your possession or control.

6.11  Upon the termination of a licence under this Section 6, you must, if you have not previously done so, promptly and irrevocably delete from your computer systems and other electronic devices all copies of the relevant contents in your possession or control, and permanently destroy any other copies of the relevant contents in your possession or control.

 

7.       Guarantee and Cancelling a digital download

 

7.1    This Section 7 applies to all our customers that purchase any content under these terms and conditions:

Under the Consumer Contracts Regulations, digital downloads are neither goods nor services, meaning the law is a little different. 

For digital downloads, consumers will need to waive their cancellation rights before digital content can be provided. This means that once a consumer/customer has downloaded the content, then they have given up their consumer rights to a refund. 

Consumers will typically waive these cancellation rights when they purchase the digital goods. This can be done through some form of verification box (such as a tickbox) for consumers to acknowledge that they have waived their consumer rights to a refund for digital content.

Ordnance Survey Data is Crown copyright. A form of copyright claim used by the UK government. It provides special copyright rules for the Crown. If you do have an issue with any product purchased that contain OS Data we reserve the right to request further information about the problem as well a sharing your details with Ordnance Survey (Ordnance Survey Limited, Explorer House, Adanac Drive, Nursling, Southampton, SO16 0AS, Registration No: 09121572).

7.2    If the item/s are corrupt: we need to be given the opportunity to fix the situation - subject to the express terms of this Section 7.

7.3    If we make a goodwill refund: refunded money using the same method used to make the payment.

7.4    Any statutory rights that you may have as a consumer are not affected by these terms and conditions.

 

8.       Distance contracts: cancellation right for consumers

 

8.1    This Section 8 applies if and only if you offer to contract with us, or contract with us, as a consumer - that is, as an individual acting wholly or mainly outside your trade, business, craft or profession.

8.2    In the UK the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (Regulations) provides consumers with the right to cancel distance and off-premises contracts, although this right doesn’t apply if the digital goods ordered have been made to the consumer’s specifications and are clearly personalised (this applies to all products available via this website).

8.3    You agree that we may begin the provision of contents before the expiry of the period referred to in Section 8.2, and you acknowledge that, if we do begin the provision of contents before the end of that period, you will lose the right to cancel referred to in Section 8.2.

8.4    If we process a refund, we will only do this using the same method used to make the payment, unless you have expressly agreed otherwise. In any case, you will not incur any fees as a result of the refund.

 

9.       Warranties and representations

 

9.1    You warrant and represent to us that: 

(a)    you are legally capable of entering into binding contracts;

(b)    you have full authority, power and capacity to agree to these terms and conditions; and

(c)    all the information that you provide to us in connection with your order is true, accurate, complete, current and non-misleading.

 

9.2    We warrant to you that:

(a)    your contents will be of satisfactory quality;

(b)    your contents will be reasonably fit for any purpose that you make known to us before a contract under these terms and conditions is made;

(c)    your contents will match any description of it given by us to you; and

(d)    we have the right to supply your contents to you.

9.3    All of our warranties and representations relating to contents are set out in these terms and conditions. To the maximum extent permitted by applicable law and subject to Section 10.1, all other warranties and representations are expressly excluded.

 

10.    Limitations and exclusions of liability

 

10.1  Nothing in these terms and conditions will:

(a)    limit or exclude any liability for death or personal injury resulting from negligence;

(b)    limit or exclude any liability for fraud or fraudulent misrepresentation;

(c)    limit any liabilities in any way that is not permitted under applicable law; or

(d)    exclude any liabilities that may not be excluded under applicable law,

        and, if you are a consumer, your statutory rights will not be excluded or limited by these terms and conditions, except to the extent permitted by law.

10.2  The limitations and exclusions of liability set out in this Section 10 and elsewhere in these terms and conditions: 

(a)    are subject to Section 10.1; and

(b)    govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.

10.3  We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

10.4  We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

10.5  We will not be liable to you in respect of any loss or corruption of any data, database or software[, providing that if you contract with us under these terms and conditions as a consumer, this Section 10.5 shall not apply].

10.6  We will not be liable to you in respect of any special, indirect or consequential loss or damage[, providing that if you contract with us under these terms and conditions as a consumer, this Section 10.6 shall not apply].

10.7  You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

10.8  Our aggregate liability to you in respect of any contract to provide services to you under these terms and conditions shall not exceed the greater of: the total amount paid and payable to us under the contract.

 

11.    Variation

 

11.1  We may revise these terms and conditions from time to time by publishing a new version on our website.

11.2  A revision of these terms and conditions will apply to contracts entered into at any time following the time of the revision, but will not affect contracts made before the time of the revision.

 

12.    Assignment

 

12.1  You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions[ - providing, if you are a consumer, that such action does not serve to reduce the guarantees benefiting you under these terms and conditions].

12.2  You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions. 

 

13.    No waivers

 

13.1  No breach of any provision of a contract under these terms and conditions will be waived except with the express written consent of the party not in breach.

13.2  No waiver of any breach of any provision of a contract under these terms and conditions shall be construed as a further or continuing waiver of any other breach of that provision or any breach of any other provision of that contract.

 

14.    Severability

 

14.1  If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

14.2  If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

 

15.    Third party rights

 

15.1  A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.

15.2  The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.

 

16.    Entire agreement

 

16.1  Subject to Section 10.1, these terms and conditions, together with our download licence agreement (that will be supplied with each purchase), shall constitute the entire agreement between you and us in relation to the sale and purchase of our downloads and the use of those downloads, and shall supersede all previous agreements between you and us in relation to the sale and purchase of our downloads and the use of those downloads.

 

17.    Law and jurisdiction

 

17.1  These terms and conditions shall be governed by and construed in accordance with Scottish law.

17.2  Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of Scotland or if Ordnance Survey are involved the courts of England or Wales.

 

18.    Statutory and regulatory disclosures

 

18.1  We will not file a copy of these terms and conditions specifically in relation to each user or customer and, if we update these terms and conditions, the version to which you originally agreed will no longer be available on our website. We recommend that you consider saving a copy of these terms and conditions for future reference.

18.2  These terms and conditions are available in the English language only.

18.3  Our VAT number is GB836 4770 04.

 

19.    Our details

 

19.1  This website is owned and operated by UK Map Centre LLP.

19.2  We are registered in Scotland under registration number SO306398, and our office is at 125 Candleriggs Glasgow G1 1NP.

19.3  Our principal place of business is at 125 Candleriggs Glasgow G1 1NP (online business, sorry no drop-in customers).

 

19.4  You can contact us:

 

(a)    by post, to [the postal address given above];

(b)    using our website contact form

(c)    by telephone, on 0141 552 7722; or

(d)    by email, using [the email address published on our website].

 

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