Map data is provided by Ordnance Survey and is Crown Copyright. Use of any plan purchased is subject to the following Ordnance Survey End User Licence Agreement (EULA) as well as MapServe's own terms and conditions
This End User Licence Agreement (hereinafter “Agreement”) is made on the date that the Agreement is executed (“Effective Date”), by and between:
PASSINC LTD, a company having Company No. 08180998 with its registered office at 63/66 Hatton Garden, Fifth Floor Suite 23, London, EC1N 8LE, United Kingdom hereinafter referred to as “Licensor”;
You, the buyer of The Products and hereinafter referred to as “Licencee”.
The Licensor and the Licencee are hereinafter individually referred to as “Party” and collectively referred to as the “Parties”.
WHEREAS the Licensor is in the business of providing maps “The Products” using data licenced to it by the Ordnance Survey of the United Kingdom through its websites www.buyaplan.co.uk and www.mapserve.co.uk.
WHEREAS the Licencee is in needof the services of the Licensor and has approached the Licensor to fulfil that need.
WHEREAS the Licensor has agreed to offer its services and the Licencee has agreed to avail of those services as per terms and conditions specified in this Agreement.
NOW, THEREFORE, in consideration of the above recitals and the mutual promises and conditions contained in this Agreement, the Parties agree as follows:
Purpose of Use: The Licencee agrees to use the data:
a. For customers of www.buyaplan.co.uk: Only for purposes of his/her own use and shall use the data and the services only for private and personal purposes and shall not use the same for any commercial purposes and or resale/sublicence purposes except as provided in Section 6;
b. For customers of www.mapserve.co.uk: For commercial purposes specified in Section 5 only but not for further resale or sublicence purposes except as provided in Section 6.
Identification of Customers: The users who have accessed this page through the website www.buyaplan.co.uk shall be deemed to be “customers of www.buyaplan.co.uk” and users who have accessed this page through www.mapserve.co.uk shall be deemed to be “customers of www.mapserve.co.uk” for the purposes of this Agreement.
Term and Termination: This Agreement, except the provisions of Sections 5 to 7 hereof, shall be valid from the Effective Date till:
a. the customer downloads the data from the website, in case of customers of www.buyaplan.co.uk; and
b. the period selected by the customer on the webpage prior to this Agreement and shall be renewed automatically for a similar term unless either Party terminates the same with an advance notice of 2 months, in the case of customers of www.mapserve.co.uk.
4. Payment: The Licencee agrees to pay the amount specified for the map being purchased by the Licencee on the respective website and the payment shall be made:
a. through credit card/debit card using the portal provided on the website, for customer of www.buyaplan.co.uk;
b. through the Paypal account of the Licencee;
c. though credit card/debit card using the portal provided on the website or payment against an invoice within 30 days from the date of this Agreement, for customers of www.mapserve.co.uk.
Commercial Purpose: The Licencee who is a customer of www.mapserve.co.uk and is allowed to use the Data for commercial purposes shall use the Data only for the following purposes which shall be deemed to be “commercial purposes”:
5.1 Business Use: Solely for the internal administration and operation of the Customer’s business.
5.2 Limited External Use:
Provided that Limited External Use is subject to the following conditions:
any map generated in accordance with this Agreement shall not comprise:
a) a service or product in itself; or
b) a significant part of any product or service offered by the Licencee; or
c) a service or product (or significant part of any product or service) provided on behalf of a third party;
5.3 Public Body Sharing:(i) Public Body Sharing is the supply of Qualifying Licenced Data to a Public Body or the receipt of Qualifying Licenced Data from a Public Body. Qualifying Licenced Data means licenced data which is either:
a) OS MasterMap Topography Layer; or
(ii) Public Body Sharing is subject to the following Conditions:
and upon the written request of the Licensor it shall provide a copy of that written record to the Licensor;
5.4 Corporate Group Data Sharing: Corporate Group Data Sharing is:
For the purposes of this sub-section the term Corporate Group Member shall mean:
Printing Copies:You may only print you plan to paper once unless you hold a Paper Map Copying Licence. If you require a licence for additional copies please contact support.
A Licencee is allowed to share the licenced data with a contractor only for the purposes and on the terms contained in this Section 6. If the Licencee provides a contractor appointed by him/her with licenced data in paper form (referred to in this section as Paper Copies), the Licencee shall not be required to enter into a formal written agreement with the contractor provided that the Licencee ensures that:
the contractor destroys or returns to the Licencee all such Paper Copies immediately upon:
whichever is the sooner, and provides, at the Licencee’s request, a sworn statement by a duly authorised person that it no longer holds any such Paper Copies;
Download data:Download data may only be used for the term purchased, and must be destroyed immediately upon the licence expiration date. Contact support if you would like to purchase an extension period.
Terminal: A “Terminal” for the purposes of this Contract means a Laptop, PC, workstation or other equipment containing a screen on which the Licenced Data may be displayed or used, and which is internal or personal to the Licencee and/or its permitted contractors. The Licencee shall only be allowed to use the data only for the number of terminals declared by the Licencee at the website www.mapserve.co.uk and any usage by the Licencee which is not in conformity therewith shall be deemed to be a default under this Agreement and entitle the Licensor to cancel the licence granted hereunder.
Waiver: No omission or delay on the part of either Party in requiring a due and punctual fulfillment by any other Party of its obligations hereunder shall be deemed to constitute a waiver of any of such Party’s rights to require such due and punctual fulfillment and, in any event, shall not constitute or be construed as a continuing waiver and/or as a waiver of other or subsequent breaches of the same or other (similar or otherwise) obligations of such other Party hereunder or as a waiver of any remedy. No waiver of a breach of any provisions of this Agreement shall be effective unless such waiver is in writing signed by the Party against whom the waiver is claimed.
BindingEffect: Subject to the terms and conditions hereof, this Agreement is legally binding upon and will enure to the benefit of the Parties and their respective successors and permitted assigns.
Representations and Warranties: The Parties hereby warrant and represent that they have full power and authority to execute and deliver this Agreement and perform its obligations, duties or responsibilities arising under this Agreement. The Parties further warrant that their execution, delivery and performance of this Agreement will not, conflict with, result in a breach of or default under any applicable law or regulation, or any order, writ, injunction or decree of any court or governmental authority, or any agreement, arrangement or understanding, written or oral, to which such Party is a party or by which such Party or any of its assets are bound.
No Assignment: Neither this Agreement nor any right or obligation hereunder or part hereof may be assigned by any Party without the prior written consent of the other Parties (any attempt to do so will be void).
Severability: If any provision of this Agreement is invalid or unenforceable or prohibited by law, it shall be treated for all purposes as severed from this Agreement and ineffective to the extent of such invalidity or unenforceability, without affecting in any way the remaining provisions hereof, which shall continue to be valid and binding.
Additional Documents: Each Party shall promptly execute and deliver such additional documents and agreements as may be reasonably required by the other Party for the purpose of implementing this Agreement.
Amendment. This Agreement shall not be altered, modified or amended except in writing duly signed by or on behalf of the Parties.
Costs: The Parties agree that all costs and expenses incurred by either Party in connection with the preparation, negotiation, finalization and execution of this Agreement, including without limitation, costs and expenses associated with retention of financial, legal, tax and other professional advisers, shall be borne by such Party.
Notices. Any notice to be given hereunder may be affected either by personal delivery in writing, or by electronic mail, or by mail registered or certified, postage pre-paid with return receipt requested at the addresses given below or any other address notified to the other Party. Notices delivered personally shall be deemed communicated as of actual receipt; mailed notices shall be deemed communicated as of five (5) days after mailing.
For the Licensor
The details, if any, given by the Licencee on the registration/login page of the website
For the Licencee
The contact details provided during the time of registration.
Indemnification. The Licencee shall defend, indemnify, hold harmless, and insure the Licensor from any and all damages expenses or liability resulting from or arising out of, any negligence or misconduct on the Licencee’s part (including non compliance with any legal or regulatory provisions), or from any breach or default of this Agreement which is caused or occasioned by the acts of the Licencee.
Governing Law and Jurisdiction. This Agreement shall be construed, and the legal relations between the parties shall be determined, in accordance with the substantive laws ofthe United Kingdom. The courts of London in the United Kingdom shall have jurisdiction to settle any dispute arising out of or under this Agreement and the parties agree that such courts are the most appropriate and convenient courts to settle disputes and accordingly no party will argue to the contrary.
Execution of Agreement: The Parties agree that the Licensor and the Licencee are deemed to have agreed to and executed is this Agreement upon the Licencee clicking on the “I agree to the Terms of the End User Licence Agreement” tab and the date of such clicking shall be considered as the Effective Date of this Agreement.
"Getmapping" means Getmapping plc, Virginia Villas, High Street, Hartley Wintney, Hampshire RG27 8NW. Registered in England & Wales no. 3663783
"Service" means Getmapping's digital download service and/or imagexpress plus™ service. Both these services are available at Getmapping's website www.getmapping.com
"Customer" means the customer of the Service.
"Image" means the digital aerial photographic image(s) delivered to the Customer by the Service.
"Fee" means the price to be paid by the Customer to Getmapping for the Image. Current pricing is displayed on the Getmapping website at www.getmapping.com
"Agreed Use" means for the Customer's own personal use or internal business use only. The Customer can use the Image to make up to 10 hardcopy reproductions (e.g. print outs or inclusions in a publication or marketing material). The Customer is not allowed to make more than 10 reproductions of the Image unless the Customer has purchased a Reproduction Licence from Getmapping that specifies a reproduction quantity greater than 10.
"Licence" means the licence granted by these terms and conditions.
Getmapping grants the Customer a non-exclusive, non-transferable licence to use the Image for the Agreed Use. For the avoidance of doubt, the Image shall not be resold, used for public broadcast, general publication, published on the Internet or used on web pages. Please contact Getmapping if alternative licencing is required.
The Customer acknowledges that Getmapping is the owner of all the intellectual property rights in the Image and agrees not to do anything that is inconsistent with those rights. In particular, the Customer shall ensure that use of the Image shall include a copyright notice stating that the Image is the property of Getmapping.
Whilst Getmapping endeavours to ensure that the Image is correct, no warranty, express or implied, is given as to its accuracy and Getmapping does not accept any liability for error or omission. In particular, Getmapping reminds you the Customer that the contents of an Image can only be what was visible at the date the photograph was taken and does not include subsequent changes.
Notwithstanding anything else in these terms, the Customer shall not make use of the Image for any purpose that might, in the reasonable opinion of Getmapping, be derogatory of Getmapping.
Getmapping will use reasonable endeavours to deliver the Image to the Customer either on screen (in the case of the imagexpress plus™ service), or by email or downloaded (in the case of the digital download service) within 24hours of an accepted order placed by the Customer via the digital download service unless prevented by circumstances beyond its control.
Getmapping cannot be held responsible for any deliveries that are delayed, cannot be made due to circumstances beyond its control, or if the Customer provides incorrect email delivery details (in the case of the digital download service). The Service uses Ordnance Survey's Address Point™ to locate into the imagery. The Customer accepts that the search mechanism is only accurate subject to the OS Address Point™ specification (see www.ordsvy.gov.uk).
It is possible that certain searches using the search mechanisms provided may result in a full viewer of imagery not being displayed. This can occur when an area of photography requested is not available. In this situation customers will not be charged for the areas that are unavailable.
The Fee shall be paid by the Customer within 30 days of the date of invoice. If payment is delayed the Customer shall be liable, without limitation to Getmapping's other rights, to pay interest on the monies owing at a rate of 2 per cent per month or part month.
Getmapping shall not be liable for any economic, indirect, unforeseeable or consequential loss or damage, whether from negligence or otherwise, arising in connection with the use of the Image or the Service.
Save for those express obligations contained in these terms and conditions, Getmapping does not warrant or guarantee the merchantability or satisfactory nature or fitness for any purpose of the Image or anything else supplied. Getmapping hereby excludes all warranties, conditions, representations or other terms, whether implied in contract or in statute or arising in any other manner in connection with these terms and conditions save where it is unlawful by statute to exclude such liability.
Getmapping's total liability shall be limited to the amount of the Fee. Once this amount has been reached, whether this be for one or several connected or unconnected events, Getmapping's liability shall cease.
Getmapping may terminate this Licence forthwith by written notice if the Customer is in breach of these terms and conditions.
Upon the termination of this Licence the Customer shall immediately, cease to use the Image and shall return it to Getmapping immediately. If requested the Customer shall confirm in writing that this has been done.
The Customer may not assign, transfer, sub-contract, charge or otherwise part with this Licence or any rights or obligations under it.
Getmapping may assign, transfer, sub-contract, charge or otherwise part with this Licence or any rights or obligations under it.
The Customer hereby grants Getmapping such rights as it may reasonably require to ensure compliance with these terms and conditions.
These terms and conditions constitute the entire agreement between the parties hereto with respect to the subject matter hereof and supersedes all prior agreements, negotiations and discussions between the parties hereto relating thereto. These terms and conditions may only be varied in writing by a director of Getmapping and an authorised representative of the Customer.
If any of these terms and conditions should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or enforceable, it shall be severed and deleted from the clause concerned and the remaining terms shall survive, remain in full force and effect and continue to be binding and enforceable.
These terms and conditions shall be governed by and construed in accordance with the laws of England and the parties accept the jurisdiction of the courts of England.