Terms of Use

BACKGROUND:

These Terms of Use, together with any and all other documents referred to herein, set out the terms of use under which you may use this website www.topographical.co.uk and other websites operated by Survey and Mapping Group Ltd. (”Our Site”).  Please read these Terms of Use carefully and ensure that you understand them.  Your agreement to comply with and be bound by these Terms of Use is deemed to occur upon your first use of Our Site and You will be required to read and accept these Terms of Use when signing up for an Account.  If you do not agree to comply with and be bound by these Terms of Use, you must stop using Our Site immediately.  These Terms together with the specific Terms of Contract supplied with a quotation by Us constitute the complete agreement to any sale/supply of service by Us.

 

1. Definitions and Interpretation

1.1 In these Terms of Use, unless the context otherwise requires, the following expressions have the following meanings:

 

“Account”

means an account required for a User to access and/or use certain areas of Our Site, as detailed in Clause 4;

“Content”

means any and all text, images, audio, video, scripts, code, software, databases and any other form of information capable of being stored on a computer that appears on, or forms part of, Our Site;

“Paid Content”

means digital content made available for sale via Our Site;

“User”

means a user of Our Site;

“User Content”

means any content submitted to Our Site by Users including, but not limited to, survey specifications, previous survey drawings, base mapping and project information.

“We/Us/Our”

means Survey and Mapping Group Ltd, a company registered in England under company number 10706110, whose registered address is 35 Charles Avenue, Nottingham, NG9 2SH.

 

2. Information About Us

2.1 Our Site, www.topographical.co.uk, is owned and operated by Survey and Mapping Group Ltd. Our VAT number is 273 2435 11.

2.2 We are regulated by Royal Institution of Chartered Surveyors (RICS)

2.3 We are also members of the Chartered Institution of Civil Engineering Surveyors.

 

3. Access to Our Site

3.1 Access to Our Site is free of charge.

3.2 It is your responsibility to make any and all arrangements necessary in order to access Our Site.

3.3 Access to Our Site is provided “as is” and on an “as available” basis.  We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice.  We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.

 

4. Accounts

4.1 Certain parts of Our Site (including the ability to purchase Paid Content from Us) may require an Account in order to access them.

4.2 You may not create an Account if you are under 18 years of age.

4.3 When creating an Account, the information you provide must be accurate and complete.  If any of your information changes at a later date, it is your responsibility to ensure that your Account is kept up-to-date.

4.4 We require that you choose a strong password for your Account, consisting of minimum 10 characters and we recommend you use a combination of lowercase and uppercase letters numbers and symbols. It is your responsibility to keep your password safe. If you believe your Account is being used without your permission, please contact Us immediately at hello@topographical.co.uk.  We will not be liable for any unauthorised use of your Account.

4.5 You must not use anyone else’s Account without the express permission of the User to whom the Account belongs.

4.6 Any personal information provided in your Account will be collected, used, and held in accordance with your rights and Our obligations under the law, as set out in Clause 16.

4.7 If you wish to close your Account, you may do so at any time.  Closing your Account will result in the removal of your information.  Closing your Account will also remove access to any areas of Our Site requiring an Account for access.

4.8 If you close your Account, any user content you have created on Our Site will be deleted or anonymised by removing any link to your personal information.

 

5. Intellectual Property Rights

5.1 With the exception of User Content (see Clause 6), all Content included on Our Site and the copyright and other intellectual property rights subsisting in that Content, unless specifically labelled otherwise, belongs to or has been licensed by Us.  All Content (including User Content) is protected by applicable United Kingdom and international intellectual property laws and treaties.

5.2 Subject to sub-Clauses 5.3 and 5.6 you may not reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use Content from Our Site unless given express written permission to do so by Us.

5.3 You may:

5.3.1 Access, view and use Our Site in a web browser (including any web browsing capability built into other types of software or app);

5.3.2 Download Our Site (or any part of it) for caching;

5.3.3 Print pages from Our Site;

5.3.4 Download extracts from pages on Our Site; and

5.3.5 Save pages from Our Site for later and/or offline viewing.

5.4 Our status as the owner and author of the Content on Our Site (or that of identified licensors, as appropriate) must always be acknowledged.

5.5 You may not re-use any Content printed, saved or downloaded from Our Site for commercial purposes without first obtaining a licence from Us (or Our licensors, as appropriate) to do so.  This does not prohibit the normal access, viewing and use of Our Site whether by business users or consumers.

5.6 Nothing in these Terms of Use limits or excludes the fair dealing provisions of Chapter III of the Copyrights, Designs and Patents Act 1988 ‘Acts Permitted in Relation to Copyright Works’, covering in particular the making of temporary copies; research and private study; the making of copies for text and data analysis for non-commercial research; criticism, review, quotation and news reporting; caricature, parody or pastiche; and the incidental inclusion of copyright material.

5.7 Use paid content within the contract terms and license provisions of the Terms and Conditions of Contract accepted by you before commencement of works.

 

6. User Content

6.1 User Content on Our Site includes (but is not necessarily limited to) survey specifications, access arrangements, previous survey drawings, base mapping and project information.

6.2 An Account is required if you wish to submit User Content.  Please refer to Clause 4 for more information.

6.3 You agree that you will be solely responsible for your User Content.  Specifically, you agree, represent, and warrant that you have the right to submit the User Content and that all such User Content will comply with Our Acceptable Usage Policy, detailed below in Clause 11.

6.4 You agree that you will be liable to Us and will, to the fullest extent permissible by law, indemnify Us for any breach of the warranties given by you under sub-Clause 6.3.  You will be responsible for any loss or damage suffered by Us as a result of such breach.

6.5 You (or your licensors, as appropriate) retain ownership of your User Content and all intellectual property rights subsisting therein.  When you submit User Content you grant Us an unconditional, non-exclusive, fully transferrable, royalty-free, perpetual, worldwide licence to use, store, archive, syndicate, publish, transmit, adapt, edit, reproduce, distribute, prepare derivative works from, display, perform and sub-licence your User Content for the purposes of operating and promoting Our Site.

6.6 If you wish to remove User Content from Our Site, the User Content in question will be deleted or anonymised by  removing any link to your personal information.  Please note, however, that caching or references to your User Content may not be made immediately unavailable (or may not be made unavailable at all where they are outside of Our reasonable control).

6.7 We may reject, reclassify, or remove any User Content from Our Site where, in Our sole opinion, it violates Our Acceptable Usage Policy, or if We receive a complaint from a third party and determine that the User Content in question should be removed as a result.

6.8 We are not responsible for the content or accuracy, or for any opinions, views, or values expressed in User Content.  Any such opinions, views, or values are those of the relevant User and do not reflect Our opinions, views, or values in any way.

 

7. Links to Our Site

7.1 You may link to Our Site provided that:

7.1.1 you do so in a fair and legal manner;

7.1.2 you do not do so in a manner that suggests any form of association, endorsement or approval on Our part where none exists;

7.1.3 you do not use any logos or trade marks displayed on Our Site without Our express written permission; and

7.1.4 you do not do so in a way that is calculated to damage Our reputation or to take unfair advantage of it.

7.2 You may link to any page of Our Site but in respect of paid content, you must comply with the Terms and Conditions of Contract specific to the works in question, specifically in relation to license terms.

OR

7.3 Framing or embedding of Our Site on other websites is not permitted without Our express written permission.

7.4 You may not link to Our Site from any other site the main content of which contains material that:

7.4.1 is sexually explicit;

7.4.2 is obscene, deliberately offensive, hateful or otherwise inflammatory;

7.4.3 promotes violence;

7.4.4 promotes or assists in any form of unlawful activity;

7.4.5 discriminates against, or is in any way defamatory of, any person, group or class of persons, race, gender, religion, nationality, disability, sexual orientation, or age;

7.4.6 is intended or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;

7.4.7 is calculated or is otherwise likely to deceive another person;

7.4.8 is intended or is otherwise likely to infringe (or to threaten to infringe) another person’s privacy;

7.4.9 misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is calculated to deceive (obvious parodies are not included in this definition provided that they do not fall within any of the other provisions of this sub-Clause 7.4);

7.4.10 implies any form of affiliation with Us where none exists;

7.4.11 infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trade marks and database rights) of any other party; or

7.4.12 is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.

7.5 The content restrictions in sub-Clause 7.4 do not apply to content submitted to sites by other users provided that the primary purpose of the site accords with the provisions of sub-Clause 7.4.  You are not, for example, prohibited from posting links on general-purpose social networking sites merely because another user may post such content.  You are, however, prohibited from posting links on websites which focus on or encourage the submission of such content from users.

 

8. Links to Other Sites

Links to other sites may be included on Our Site.  Unless expressly stated, these sites are not under Our control.  We neither assume nor accept responsibility or liability for the content of third party sites.  The inclusion of a link to another site on Our Site is for information only and does not imply any endorsement of the sites themselves or of those in control of them.

 

9. Liability and Disclaimers

9.1 Nothing on Our Site constitutes advice on which you should rely.  It is provided for information purposes only.  Professional or specialist advice should always be sought before taking any action on the basis of any information provided on Our Site.

9.2 Insofar as is permitted by law, We make no representation, warranty, or guarantee that Our Site will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure.

9.3 We make reasonable efforts to ensure that the Content on Our Site is complete, accurate, and up-to-date.  We do not, however, make any representations, warranties or guarantees (whether express or implied) that the Content is complete, accurate, or up-to-date.  Please note that this exception does not apply to information concerning Paid Content for sale through Our Site.  Please refer to the specific Terms of Contract of your quote for more information.

9.4 To the fullest extent permissible by law, We accept no liability to any User for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) Our Site or the use of or reliance upon any Content (including User Content) included on Our Site.

9.5 If you are a business user, We hereby exclude all implied conditions, warranties, representations or other terms that may apply to Our Site or Content.  We will not be liable for any loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.

9.6 If you are a consumer user, (please note that Our Site is intended for business use only, however) if, as a result of Our failure to exercise reasonable care and skill, any digital content from Our Site damages your device or other digital content belonging to you, you may be entitled to certain legal remedies.  For more details on consumer rights, please contact your local Citizens Advice Bureau or Trading Standards Office.

9.7 We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of Our Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.

9.8 Nothing in these Terms of Use excludes or restricts Our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law.

9.9 The limitations of liability included in this Clause 9 apply only to the use of Our Site and not to the sale of Paid Content, which is governed separately by the Terms of Contract on a case by case basis..

 

10. Viruses, Malware and Security

10.1 We exercise all reasonable skill and care to ensure that Our Site is secure and free from viruses and other malware.

10.2 You are responsible for protecting your hardware, software, data and other material from viruses, malware, and other internet security risks.

10.3 You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Site.

10.4 You must not attempt to gain unauthorised access to any part of Our Site, the server on which Our Site is stored, or any other server, computer, or database connected to Our Site.

10.5 You must not attack Our Site by means of a denial of service attack, a distributed denial of service attack, or by any other means.

10.6 By breaching the provisions of sub-Clauses 10.3 to 10.5, you may be committing a criminal offence under the Computer Misuse Act 1990.  Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them.  Your right to use Our Site will cease immediately in the event of such a breach.

 

11. Acceptable Usage Policy

11.1 You may only use Our Site in a manner that is lawful and that complies with the provisions of this Clause 11.  Specifically:

11.1.1 you must ensure that you comply fully with any and all local, national or international laws and/or regulations;

11.1.2 you must not use Our Site in any way, or for any purpose, that is unlawful or fraudulent;

11.1.3 you must not use Our Site to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind; and

11.1.4 you must not use Our Site in any way, or for any purpose, that is intended to harm any person or persons in any way.

11.2 When submitting User Content (or communicating in any other way as a result of using Our Site), you must not submit, communicate or otherwise do anything that:

11.2.1 is sexually explicit;

11.2.2 is obscene, deliberately offensive, hateful or otherwise inflammatory;

11.2.3 promotes violence;

11.2.4 promotes or assists in any form of unlawful activity;

11.2.5 discriminates against, or is in any way defamatory of, any person, group or class of persons, race, gender, religion, nationality, disability, sexual orientation or age;

11.2.6 is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;

11.2.7 is calculated or is otherwise likely to deceive;

11.2.8 is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy or otherwise uses their personal data in a way that you do not have a right to;

11.2.9 misleadingly impersonates any person or otherwise misrepresents your identity or affiliation in a way that is calculated to deceive (obvious parodies are not included within this definition provided that they do not fall within any of the other provisions of this sub-Clause 11.2);

11.2.10 implies any form of affiliation with Us where none exists;

11.2.11 infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, patents, trade marks and database rights) of any other party; or

11.2.12 is in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.

11.3 We reserve the right to suspend or terminate your access to Our Site if you materially breach the provisions of this Clause 11 or any of the other provisions of these Terms of Use.  Specifically, We may take one or more of the following actions:

11.3.1 suspend, whether temporarily or permanently, your Account and/or your right to access Our Site;

11.3.2 remove any User Content submitted by you that violates this Acceptable Usage Policy;

11.3.3 issue you with a written warning;

11.3.4 take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;

11.3.5 take further legal action against you as appropriate;

11.3.6 disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or

11.3.7 any other actions which We deem reasonably appropriate (and lawful).

11.4 We hereby exclude any and all liability arising out of any actions (including, but not limited to those set out above) that We may take in response to breaches of these Terms of Use.

 

12. Privacy & Cookies

12.1 Use of Our Site is also governed by Our Privacy Policy, available from www.topographical.co.uk/privacy.This policy is incorporated into these Terms of Use by this reference.

12.2 What is a cookie? A cookie is a small file that asks permission to be placed on your computer’s hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.

12.3 We use a feature of your internet browser called a ‘cookie’ on this website. We do not use ‘cookies’ to retrieve personal information about you from your computer. We will only gain such information if you have knowingly and willingly provided such information to us.  We understand how important it is to treat the data we capture correctly. We do not, nor will we ever sell, rent or loan any data to 3rd parties that identifies you without your consent.

12.4 We use traffic log cookies to identify which pages are being used. This helps us analyse data about webpage traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system.

12.5 Overall, cookies help us provide you with a better website by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us. You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.

12.6 Google. We use Google Maps to provide an easy to use quotation service to you. As prompted on the Google Maps screen, you use this service subject to the Google Terms of Service. We use Google Analytics to allow us to collect anonymous information about how visitors use our website. It allows us to identify trends, popular types of content and make informed decisions on how to improve the site. It is not linked to any data that allows us to identify users individually.

12.7 Cookie Maintenance. You can set your browser to accept or reject all specific ‘cookies’. You can also set your browser to alert you each time a ‘cookie’ is presented to your computer. You can delete ‘cookies’ that have been stored on your computer but remember, if you prevent us from placing ‘cookies’ on your computer during your visit, or you subsequently delete a ‘cookie’ that has been placed, it will not be possible for you to use our website effectively. By disabling your ‘cookies’ from the browser settings, you will be restricting the ‘cookies’ that We use to manage the website and this will have an impact on how the website will function. This will apply to all websites once ‘cookies’ are disabled via your browser settings and not only Our website.

12.8 If you would like to restrict or block ‘cookies’ that are set by us and other websites, you can do this through your web browser settings. Instructions for how to do this for the four most used web browsers are below. For other web browsers, please use the Help function on your browser for details on how to do this. For information on how to restrict or block ‘cookies’ on your mobile phone, you will need to refer to your handset manual.

 

13. Changes to these Terms of Use

13.1 We may alter these Terms of Use at any time.  Any such changes will become binding on you upon your first use of Our Site after the changes have been implemented.  You are therefore advised to check this page from time to time.

13.2 In the event of any conflict between the current version of these Terms of Use and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.

 

14. Contacting Us

To contact Us, please email Us at hello@topographical.co.uk or using any of the methods provided on Our contact page at http://www.topographical.co.uk/contact.

 

15. Communications from Us

15.1 If We have your contact details (if, for example, you have an Account) We may from time to time send you important notices by email.  Such notices may relate to matters including, but not limited to, service changes, changes to these Terms of Use, Our Terms of Sale, and changes to your Account. Please see the Privacy Policy for more information.

15.2 Any and all marketing emails sent by Us include an unsubscribe link. If you opt out of receiving emails from Us at any time, it may take up to 10 business days for Us to comply with your request.  During that time, you may continue to receive emails from Us.

15.3 For questions or complaints about communications from Us (including, but not limited to marketing emails), please contact Us at hello@topographical.co.uk

 

16. Data Protection

16.1 All personal information that We may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and your rights under the GDPR.

16.2 For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of your rights and how to exercise them, and personal data sharing (where applicable), please refer to Our Privacy Policy.

 

17. Law and Jurisdiction

17.1 These Terms of Use, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law.

17.2 If you are a business, any disputes concerning these Terms of Use, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.

17.3 If you are a consumer, any disputes concerning these Terms of Use, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.

 

Revision Notes: -

25th May 2018 – GDPR compliancy update