Terms And Conditions

Promap Terms and Conditions

1. The Agreement:
   1. Prodat agrees to supply to the Customer the Product subject to these Terms and Conditions and the Customer agrees that by purchasing the Product it accepts these Terms and Conditions, for the avoidance of doubt, notwithstanding any references to sale or purchase of Products, it is noted that the provision of the Product is under licence and nothing in these Terms and Conditions shall operate as or be deemed to be an assignment or transfer of the Product or any intellectual property rights in the Product.
   2. Purchase or use of the Product by the Customer shall be deemed to be acceptance of these Terms and Conditions (as amended from time to time). The Customer is responsible for reviewing regularly the information posted (currently http://www.promap.co.uk/promap/tandc.jsp) and continued use of the Product following such change indicates acceptance of the changes that have been made.
   3. The Customer is solely responsible for inputting data relevant to the order of a Product, and Prodat shall not be liable (nor shall the Customer be entitled to any refund) in the event such information is not provided correctly.
   4. Prodat reserves the right to refuse any order submitted by a Customer, which contains incomplete or incorrect information. Any costs already incurred by Prodat in connection with such order prior to refusal shall be borne in full by the Customer.
   5. These Terms govern the relationship between the Customer and Prodat, and are deemed to have been accepted by the Customer when it places any order for a Product or pays for any services provided.
   6. These Terms together with the price list referred to above, Prodat's privacy policy and any terms set out in its website, comprise the entire agreement between Prodat and the Customer. No prior stipulation, agreement, promotional material or statement should be treated as a variation of these Terms, nor any amendment or other Terms provided by the Customer operate to vary or replace these Terms.
2. The Product:
   1. Whilst Prodat will use reasonable care and skill in providing the Product to the Customer, the Product is provided to the Customer on the express basis that the Customer acknowledges and agrees to the following:
      1. the information and data supplied in the Product are derived from publicly available records and other third party sources and Prodat does not warrant the accuracy or completeness of such information or data; and
      2. the information and data supplied in the Product are derived solely from those sources specifically cited in the Product and Prodat does not claim that these sources represent an exhaustive or comprehensive list of all sources that might be consulted; and
      3. Prodat does not guarantee that all past or current uses or features will be identified in the Product; and
      4. the Products and other services provided by Prodat are professional business to business services and not intended for use or interpretation by persons other than professional persons skilled in the use of property and environmental information; and
      5. Prodat shall not be responsible for errors or corruption in the Product resulting from inaccuracy or omission in primary or secondary information and data, inaccurate processing of information and data by third parties, computer malfunction or corruption of data whilst in the course of conversion, geo-coding, processing by computer or electronic means, or in the course of transmission by telephone or other communication link, or printing; and
      6. the Product does not give details about the actual state or condition of the Plot nor should it be used or taken to indicate or exclude actual suitability or unsuitability of the Plot for any particular purpose, or relied upon for determining saleability or value, or used as a substitute for any physical investigation or inspection; and
      7. Prodat reserves the right to update, modify or delete the data comprising any Product at any time and does not give any warranty regarding the completeness or accuracy of any data provided as part of any Product.
3. Liability:
   1. Prodat accepts liability and provides warranties only as set out in this clause. As most of the information contained in the Product is provided to Prodat by others, Prodat cannot control its accuracy or completeness, nor is it within the scope of the Product to check the information at source. Accordingly, Prodat will only be liable to the Customer for any loss or damage caused by Prodat's negligence or wilful default and neither Prodat nor any person providing information contained in any Product shall in any other circumstances be liable for any inaccuracies, faults or omissions in the Product. The Data Originators do not warrant the accuracy of the information they supply to Prodat who therefore have no control over the content quality or reliability of the data in the Products and accordingly Prodat cannot and does not give any assurances regarding the quality or suitability or fitness for purpose of any of the Products. All Products are supplied on the assumption that the Customer has correctly input the relevant information.
   2. Prodat has prepared the Product for use only by the Customer and for no other purpose whatsoever and the Product should not be relied upon by any third party. Prodat cannot accept any responsibility and will not be liable to any third party for any loss caused as a result of reliance upon the contents of the Product. The Customer is to rely on its own skill and judgement in determining the suitability of the Product for its own purpose and use and the Customer is advised to use the Product with caution and not to base business decisions solely on the same. The Product is merely one of the tools available for the assessment of environmental, geological or other property or land-related risks and should be used in conjunction with other recognised methods of evaluation.
   3. All representations, warranties, guarantees and conditions (whether express or implied, by statute, Common Law, collateral or otherwise) as to fitness for any particular purpose, satisfactory quality or otherwise are expressly excluded to the fullest extent permitted by law.
   4. Nothing in this Agreement shall exclude or restrict Prodat's liability for death or personal injury resulting from the negligence of Prodat or its employees while acting in the course of their employment or arising from a breach of its statutory duty. Subject to the foregoing, Prodat shall not be liable to the Customer for loss of profits; or loss of contracts; (or, without limitation, other indirect or consequential loss or damage) resulting from any event or default by Prodat in the provision of the Product to the fullest extent permitted by law. Time shall not be of the essence with respect to the provision of the Product. Prodat shall not be liable for any delay, interruption or failure in performance of its obligations hereunder which is caused or contributed to by any circumstance which is outside Prodat's reasonable control, including (without limitation) war, flood, riot, Act of God, strike or other labour dispute (including those affecting Government officials), suspension or delay of service at public registries, change in the law, lack of power, telecommunications failure or overload, or computer malfunction.
   5. On receipt of the Product the Customer shall make a reasonable inspection to satisfy itself that there are no apparent defects or failures. Prodat will, subject as otherwise provided herein, accept no responsibility for any defect or failure in the Product notified to it (a) after 7 days following discovery of any defect or failure in the Product; or (b) after 6 months after receipt of the Product by the Customer. Except as otherwise provided in this Agreement, Prodat's aggregate liability in connection with this Agreement or the provision or use of the Product, whether in contract or in negligence or in any other way, for damages or loss sustained or incurred by the Customer shall be limited to an aggregate amount not exceeding £350,000.
   6. The Customer shall have no claim or right of recourse against any Data Originator (save for Prodat, on the terms above), nor shall the Customer hold Prodat responsible for any selection of or retention of data, nor any acts or omissions by any third party supplier to Prodat. Prodat does not promise that the supply of the Products will be uninterrupted or error free or provide any particular facilities or functions nor that the data will always be complete, accurate, precise, free from defects of any kind, computer viruses, software locks or similar code or free from errors due to third party processing including any geo-referencing. The Customer assumes the entire risk of the suitability of the Products and waives any claim of detrimental reliance on the same.
4. Copyright & Confidentiality:
   1. The Customer acknowledges that the copyright, trademarks, database rights, design rights and any other intellectual property rights in the Product are and shall remain the property of Prodat and/or its Data Originators and this agreement does not purport to grant, assign, licence, or transfer any rights to the Customer in respect thereof. The Customer shall have no rights over any intellectual property contained in the Product, including without limitation, no right to sub licence the Product or any element of it.
   2. Subject to 4.viii, the Customer agrees that it will treat (and cause its employees, agents and servants to treat) as strictly private and confidential the Product and all information which it obtains from the Product and any disclosure to employees or servants of the Customer shall be for the Customer to conduct its internal business only. The Customer further agrees that it will comply with any specific directions with regard to security or confidentiality as notified by Prodat from time to time. The requirement in this clause to treat the Product as confidential shall include a requirement to maintain adequate security measures to safeguard the Product from unauthorised access, use or copying.
   3. The Customer agrees to hold Prodat indemnified against any losses, costs, claims and damage suffered by Prodat as a result of any breach by the Customer of the terms of this Clause 4.
   4. The Customer agrees:
      1. not to remove suppress or modify, amend alter or obscure any trademark, copyright or other proprietary marking belonging to Prodat and the Data Originators from the Product, nor add any other such marking to the Product without the prior written consent of Prodat;
      2. not to create any product which is derived directly or indirectly from the data contained in the Product;
      3. not to combine the Product with or incorporate such Product into any other information data or product;
      4. not to re-format or otherwise change (whether by modification, addition or enhancement) data contained in the Product;
      5. not to provide the Product or any part thereof to third parties without the express written permission of Prodat, nor copy, use, market, resell, distribute, merge, alter add to or carry on any distribution, translation or publication of the Product or seek to reverse engineer decompile or disassemble the Product.
      6. Not to use the Product except strictly in accordance with these Terms and not for any other purpose, nor should any use be made of the Product that would or might be deemed to be disparaging to any of the Data Originators;
   5. The Customer shall comply with the conditions for use of the Products as set out in the Annex hereto.
   6. The Customer acknowledges that the Product is confidential and it is intended for personal use or internal business use of the Customer only.
   7. Where mapping is provided by Ordnance Survey, such mapping contained in any Product is protected by Crown Copyright and must not be used for any purpose outside the context of the Product. Where mapping is provided by any other Data Originator, including without limitation, Collins Bartholomew Ltd such mapping is the copyright of such Data Originator and must not be used for any purpose outside the context of the Product.
   8. Subject to clause 4.vii and 4.x copying in whole or any part by any means of the map prints or run on copies provided with the Product is not permitted without appropriate licensing from the relevant Data Originator. The Customer must already be in possession of or obtain a valid Ordnance Survey Business Use Licence if it wishes to make any further copies of any Ordnance Survey maps supplied with or forming all or part of any Product.
   9. The Customer is permitted to produce printed output from Promap for resale to End Users for such End User's personal use only.
   10. With regard to Ordnance Survey mapping, if the printed output is resold to a particular End User the Customer must pay a first print charge. Run on copies can be resold to the End User but only if the Customer has previously paid a first print charge for that print for that End User.
   11. The Customer shall use the Product for a period of 12 months from the date the Product is received by the Customer only and shall forthwith thereafter or forthwith on termination for whatever reason destroy all copies of the Product howsoever stored and shall certify on request to Prodat that no copies have been retained and no further use shall be made of the Product.
   12. The Customer shall not remove alter or in any way change any trademark or other proprietary marking on any element of the Product and shall acknowledge ownership of the Product where it is used or incorporated into any other documents, whether or not this is provided to any third party.
   13. Any Data Originator shall be entitled to enforce any of the terms set out in this agreement as if it were a party hereto.
5. General:
   1. Promotional materials or samples supplied by Prodat do not form part of this Agreement. Each of the clauses and sub-clauses of these Terms and Conditions is distinct and severable. If any provision of these Terms and Conditions shall be determined to be invalid, illegal or unenforceable, the remainder of these Terms and Conditions shall continue to be valid, legal and enforceable to the fullest extent of the law. Prodat reserves the right to revise its Terms and Conditions from time to time. The Customer is therefore advised to check the Terms and Conditions (currently http://www.promap.co.uk/promap/tandc.jsp) regularly as the Customer will be bound by the terms in place on the date the Product is purchased.
   2. The Customer shall pay the price for the Product without any set off, deduction or counterclaim. Prodat shall not be obliged to invoice any party other than the Customer for the provision of a Product, but where Prodat does so invoice any third party at the request of the Customer, and such invoice is not accepted or remains unpaid, Prodat shall have the option at any time to cancel such invoice and invoice the Customer direct for such Product. Where the Customer's order comprises a number of Products or severable elements within any one or more Products, any failure by Prodat to provide a Product or elements of a Product shall not prejudice Prodat's ability to require payment in respect of the Products or elements of the Product delivered to the Customer as the circumstance shall indicate. In addition, Prodat may charge interest on overdue amounts at 3% over the National Westminster Bank base rate from time to time from the due date until payment in full is made. VAT at the prevailing rate shall be payable in addition to the price for the Product (as set out in Prodat's price list as referred to above).
   3. Any time or indulgence granted by Prodat or delay in exercising any of its rights under the Agreement shall not prejudice or affect Prodat's rights or operate as a waiver of the same.
   4. Prodat reserves the right to refuse to supply the Products or any of them to a Customer at any time prior to acceptance of an order, including without limitation, altering the specification of or price charged for any Product, or amending these Terms. Whilst Prodat shall endeavour to give the Customer notice of any such alterations, the Customer acknowledges that such amendments may be required of Prodat by its data suppliers and as such, Prodat is entitled to require implementation forthwith without notice, and the Customers continued use of the Product or placing any further order for Products shall be deemed to constitute acceptance of any such amendment.
   5. Prodat may, at any time and at its sole discretion suspend or terminate the Customer's access to the Products, or any of them, and shall not be obliged to provide any notice of such suspension or termination. In the event that such action is taken, Prodat shall not incur any liability to the Customer whatsoever.
   6. Prodat may assign its rights and obligations under these Terms without prior notice or any limitation. The Customer shall not be entitled to assign its rights or obligations pursuant to the Agreement.
   7. Prodat may suspend or terminate the provision of the Product if the Customer is bankrupt or insolvent or makes any voluntary arrangements with its creditors or becomes subject to an administration order or has an administrative receiver appointed over any of its assets or if Prodat has reason to believe that any of foregoing conditions may come into existence or any amount owing to Prodat is overdue or the Customer has exceeded any credit limit or in the event the Customer has breached any of the obligations set out in these Terms and in the event of a breach capable of remedy, has failed to so remedy the breach within 7 days of receiving written notice from Prodat specifying the breach and remedial action to be taken.
   8. The Agreement shall at all times be governed construed and enforced in accordance with English Law which shall be the proper law of the Agreement, and both parties thereby submit to the exclusive jurisdiction of the English courts. If any dispute arises out of or in connection with these Terms ('Dispute') the parties undertake that prior to commencement of court proceedings they will see to have the Dispute resolved amicably by use of an alternative dispute resolution procedure acceptable to both parties with the assistance of the Centre for Dispute Resolution, such procedure to be commenced by the service of written notice by one party to the other. If the Dispute has not been resolved to the mutual satisfaction of the parties within 60 days (or such other period as they shall agree) of initiation of the procedure or if either party refuses to participate, then either party may refer the Dispute to the courts.
   9. Prodat's privacy policy as displayed and updated from time to time on its website governs the use that will be made of information that you provide.
   10. The Customer agrees not to reverse engineer, decompile or disassemble the Product or use or attempt to use the Product for any purpose other than the purpose for which it is supplied under these Terms and Conditions. The Customer further undertakes not to attempt in any way to circumvent or subvert the charging mechanisms used in connection with the Product.
   11. The Customer shall comply with all requirements of the relevant Data Protection law.
   12. The Customer hereby agrees to indemnify Prodat from and against all costs, claims, expenses and damages, whether direct or indirect, caused by the Customer of any of its obligations under this Agreement, including without limitation any unauthorised use of the Product.
   13. Prodat or any Data Originator shall be entitled at any time following the supply of any Product to audit the Customer's compliance with the provisions of these Terms, including without limitation compliance with the security and confidentiality obligations, the use of intellectual property rights and compliance with the ordering and payment procedures and the Customer shall give Prodat or the Data Originator all reasonable assistance in connection with such audit, including without limitation granting access to relevant personnel, books and records. In the event that such audit shall uncover any non-compliance with these Terms, Prodat reserves the rights to refuse to supply any further Product to the Customer and notwithstanding this, the Customer shall indemnify Prodat against any losses that it may have suffered or incurred as a result of the Customer's breach of its obligations.
   14. Unless otherwise stated in these Terms all notices from the Customer to Prodat shall be in writing and sent to the Prodat registered office. All notices from Prodat to the Customer shall be displayed on the website, or in the case of individual correspondence, sent to the last known address of the Customer, who shall be obliged to notify Prodat of its address details and any amendments thereto.
   15. A person who is not a party to any contract made pursuant to these terms and conditions shall have no right under the Contract (Rights of Third Parties) Act 1999 to enforce any terms of such contract and Prodat shall not be liable to any such third party in respect of the Products, save that any Data Originator may enforce any of these terms and conditions against the Customer in accordance with the Contracts (Rights of Third Parties) Act 1999.


ANNEX: CONDITIONS OF USE


• Only one paper copy may be made unless the Licensee has the appropriate licences and authorizations from the Data Originators. No print copies shall be taken of Map or Enquiry Transactions
• A background watermark may be required (and the Licensee will be advised accordingly during the ordering process)
• The correct copyright acknowledgement to the Data Originator must be shown in the following form : Drawing reference number ..........1
Reproduced from Ordnance Survey Data © Crown Copyright (insert year) All Rights reserved.
• A brief statement of the purpose of the publication must be shown.
• Drawing reference number is eight characters in length, for example, 18000234 and can be drawn using DXF layer G8030575 or GML feature code 10213 as appropriate.
• Insert the year of supply of the Data.
• The Data must not be published on its own without some additional text overlaid.
• The Data may not be published in vector form.
• The Data must be stored locally and securely encrypted.
• No manipulation of the Data may be made by screen capture, plotting, storage or otherwise.
• No onward transmission, transfer, sub-license, copy, use, marketing, distribution, merger, alteration or addition to, resale, assignment or otherwise shall be made of the Data unless the Licensee is appropriately authorized by the Data Originators.
• No geo-referencing or viewing of individual grid references.
• No extraction of the features from a single source unless an equal number of features of different provenance are extracted.

Promap IQ Terms and Conditions

1. 1. Terms & Conditions
   1. These Terms govern the relationship between You and Landmark whether You are an unregistered visitor to the Website or are purchasing Services. Where these Terms are not expressly accepted by You they will be deemed to have been accepted by You, and You agree to be bound by these Terms when You place any Order, or pay for any Services provided
   2. If the person communicating with Landmark is an Authorised Reseller, they must ensure that You agree to these Terms.
   3. The headings in these Terms are for convenience only and shall not affect the meaning or interpretation of any part of these Terms.
   4. Landmark may modify these Terms, and may discontinue or revise any or all other aspects of the Services at our sole discretion, with immediate effect and without prior notice, including without limitation changing the Services available at any given time. Any amendment or variation to these Terms shall be posted on our Websites. Continued use of the Services by You shall be deemed an acceptance by You to be bound by any such amendments to the Terms.
   5. These Terms, together with the prices and delivery details set out on our Websites, Landmark's Privacy Policy and Your Order comprise the whole agreement relating to the supply of Services to You by Landmark. No prior stipulation, agreement, promotional material or statement whether written or oral made by any sales or other person or representative on our behalf should be understood as a variation of these Terms. Save for fraud or misrepresentation, Landmark shall have no liability for any such representation being untrue or misleading.
   6. These Terms shall prevail at all times to the exclusion of all other terms and conditions including any terms and conditions which You may purport to apply even if such other provisions are submitted in a later document or purport to exclude or override these Terms and neither the course of conduct between parties nor trade practice shall act to modify these Terms.
      
      Services
      1. Landmark will use reasonable care and skill in providing the Services to You, however, the Services are provided on the express basis that the information and data supplied in the Services are derived from third party sources and Landmark does not warrant the accuracy or completeness of such information or data. Such information is derived solely from those sources specifically cited in the Services and Landmark does not claim that these sources represent an exhaustive or comprehensive list of all sources that might be consulted. 3. Intellectual Property
         1. You acknowledge that all Intellectual Property Rights in the Services are and shall remain owned by either Landmark or our Suppliers and nothing in these Terms purports to transfer, assign or grant any rights to You in respect of the Intellectual Property Rights.
         2. Subject always to these Terms You may, without further charge, make the Services available to;
         3. i. the owner of the Property at the date of the Report,
         4. ii. any person who purchases the whole of the Property Site,
         5. iii. any person who provides funding secured on the whole of the Property Site,
         6. iv. any person for whom You act in a professional or commercial capacity,
         7. v. any person who acts for You in a professional or commercial capacity; and
         8. vi. prospective buyers of the Property Site as part of an Information Pack but for the avoidance of doubt, Landmark shall have no liability to such prospective buyer unless the prospective buyer subsequently purchases the Property Site, and the prospective (or actual) buyer shall not be entitled to make the Service available to any other third party. Accordingly Landmark shall have the same duties and obligations to those persons in respect of the Services as it has to You.
         9. Each of those persons referred to in clause 3.b. shall have the benefit and the burden of Your rights and obligations under these Terms. The limitations of Landmark's liability as set out in clause 6 shall apply to all users of the Service in question in aggregate and Landmark shall not be liable to any other person.
         10. All parties given access to the Services agree that they will treat as strictly private and confidential the Services and all information which they obtain from the Services and shall restrict any disclosure to employees or professional advisors to enable the relevant party to conduct its internal business. The requirement in this clause to treat the Services as confidential shall include a requirement to maintain adequate security measures to safeguard the Services from unauthorised access, use or copying.
         11. Each recipient of the Services agrees (and agrees it will cause its employees, agents or contractors who may from time to time have access to the Services to agree) it will not, except as permitted herein or by separate agreement with Landmark:-
         12. i. effect or attempt to effect any modification, merger or change to the Service, nor permit any other person to do so; or
         13. ii. copy, use, market, re-sell, distribute, merge, alter, add to or carry on any redistribution, reproduction, translation, publication, reduction to any electronic medium or machine readable form or commercially exploit or in any other way deal with or utilise or (except as expressly permitted by applicable law) reverse engineer, decompile or disassemble the Services, Content or Website; or
         14. iii. remove, alter or in any way change any trademark or proprietary marking in any element of the Services and You shall acknowledge the ownership of the Content, where such Content is incorporated or used into Your own documents, reports, systems or services whether or not these are supplied to any third party.
         15. iv. create any product which is derived directly or indirectly from the data contained in the Services
         16. f. The mapping contained in any Services is protected by Crown Copyright and must not be used for any purpose outside the context of the Services or as specifically provided by these Terms.
         17. g. You are permitted to make five copies of any Report, but are not authorised to re-sell the Report, any part thereof or any copy thereof unless you are an Authorised Reseller. Further copies may not be made in whole or in part without the prior written permission of Landmark who shall be entitled to make a charge for each additional copy. Charges
             1. VAT at the prevailing rate shall be payable in addition to the Landmark Fees. You shall pay any other applicable indirect taxes related to Your use of the Services.
             2. An individual or a monthly invoice showing all Orders created by You will be generated subject to these Terms. You will pay the Landmark Fees at the rates set out in Landmark's or its Authorised Reseller's invoice. The Landmark Fees are payable in full within 30 days without deduction, counterclaim or set off. You acknowledge that time is of the essence with respect to the payment of such invoices. Landmark reserve the right to amend the Landmark Fees from time to time and the Services will be charged at the Landmark Fee applicable at the date on which the Service is ordered.
             3. We may charge interest on late payment at a rate equal to 3% per annum above the base lending rate of National Westminster Bank plc.
             4. Landmark or its Authorised Reseller shall not be obliged to invoice any party other than You for the provision of Services, but where Landmark or its Authorised Reseller does so invoice any third party at Your request, and such invoice is not accepted or remains unpaid, Landmark or its Authorised Reseller shall have the option at any time to cancel such invoice and invoice You direct for such Services. Where Your order comprises a number of Services or severable elements within any one or more Services, any failure by Landmark or its Authorised Reseller to provide an element or elements of the Services shall not prejudice Landmark's or its Authorised Reseller's ability to require payment in respect of the Services delivered to You. Termination
                1. Landmark may suspend or terminate Your rights under these Terms without any liability to You with immediate effect if at any time:-
                2. i. You fail to make any payment due in accordance with clause 4;
                3. ii. You repeatedly breach or commit or cause to be committed any material breach of these Terms; or
                4. iii. You commit a breach and You fail to remedy the breach within 7 days of receipt of a written notice to do so; additionally, without prejudice to the foregoing, Landmark may remedy the breach and recover the costs thereof from You.
                5. If Your rights are terminated under this clause and You have made an advance payment We will refund You a reasonable proportion of the balance as determined by Us in relation to the value of Services previously purchased.
                6. Landmark reserves the right to refuse to supply any or all Services to You without notice or reason. Liability
                   1. We provide warranties and accept liability only to the extent stated in this clause 6 and clause 7.
                   2. Nothing in these Terms excludes either party's liability for death or personal injury caused by that party's negligence or wilful default, and the remainder of this clause 6 is subject to this provision and Your statutory rights.
                   3. As most of the information contained in the Services is provided to Landmark by others, Landmark cannot control its accuracy or completeness, nor is it within the scope of Landmark's Services to check the information on the ground. Accordingly, Landmark will only be liable to You for any loss or damage caused by its negligence or willful default and subject to clause 6.o below neither Landmark nor any person providing information contained in any Services shall in any circumstances be liable for any inaccuracies, faults or omissions in the Services, nor shall Landmark have any liability if the Services are used otherwise than in accordance with these Terms.
                   4. Save as precluded by law, Landmark shall not be liable for any indirect or consequential loss, damage or expenses (including loss of profits, loss of contracts, business or goodwill) howsoever arising out of any problem, event, action or default by Landmark.
                   5. In any event, and notwithstanding anything contained in these Terms, Landmark's liability in contract, tort (including negligence or breach of statutory duty) or otherwise howsoever arising by reason or in connection with this Contract (except in relation to death or personal injury) shall be limited to an aggregate amount not exceeding £1 million if the complaint is in relation to a Report on residential property and an aggregate amount not exceeding £10 million in respect of any other Report or Service purchased from Landmark.
                   6. Landmark will not be liable for any defect, failure or omission relating to Services that is not notified to Landmark within six months of the date of the issue becoming apparent and in any event, within twelve years of the date of the Service.
                   7. You acknowledge that:-
                   8. i. Subject to clause 6.o below You shall have no claim or recourse against any Third Party Content supplier nor any of our other Suppliers. You will not in any way hold us responsible for any selection or retention of, or the acts of omissions of Third Party Content suppliers or other Suppliers (including those with whom We have contracted to operate various aspects or parts of the Service) in connection with the Services (for the avoidance of doubt Landmark is not a Third Party Content supplier). Landmark does not promise that the supply of the Services will be uninterrupted or error free or provide any particular facilities or functions, or that the Content will always be complete, accurate, precise, free from defects of any other kind, computer viruses, software locks or other similar code although Landmark will use reasonable efforts to correct any inaccuracies within a reasonable period of them becoming known to us;
                   9. ii. Landmark's only obligation is to exercise reasonable skill and care in providing environmental property risk information to persons acting in a professional or commercial capacity who are skilled in the use of property and environmental information and You hereby acknowledge that You are such a person;
                   10. iii. no physical inspection of the Property Site reported on is carried out as part of any Services offered by Landmark and Landmark do not warrant that all land uses or features whether past or current will be identified in the Services. The Services do not include any information relating to the actual state or condition of any Property Site nor should they be used or taken to indicate or exclude actual fitness or unfitness of a Property Site for any particular purpose nor should it be relied upon for determining saleability or value or used as a substitute for any physical investigation or inspection. Landmark recommends that You inspect and take other advice in relation to the Property Site and not rely exclusively on the Services.
                   11. iv. Subject to clause 6.o below, Landmark shall not be responsible for error or corruption in the Services resulting from inaccuracy or omission in primary or secondary information and data, inaccurate processing of information and data by third parties, computer malfunction or corruption of data whilst in the course of conversion, geo-coding, processing by computer or electronic means, or in the course of transmission by telephone or other communication link, or printing.
                   12. v. Landmark will not be held liable in any way if a Report on residential property is used for commercial property or more than the one residential property for which it was ordered.
                   13. vi. the Services have not been prepared to meet Your or anyone else's individual requirements; that You assume the entire risk as to the suitability of the Services and waive any claim of detrimental reliance upon the same; and You confirm You are solely responsible for the selection or omission of any specific part of the Content;
                   14. vii. Landmark offer no warranty for the performance of any linked internet service not operated by Landmark;
                   15. viii. You will on using the Services make a reasonable inspection of any results to satisfy Yourself that there are no defects or failures. In the event that there is a material defect You will notify us in writing of such defect within seven days of its discovery;
                   16. ix. Any support or assistance provided to You in connection with these Terms is at Your risk;
                   17. All liability for any insurance products purchased by You rests solely with the insurer. Landmark does not endorse any particular product or insurer and no information contained within the Services should be deemed to imply otherwise. You acknowledge that if You Order any such insurance Landmark will deem such as Your consent to forward a copy of the Report to the insurers. Where such policy is purchased, all liability remains with the insurers and You are entirely responsible for ensuring that the insurance policy offered is suitable for Your needs and should seek independent advice. Landmark does not guarantee that an insurance policy will be available on a Property Site. All decisions with regard to the offer of insurance policies for any premises will be made solely at the discretion of the insurers and Landmark accepts no liability in this regard. The provision of a Report does not constitute any indication by Landmark that insurance will be available on the property.
                   18. Professional opinions contained in Reports are provided to Landmark by third parties, and such third parties are solely liable for the opinion provided. For the avoidance of doubt, those parties providing assessments or professional opinions on Landmark products include RPS Plc & Wilbourn Associates Limited, and any issues with regard to the provision of such opinion should be taken up with the relevant third party. If Landmark provides You with any additional service obtained from a third party, including but not limited to any interpretation or conclusion, risk assessment or environmental report or search carried out in relation to a Report on Your Property Site, subject to clause 6.o below Landmark will not be liable in any way for any information contained therein or any issues arising out of the provision of those additional services to You. Landmark will be deemed to have acted as an agent in these circumstances and the supply of these additional services will be governed by the terms and conditions of those Third Parties.
                   19. In any event no person may rely on a Service more than 12 months after its original date.
                   20. If You wish to vary any limitation of liability as set out in these Terms, You must request such variation prior to ordering the Service. Landmark shall use its reasonable endeavours to agree such variation but shall not be obliged to do so.
                   21. Time shall not be of the essence with respect to the provision of the Services.
                   22. Ordnance Survey have undertaken a positional accuracy improvement programme which may result in discrepancies between the positioning of features used in datasets in the Services and the updated Ordnance Survey mapping. Subject to clause 6.o below, Landmark and its Suppliers exclude all and any liability incurred as a result of the implementation of such positional accuracy improvement programme.
                   23. Where Landmark provides its own risk assessment in connection with any Report, Landmark shall carry out such assessment with all reasonable skill and care but shall have no liability for any such risk assessment conclusion which is provided for information only, save where Landmark conducted the same negligently, in which case the provisions of clause 6 shall apply. Notwithstanding the provision of any such risk assessment conclusion you should carefully examine the remainder of the Report and should not take or refrain from taking any action based solely on the basis of the risk assessment. For the avoidance of doubt, the provisions of this clause 6n apply solely to risk assessments conducted by Landmark, and the provision of any other risk assessment by a third party shall be governed by such third party's terms in accordance with the provisions of clause 6i above.
                   24. Landmark obtains much of the information contained in its Report from third parties. Landmark will not accept any liability to You for any negligent or incorrect entry, or error or corruption in the Third Party Content supplied to Landmark, but Landmark's Suppliers may be liable for such negligent or incorrect entries, or errors or corruptions, subject to the terms and conditions on which they supply the Third Party Content to Landmark. Contribution
                       1. Save where expressly provided, this clause 7 shall apply solely to Envirosearch Residential Reports (regardless of the result of such Report). Nothing in this clause 7 shall operate to override or vary the provisions of clause 6.
                       2. Landmark are prepared to offer, at their sole discretion, and without any admission or inference of liability a contribution towards the costs of any remediation works required under a Notice (as defined below) on the terms of this clause 7 ("the Contribution")
                       3. In the event that a Remediation Notice is served on the First Purchaser or First Purchaser's Lender of a Property Site under Part II(A) of the Environmental Protection Act 1990 ("the Notice") Landmark will contribute to the cost of such works as either the First Purchaser or First Purchaser's Lender (but not both) are required to carry out under the Notice subject to the provisions of this clause 7 and on the following terms:
                       4. i. the Contribution shall only apply to contamination or a pollution incident present or having occurred prior to the date of the Report;
                       5. ii. the Contribution shall only apply where the Property Site is a single residential dwelling house or a single residential flat within a block of flats. For the avoidance of doubt, this obligation does not apply to any commercial property, nor to any Property Site being developed or redeveloped whether for residential purposes or otherwise;
                       6. iii. the Contribution is strictly limited to the cost of works at the Property Site and at no other site.
                       7. iv. the Contribution will not be paid in respect of any of the following: Radioactive contamination of whatsoever nature, directly or indirectly caused by or contributed to or arising from ionising radiations or contamination by radioactivity from any nuclear fuel or from any nuclear waste from the combustion of nuclear fuel or the radioactive toxic explosive or other hazardous properties of any explosive nuclear assembly or nuclear component thereof. Asbestos arising out of or related in any way to asbestos or asbestos-containing materials on or in structures or services serving the structures. Naturally occurring materials arising from the presence or required removal of naturally occurring materials except in circumstances where such materials are present in concentrations which are in excess of their natural concentration. Intentional non-compliance arising from the intentional disregard of or knowing wilful or deliberate non-compliance by any owner or occupier of the Property Site with any statute, regulation, administrative complaint, notice of violation, or notice letter of any Regulatory Authority. Any condition which is known or ought reasonably to have been known to the First Purchaser or the First Purchaser's Lender prior to the purchase of the Report. Any condition which is caused by acts of War or an Act of Terrorism. Any property belonging to or in the custody or control of the First Purchaser which does not form a fixed part of the Property Site or the structure. Any fines liquidated damages punitive or exemplary damages. Any bodily injury including without limitation, death, illness or disease, mental injury, anguish or nervous shock. Any financial loss in respect of any loss of any rental, profit, revenue, savings or business or any consequential indirect or economic loss damage or expense including the cost of rent of temporary premises or business interruption. Any losses incurred following a material change in use of, alteration or development of the Property Site.
                       8. The maximum sum that shall be contributed by Landmark in respect of any Contribution shall be limited to £60,000. In the event that more than one Report is purchased on the Property Site the Contribution will only be payable under the first Report purchased by or on behalf of any First Purchaser or First Purchaser's Lender and no Contribution will be made in respect of subsequent Reports purchased by or on behalf of such First Purchaser, First Purchaser's Lender or any person connected to them.
                       9. Landmark shall only pay a Contribution where the Notice is served within 36 months of the date of the Report.
                       10. Any rights to a Contribution under this Clause 7 are not assignable in the event of a sale of the Property Site and Landmark will not make any Contribution after the date of completion of such sale.
                       11. In the event the First Purchaser or First Purchaser's Lender wishes to claim any Contribution, it shall notify Landmark in writing within 3 months of the date of the Notice. The First Purchaser or First Purchaser's Lender (as applicable) shall comply with all reasonable requirements of Landmark with regard to the commission and conduct of the remediation works to be carried out under the Notice, and in the event the First Purchaser or First Purchaser's Lender (as applicable) does not do so, including without limitation, obtaining Landmark's prior written consent to any estimates for such works or complying with any other reasonable request by Landmark, Landmark shall not be required to pay any Contribution. Notwithstanding the payment of the Contribution by Landmark the First Purchaser or First Purchaser's Lender as applicable shall take all reasonable steps to mitigate any costs incurred in connection with the conduct of works required under the terms of any Notice.
                       12. In the event that the First Purchaser or First Purchaser's Lender receives any communication from a statutory authority to the effect that there is an intent to serve a notice received under PartII(A) of the Environmental Protection Act 1990 they will advise Landmark within a maximum period of two months from receipt of such communication. This clause 7h and the service of any notice under it shall not affect the provisions of clauses 7 e and g, and any such communications, even if advised to Landmark will not operate as notice under clause 7e.
                       13. Landmark reserve the right at any time prior to a claim for Contribution being made in accordance with clause 7 g) above, to withdraw the offer of payment of Contributions without further notice. Events Beyond Our Control
                           1. You acknowledge that Landmark shall not be liable for any delay, interruption or failure in the provision of the Services which are caused or contributed to by any circumstance which is outside our reasonable control including but not limited to, lack of power, telecommunications failure or overload, computer malfunction, inaccurate processing of data, or delays in receiving, loading or checking data, corruption of data whilst in the course of conversion, geo-coding, processing by computer in the course of electronic communication, or printing. Severability
                              1. If any provision of these Terms are found by either a court or other competent authority to be void, invalid, illegal or unenforceable, that provision shall be deemed to be deleted from these Terms and never to have formed part of these Terms and the remaining provisions shall continue in full force and effect. Governing Law
                                 1. These terms shall be governed by and construed in accordance with English law and each party agrees irrevocably submit to the exclusive jurisdiction of the English courts If any dispute arises out of or in connection with this agreement (a "Dispute") the parties undertake that, prior to the commencement of Court proceedings, they will seek to have the Dispute resolved amicably by use of an alternative dispute resolution procedure acceptable to both parties with the assistance of the Centre for Dispute Resolution (CEDR) if required, by written notice initiating that procedure. If the Dispute has not been resolved to the satisfaction of either party within 60 days of initiation of the procedure or if either party fails or refuses to participate in or withdraws from participating in the procedure then either party may refer the Dispute to the Court. General;Complaints
                                    1. Landmark may assign its rights and obligations under these Terms without prior notice or any limitation.
                                    2. Landmark may authorise or allow our contractors and other third parties to provide to Landmark and/or to You services necessary or related to the Services and to perform Landmark's obligations and exercise Landmark's rights under these Terms, which may include collecting payment on Landmark's behalf.
                                    3. No waiver on Landmark's part to exercise, and no delay in exercising, any right, power or provision hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power or provision hereunder preclude the exercise of that or any other right, power or provision.
                                    4. Unless otherwise stated in these Terms, all notices from You to Landmark must be in writing and sent to the Landmark registered office (or in the case of an Authorised Reseller, to its registered office address) and subject to paragraph e below all notices from Landmark to You will be displayed on our Websites from time to time.
                                    5. Any complaints in relation to the Services should, in the first instance, be in writing addressed to the Customer Service Support Manager at the Landmark registered office. Landmark or its agents will respond to any such complaints in writing as soon as practicably possible.
                                    6. A person who is not a party to any contract made pursuant to these Terms shall have no right under the Contract (Right of Third Parties) Act 1999 to enforce any terms of such contract and Landmark shall not be liable to any such third party in respect of any Services supplied.
                                    7. Landmark's Privacy Policy as displayed on the Website governs the use made of any information You supply to Landmark.

Landmark Terms and Conditions

Map Data Export Terms and Conditions

Data Export Licence

• within your organisation;
• in reports and submissions by you while carrying out your internal business activities;
• on an internal network provided it is not accessible by any person outside your organisation;
• for publishing for display and promotion purposes, which means where the Data is published as a background to display information specific to your activities, or is published to promote public or commercial services, provided that there is no financial gain
• by your contractors and agents when undertaking any of the above activities for you, provided that you will
• still be responsible to Prodat or the Data Originator as applicable for the acts and omissions of the contractor and agent, and that, at the end of the contractor's or agent's use of the Data the contractor or agent returns the Data to you and destroys all copies.
• If you are ordering Data as a Consumer rather than an End User, the above provisions do not apply and you shall only be entitled to use the Data for your personal non-commercial purposes and shall make no other use of the Data whatsoever
• You may not delete any Data Originator's intellectual property protection notices (including without limitation copyright notices or trademarks from the Data.
• The Product shall only be used strictly in accordance with this Licence Agreement and not for any other purpose; nor shall any use of the Product be made that would or might be deemed to be disparaging to the Data Originators or any of them.

• immediately cease to use the Data;
• erase all Data from all media on which it is stored;
• purge the Data from all units; and
• within 30 days destroy all back-up or archived copies of the Data.

Aerial Photography Terms & Conditions

1. Definitions and interpretation

2. Basis of the sale

1. LANDMARK shall sell and the Buyer shall purchase the Products in accordance subject to these Conditions which shall govern the Contract to the exclusion of any other terms and conditions.
2. No variation of these Conditions shall be binding unless agreed in writing between the authorised representative of LANDMARK and the Buyer.
3. The Buyer shall only be entitled to use the Products in accordance with LANDMARK's/ their Licensor's specific instructions. The Buyer shall be entitled to use the Products for its internal business purposes and may supply the Products to its end user (where the supply is ancillary to the Buyer's principal business and the Buyer does not receive any direct payment for the use of such Product and the end user is obliged to keep the Product confidential and use it for internal business purposes or personal use only) , and shall not be entitled to resell or licence the Products or obtain any payment from any third party for use of the Products,. Use outside of LANDMARK's specific instructions will constitute an infringement of LANDMARK and its Licensor's intellectual property rights, and shall entitle LANDMARK or its Licensor to claim for damages.
4. Any samples, illustrations or descriptive material and other information contained in LANDMARK' brochures, advertising material or elsewhere shall not form part of the Contract and shall be treated as approximate and for guidance only unless specifically stated otherwise.

3. Orders and specifications

1. The Buyer shall be responsible to LANDMARK for ensuring the accuracy of the terms of any order (including any applicable specification guides/ cropping instructions/operating systems) submitted by the Buyer.
2. No order which has been accepted by LANDMARK may be cancelled by the Buyer except with the agreement in writing of LANDMARK and on terms that the Buyer shall indemnify LANDMARK in full against all loss (including loss of profit) costs (including the costs of all labour and materials used) damages, charges and expenses incurred by LANDMARK as a result of cancellation.

4. Price of the Products

1. The total price of the Products shall be LANDMARK's written quoted price.
2. The price is exclusive of any applicable Value Added Tax which the Buyer shall be additionally liable to pay to LANDMARK.

5. Payment terms

1. Prior to the Buyer ordering a Product, it shall establish an account with LANDMARK (who reserves the right to refuse to open an account or suspend access to an account at any time.) Charges for the Product shall accrue at the time the Buyer places an order for the Product.
2. LANDMARK shall invoice the Buyer in respect of all charges at the end of each month. All charges must be paid in full within 30 days of the invoice date.
3. The time of payment shall be of the essence of the Contract. All payments shall be made in full without deduction in respect of any set-off or counterclaim.
4. If the Buyer fails to make any payment on the due date then without prejudice to any other right or remedy available to LANDMARK, LANDMARK shall be entitled to:
   1. cancel the Contract or suspend any deliveries to the Buyer or suspend the Buyer's access to its account;
   2. appropriate any payment made by the Buyer to such of the Products (or the Products supplied under any other contract between the Buyer and LANDMARK) as LANDMARK may think fit (notwithstanding any purported appropriation by the Buyer); and
   3. charge the Buyer interest (both before and after any judgment) on the amount unpaid, at the rate of 4 per cent per annum over the base rate for the time being of National Westminster Bank PLC (such interest being deemed to accrue from day to day and being compounded on the last day of each calendar month) until payment is made.

6. Delivery

1. Delivery of the Products shall be by the Buyer accessing the Website, and or downloading the Product (where applicable).
2. Notwithstanding delivery of the Product, the Buyer acknowledges that it does not obtain any intellectual property rights in the Product, and that its use of the Product must be strictly in accordance with these terms and conditions.

7. Notification of Claims

1. Any claim which is based on any defect in the quality or condition of the Products or their failure to correspond with LANDMARK's specification shall be notified to LANDMARK within 7 days from the date of delivery or (where the defect or failure was not apparent on reasonable inspection) within 30 days from the date of delivery.
2. If the Buyer does not notify LANDMARK of any claim in accordance with the provisions of this Condition, the Buyer shall not be entitled to reject the Products and LANDMARK shall have no liability for such defects or failure, and the Buyer shall be bound to pay the price as if the Products had been delivered in accordance with the Contract.
3. The Buyer shall have no right to reject any Products on the grounds of variation of quality from the Buyer's order where defects do not result from the negligence of LANDMARK or where defects arise from the production of a national digital data set including but not limited to the following:
   1. Colour variances between hardcopy contact prints and corresponding digital data;
   2. Loss of image detail through compression of original Tiffs
   3. Visible colour balance and edge detail between production blocks produced by variations in manufacturers scanning settings or automated mosaicing software,
   4. duplications and omissions of detail and/or mismatch of detail or loss of scale arising from mosaicing of image tiles, or
   5. A mismatch to Land-Line, where Land-Line is not within the accuracy tolerances of 2m RMSE

8. Warranties and liability

1. LANDMARK warrants that the Products will correspond with their specification at the time of delivery (such specification to be as outlined on the Website).
2. The above warranty is given by LANDMARK subject to the following conditions:
3. LANDMARK shall be under no liability in respect of any defect arising from negligence, failure to follow LANDMARK's guidance (whether oral or in writing), misuse or alteration, of the Products without LANDMARK's approval;
4. LANDMARK shall be under no liability under the above warranty (or any other warranty, condition or guarantee) if the total price for the Products has not been paid by the due date for payment; and
5. Except in respect of injury to or death of any person LANDMARK aggregate liability for breach of contract, negligence or other default shall not exceed the value of the Product.
6. Subject as expressly provided in these Conditions all warranties conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
7. Where any valid claim in respect of any of the Products which is based on any defect in the quality or condition of the Products or their failure to meet specification is notified to LANDMARK in accordance with these Conditions, LANDMARK shall, at its sole discretion, replace the Products (or the part in question) free of charge or refund to the Buyer the price of the Products (or a proportionate part of the price) but LANDMARK shall have no further liability to the Buyer.
8. Except in respect of death or personal injury caused by LANDMARK's negligence, LANDMARK shall not be liable to the Buyer by reason of any representation (other than fraudulent misrepresentation) or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the Contract for any consequential loss or damage (whether for loss of profit or otherwise), costs, expenses, or other claim for consequential compensation whatsoever (and whether caused by the negligence of LANDMARK, its employees or agents or otherwise) which arises out of or in connection with the supply of the Products or their resale by the Buyer, except as expressly provided in these Conditions.

9. Force Majeure

1. LANDMARK shall not be liable to the Buyer or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of LANDMARK's obligations in relation to the Products, if the delay or failure was due to any cause beyond LANDMARK's reasonable control. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond LANDMARK's reasonable control:
   1. weather preventing the performance of any contract for the provision of services relating to aerial photography whether or not time is of the essence;
   2. Act of God, explosion, flood, tempest, fire or accident;
   3. strikes, lock-outs or other industrial actions or trade disputes (whether involving employees of LANDMARK or third parties);
   4. difficulties in obtaining raw materials, labour, fuel, parts or machinery;
   5. power failure or breakdown in machinery.
   6. overseas trade embargo.

10. Intellectual Property

1. Buyer acknowledges that the copyright and all other intellectual property rights contained in the Product, vest and remain vested in the Licensor.
2. LANDMARK is licensed the copyright in the Products.
3. The Buyer agrees that the Products may not be reproduced in any way save as permitted in these Conditions including without limitation any electronic or material reproduction except with the prior written consent of LANDMARK or where applicable its Licensor. Any reproductions must be marked with such notice as is required by the copyright owner, and notified to the Buyer by Landmark from time to time.
4. The Product does not, so far as LANDMARK or its licensors are aware, infringe any intellectual property rights of any third party but LANDMARK does not warrant or give any assurance to the Buyer that any Product does not infringe the intellectual property rights of any third party.
5. The Buyer is not permitted to use the information for the purpose of ortho-rectification of imagery data without prior permission from the Contractor. The Buyer may not reverse engineer, or alter the Product in any way.
6. The Buyer shall notify LANDMARK of any infringement of LANDMARK or its Licensor's intellectual property rights which the Buyer shall become aware

11. Indemnity

1. The Buyer shall indemnify and keep LANDMARK/ its Licensor indemnified against all costs, expenses, damages and demands incurred by LANDMARK in respect of:
   1. any alleged infringement of third party rights (including without limitation, those of LANDMARK's licensors) caused by any action of the Buyer;
   2. any liability arising as a result of the Buyer's use of the Products.

12. Insolvency

1. This Condition applies if:
   1. Either party makes any voluntary arrangement with its creditors or becomes subject to an administration order or (being an individual or firm) becomes bankrupt or (being a company) goes into liquidation (otherwise than for the purpose of a solvent amalgamation or reconstruction);
   2. an encumbrancer takes possession, or a receiver is appointed, over any of the property or assets of either party;
   3. either party ceases, or threatens to cease, to carry on business; or
   4. If either party reasonably apprehends that any or the events mentioned above is about to occur in relation to the other party and notifies the other party accordingly.
2. If this Condition applies then, without prejudice to any other right or remedy available to either party, either party shall be entitled to cancel the Contract. LANDMARK may suspend any further deliveries under the Contract without liability to the Buyer, and if the Products have been delivered but not paid for the price shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary.

13 General

1. Any notice to either party under these Conditions shall be in writing signed by or on behalf of the party giving it and shall, unless delivered to a party personally, be left at or sent by prepaid first class post, prepaid recorded delivery, or facsimile to the address of the party as notified in writing from time to time.
   1. Either party may, in whole or in part, release, compound, compromise, waive or postpone, in its absolute discretion, any liability owed to it or right granted to it under the Contract by the other party without in any way prejudicing or affecting its rights in respect of any other liability or right not so released, compounded, compromised, waived or postponed.
   2. No single or partial exercise or failure or delay in exercising any right, power or remedy by either party shall constitute a waiver by that party of, or impair or preclude any further exercise of that or any right, power or remedy arising under the Contract or otherwise.
2. To the extent that any provision of these Conditions is found by any court or competent authority to be invalid, unlawful or unenforceable in any jurisdiction, that provision shall be deemed not to be a part of these Conditions, it shall not affect the enforceability of the remainder of these Conditions nor shall it affect the validity, lawfulness or enforceability of that provision in any other jurisdiction.
3. Any reference in these Conditions to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time.
4. The headings in these Conditions are for convenience only and shall not affect their interpretation.

14. Governing law and jurisdiction

1. These Conditions shall be governed by and construed in accordance with English law.
2. Each of the parties irrevocably submits for all purposes in connection with these Conditions to the exclusive jurisdiction of the courts of England
3. Nothing in these terms and conditions shall confer any benefit nor the right to enforce any term of these Conditions on any third party.

Historical Mapping Terms & Conditions

Landmark Terms & Conditions

Definitions

1. Terms & Conditions

1. These Terms govern the relationship between You and Landmark whether You are an unregistered visitor to the Website or a registered Member purchasing Landmark products or Services from Landmark.
2. Where these Terms are not expressly accepted by You they will be deemed to have been accepted by You, and You agree to be bound by these Terms when You place any Order, or pay for any Services provided or Reports ordered.
3. If the person communicating with Landmark is an Authorised Reseller, they must ensure that You agree to these Terms.
4. The headings in these Terms are for convenience only and shall not affect the meaning or interpretation of any part of these Terms.
5. We may modify these Terms, and may discontinue or revise any or all other aspects of the Services at our sole discretion, with immediate effect and without prior notice. Any amendment or variation to these Terms shall be posted on our Websites. Continued use of the Services by You shall be deemed an acceptance by You to be bound by any such amendments to the Terms.
6. Landmark reserves the right to refuse to supply Services to You or any other potential client without notice or reason.

2. Reports

1. The information and data supplied in the Services are derived from publicly available records and other third party sources and Landmark does not warrant the accuracy or completeness of such information or data; and
2. The information and data supplied in the Services are derived solely from those sources specifically cited in the Report Landmark does not claim that these sources represent an exhaustive or comprehensive list of all sources that might be consulted; and
3. Landmark does not guarantee that all past or current land uses or features will be identified in the Report; and
4. The Services provided by Landmark are professional business to business services and not intended for use or interpretation by persons other than professional persons skilled in the use of property and environmental information; and
5. Landmark shall not be responsible for error or corruption in the Report resulting from inaccuracy or omission in primary or secondary information and data, inaccurate processing of information and data by third parties, computer malfunction or corruption of data whilst in the course of conversion, geo-coding, processing by computer or electronic means, or in the course of transmission by telephone or other communication link, or printing.
6. Landmark reserves the right, without limitation, to change the Reports or Services on offer at any time.

3. Intellectual Property

1. You acknowledge that all Intellectual Property Rights in the Report and Services are and shall remain owned by either Landmark or our Suppliers and nothing in these Terms purports to transfer, assign or grant any rights to You in respect of the Intellectual Property Rights.
2. Subject to clause 6.f, You are entitled to make the following use of the Services and Reports subject always to these Terms and You may, without further charge, make the Report or Services available to;
   1. any person who purchases the whole of the Property Site,
   2. any person who provides funding secured on the whole of the Property Site,
   3. any person for whom You act in a professional or commercial capacity, and
   4. any person who acts for You in a professional or commercial capacity.
   Accordingly Landmark shall have the same duties and obligations to those persons in respect of the Services as it has to You.
3. Each of those persons referred to in clause 3.b. shall have the benefit and the burden of Your rights and obligations under these Terms. The limitations of Landmark's liability as set out in clause 6 shall apply.
4. The Report is to be used solely for the benefit of You and Your Client and such persons as are set out in clause 3.b, and Landmark excludes all liability to all other persons unless Landmark has expressly agreed in writing to the assignment of the benefit of the Report and has been paid Landmark's reasonable fees for so doing.
5. All parties given access to the Services agree that they will treat as strictly private and confidential the Services and all information which they obtain from the Services and shall restrict any disclosure to employees or professional advisors to enable the relevant party to conduct its internal business. The requirement in this clause to treat the Services as confidential shall include a requirement to maintain adequate security measures to safeguard the Services from unauthorised access, use or copying.
6. Each recipient of the Services agrees (and agrees it will cause its employees, agents or contractors who may from time to time have access to the Services to agree) it will not, except as permitted herein or by separate agreement with Landmark:-
1. effect or attempt to effect any modification, merger or change to the Service, nor permit any other person to do so; or
2. copy, use, market, re-sell, distribute, merge, alter, add to or carry on any redistribution, reproduction, translation, publication, reduction to any electronic medium or machine readable form or commercially exploit or in any other way deal with or utilise or (except as expressly permitted by applicable law) reverse engineer, decompile or disassemble the Services, Reports, Content or Website; or
3. remove, alter or in any way change any trademark or proprietary marking in any element of the Services and You acknowledge the ownership of the Content is as per this clause, where such Content is incorporated or used into Your own documents, reports, systems or services whether or not these are supplied to any third party.
4. create any product which is derived directly or indirectly from the data contained in the Services
7. You shall acknowledge the ownership of the Content where such is incorporated into Your own documents, reports, systems or services whether or not these are supplied to any third party.
8. You are permitted to make five copies of any Report, but are not authorised to re-sell the Report, any part thereof or any copy thereof unless you are an Authorised Reseller. Further copies may not be made in whole or in part without the prior written permission of Landmark who shall be entitled to make a charge for each additional copy.
9. You hereby agree to fully indemnify Landmark against any claim losses or other damages suffered by Landmark as a result any breach by any recipient of the Services of these Terms.
10. You agree that You will comply with any reasonable instructions that We may give from time to time with regard to the use of the Intellectual Property Rights, including but not limited to acknowledging that the Services and Reports are confidential to You, Your Client or the persons set out in clause 3.b.
11. The mapping contained in any Services is protected by Crown Copyright and must not be used for any purpose outside the context of the Services or as specifically provided by these Terms.

4. Charges

1. Landmark may grant You a credit limit in order to allow You to transact with it or set up an Account and reserves the right to withdraw any such credit limit at any time without prior notice.
2. You are fully responsible for all charges that accumulate on Your Account.
3. VAT at the prevailing rate shall be payable in addition to the Landmark Fees. You shall pay any other applicable indirect taxes related to Your use of the Services.
4. An individual or a monthly invoice showing all Orders created will be generated subject to these Terms. You will pay the Landmark Fees at the rates set out in Landmark's or its Authorised Reseller's invoice. The Landmark Fees are payable in full within 28 days without deduction, counterclaim or set off. You acknowledge that time is of the essence with respect to the payment of such invoices. Non-payment of Landmark Fees may, at Our sole discretion result in Landmark terminating or limiting the use of Your Account and its provision of Services to You. Landmark reserve the right to amend the Landmark Fees from time to time and the Services will be charged at the Landmark Fee applicable at the date on which the Service is ordered.
5. We may charge interest on late payment at a rate equal to 8% per annum above the base lending rate of National Westminster Bank plc.
6. Landmark or its Authorised Reseller shall not be obliged to invoice any party other than You for the provision of Services, but where Landmark or its Authorised Reseller does so invoice any third party at Your request, and such invoice is not accepted or remains unpaid, Landmark or its Authorised Reseller shall have the option at any time to cancel such invoice and invoice You direct for such Services. Where Your order comprises a number of Services or severable elements within any one or more Services, any failure by Landmark or its Authorised Reseller to provide an element or elements of the Services shall not prejudice Landmark's or its Authorised Reseller's ability to require payment in respect of the Services delivered to You.

5. Termination

1. Landmark may suspend or terminate Your rights under these Terms without any liability to You with immediate effect if at any time:-
1. You fail to make any payment due in accordance with clause 4;
2. You repeatedly breach or commit or cause to be committed any material breach of these Terms; or
3. You commit a breach and You fail to remedy the breach within 7 days of receipt of a written notice to do so Landmark may remedy the breach and recover the costs thereof from You; or
4. You commit an act of bankruptcy or insolvency, are unable to pay Your debts as or when they fall due or make any composition or arrangement with Your creditors, or go into liquidation whether voluntary or compulsory, or if any order is made or a resolution is passed for Your winding up (except for the purpose of a solvent amalgamation or reconstruction), or if You cease or prepare to cease trading, or if You suffer the appointment of a receiver, administrative receiver, administrator or similar officer over the whole or part of any of Your assets.
2. If Your rights are terminated under this clause and You have made an advance payment We will refund You a reasonable proportion of the balance as determined by Us in relation to the value of Services previously purchased.
3. We may suspend the Agreement between You and Landmark for an indefinite period without notice and at any time if in Our opinion You are in breach of any of the provisions of these Terms.

6. Liability

1. We provide warranties and accept liability only to the extent stated in this clause 6.
2. Nothing in these Terms excludes either party's liability for death or personal injury caused by that party's negligence or wilful default.
3. As most of the information contained in the Services is provided to Landmark by others, Landmark cannot control its accuracy or completeness, nor is it within the scope of Landmark's Services to check the information on the ground. Accordingly, subject to clause 6b, Landmark will only be liable to You for any loss or damage caused by its negligence or wilful default and neither Landmark nor any person providing information contained in any Services shall in any other circumstances be liable for any inaccuracies, faults or omissions in the Services nor shall Landmark have any liability if the Services are used otherwise than in accordance with these Terms.
4. Save as precluded by law, Landmark shall not be liable for any indirect or consequential loss, damage or expenses (including loss of profits, loss of contracts, business or goodwill) howsoever arising out of any problem, event, action or default by Landmark or any indirect or consequential loss of any nature whatsoever or for any physical damage to or loss of Your tangible property, any other direct loss, damage, cost or expense of any kind or any indirect or consequential loss, damage, cost or expense of any kind, whether any of the above arise under contract, tort (including negligence), an indemnity or contribution or otherwise.
5. In any event, and notwithstanding anything contained in these Terms, Landmark's liability in contract, tort (including negligence or breach of statutory duty) or otherwise howsoever arising by reason or in connection with this Contract (except in relation to death or personal injury) shall be limited to an aggregate amount not exceeding £1 million if the complaint is in relation to a Report on residential property and an amount not exceeding £10 million in respect of any other Report or Service purchased from Landmark except in so far as Landmark will not be liable for any defect, failure or omission relating to Services that is not notified to Landmark within six months of the date of the issue becoming apparent and in any event, within one year of the date of the Report if the complaint is in relation to a Report on residential property and within six years of the date of the Report in respect of any other Report or Service. Where any claim relates to either a part of the Services that is not chargeable or if You have been in breach of any part of these Terms Landmark's liability shall be limited to £1,000
6. No person may rely on the Report more than 12 months after its original date.
7. You acknowledge that:-
1. You shall have no claim or recourse against any Third Party Content supplier nor any of our other Suppliers. You will not in any way hold us responsible for any selection or retention of, or the acts of omissions of Third Party Content suppliers or other Suppliers (including those with whom We have contracted to operate various aspects or parts of the Service) in connection with the Services (for the avoidance of doubt Landmark is not a Third Party Content supplier). Landmark does not promise that the supply of the Services will be uninterrupted or error free or provide any particular facilities or functions, or that the Content will always be complete, accurate, precise, free from defects of any other kind, computer viruses, software locks or other similar code although Landmark will use reasonable efforts to correct any inaccuracies within a reasonable period of them becoming known to us;
2. Landmark's only obligation is to exercise the reasonable skill and care in providing environmental property risk information to persons acting in a professional or commercial capacity and You hereby acknowledge that You are such a pe