Terms of Use

ATTENTION: These Terms of Use set out important information regarding your rights and obligations and the restrictions that may apply when you use this Website (defined below). We recommend that you read these Terms of Use carefully before using this Website. By accessing and continuing to use this Website, you accept these terms regardless of whether or not you choose to register with us for any particular product or services. If you do not agree with these terms, do not use this Website.

1: Introduction

1.1 These Terms of Use govern the relationship between you and Landmark Information Group Limited when you access and use the website at www.promap.co.uk (the "Website"). Any reference to "you" or "your" means you as a user of the Website. Any reference to "we", "us", "our", is to Landmark Information Group Limited, registered in England and Wales under 2849560, with its registered office at 5-7 Abbey Court, Eagle Way, Sowton, Exeter, Devon. EX2 7HY. Our VAT Registration number is 656 8239 00. For our contact details, please see the end of these Terms of Use.
1.2 By accessing and continuing to use any part of this Website, you agree to be legally bound by these Terms of Use. If you do not agree with any of these Terms of Use, then you must not use the Website. 
1.3 Please note that we may update and amend these Terms of Use from time to time and any changes will be posted on the Website. However, it is your responsibility to ensure that you review these Terms of Use regularly to familiarise yourself with any changes. We will not file or store a copy of these Terms of Use for each interaction or transaction by you via the Website. 
1.4 You may be asked to agree to further terms and conditions in relation to the sale and/or use of specific services and/or products. If there is any inconsistency between these Terms of Use and any such terms and conditions, the latter terms and conditions shall prevail.

2: Intellectual Property

2.1 You acknowledge and agree that, unless otherwise stated, the copyright and other intellectual property rights in all material on this Website (including without limitation photographs, data and graphical images) are owned by us or our licensors.
2.2 You are permitted to print and download extracts from, or otherwise use the content of, this Website only for your own personal use if you are an individual or for internal business purposes if you are a commercial organisation (including without limitation, sole trader, partnership or limited company) provided always that:

i. no documents or related graphics on this Website are modified in any way;
ii. no graphics on this Website are used separately from accompanying text; 
iii. our copyright and trade mark notices and this permission notice appear in all copies; and
iv. no part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission.

2.3 No other copying, printing or downloading of this Website or any extract from it, shall be permitted without our prior written consent.
2.4 The names, images and logos identifying us, companies in the Landmark group, our partners or third parties and our/their products and/or services contained in or sold via the Website are proprietary marks and may not be reproduced or otherwise used without express permission.
2.5 Unless otherwise provided in these Terms of Use, all information contained on this site is subject to copyright. Any reproduction, duplication, copying, sale or resale or exploitation for commercial purposes of any information held on or accessed via this site is expressly prohibited. We have no responsibility for the timeliness, deletion or mis-delivery of any information or user communications.

3: Restrictions

3.1 You agree that you will not use the Website in any way that may lead to the encouragement, procurement or carrying out if any criminal or unlawful activity or do anything that may cause damage to the Website or our servers, systems or equipment or those of third parties, nor access any users' data or penetrate or circumvent any Website security measures or attempt to do any such acts.
3.2 You agree not to give any indication that you have any commercial relationship with us, or that you are our agent or that we have endorsed any of your activities.
3.3 You accept that you are able stop using the Website at any time and at your sole discretion. We reserve the right to suspend, restrict or terminate your access to the Website or any part of it at any time at our sole discretion. 
3.4 We may also ban or suspend you as a user of the Website if you do not comply with these Terms of Use and, in such an event, your permission to use this Website shall terminate and you must immediately destroy any downloaded or printed extracts from this Website.

4: Website Availability

4.1 While we endeavour to ensure that this Website is normally available 24 hours a day, we cannot promise that our Website will be free from errors or omissions nor that it will be available uninterrupted and in a fully operating condition. The Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons reasonably beyond our control. We will not be liable to you or to any other person in the event that all or any part of the Website is discontinued, modified or changed in any way. 
4.2 We shall not be liable for any failure, any suspension or any termination of access to the Website in connection with or arising out of a force majeure event. In these Terms of Use, a "force majeure" event shall include, without limitation, strikes, lock-outs or other industrial disputes, nuclear accident or acts of God, war or terrorist activity, riot, civil commotion, malicious damage, compliance with any law or government order, rule regulation or direction, accident or breakdown of plant or machinery, interruption or failure in communications networks and facilities (including the internet), fire, flood, storm or default of suppliers, and where they are beyond our reasonable control, any other acts, events, omissions or accidents.

5: Visitor Material And Conduct

5.1 If you wish to submit any material to us or upload any content on the Website where the Website functionality allows for this ("Visitor Material"), you agree that any such material, is subject to the following additional terms. 
5.2 You promise that you are the original owner of the rights in any Visitor Material or you have the necessary licences, rights, consents, and permissions to authorise us to use the Visitor Material. In particular, you promise that you have obtained the permission of all of the people featured or referred to in the Visitor Material for our use of the Visitor Material in accordance with these Terms of Use. You agree to give us evidence of all such licences, rights, consents, and permissions if so requested by us. You acknowledge that the contents of any Visitor Material other than personal data will be considered non-confidential.
5.3 By providing Visitor Material, you grant us a worldwide, perpetual, non-exclusive, royalty-free and transferable licence (with the right to sub-license) to use, edit, reproduce, record, modify, translate, distribute, play, perform, make available to the other users of the Website or our other services, prepare derivative works of and to display Visitor Material by any medium or method whether now known or later developed to be exercised in our sole discretion throughout the world for the full term of copyright and other rights and all renewable and extension thereof including, for the avoidance of doubt, the right to register any design rights and/or trademarks. You agree to waive your moral rights in your Visitor Material.

5.4 We may accept your Visitor Material, modify your Visitor Material, or refuse to use or display (as applicable) your Visitor Material at any time in our sole and absolute discretion. We may also withdraw your Visitor Material and/or suspend, restrict and/or terminate access to the Website and/or the services provided under these Terms of Use immediately without notice to you for any reason, including, without limitation, where we suspect your Visitor Material to be in any way defamatory, obscene, unlawful, harmful, offensive, inappropriate or to infringe the rights of a third party. We have no obligation to modify or remove any inappropriate, offensive or unlawful content.
5.5 We advise that you never reveal via the Website any personal information about yourself or anyone else (for example: telephone number, home address or email address). You are entirely responsible for maintaining the confidentiality of your details when using our Website.
5.6 You are responsible for the contents of any Visitor Material you may provide and the consequences arising from its use on our Website. You are prohibited from posting or transmitting to or from this Website any material:

i. that is harmful, inappropriate, threatening, abusive or hateful defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or
ii. for which you have not obtained all necessary licences and/or approvals; or
iii. which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country in the world; or
iv. which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).

5.7 We shall fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of paragraph 5.6.

6: Links To And From Other Websites

6.1 Links to other third party websites on this Website are provided solely for ease of reference and your convenience. If you use these links, you leave this Website. We have not reviewed these third party websites and we do not have any control over, nor are we responsible for, these websites or their content or availability or for the products or services that such third parties may offer. We do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk. We give no promises or guarantees as to the availability or operation of the links and we shall not be liable for any broken or incorrectly operating link.
6.2 You are not permitted to create links to this Website. Should you wish to link to this Website (whether by way of a hypertext link or framed content), please contact us. Creation of any link shall be subject to such terms as we may notify from time to time and we reserve the right at any time for any reason to require you to remove or disable any link. 
6.3 We expressly reserve the right to revoke any right granted in paragraph 6.2 for any breach of these Terms of Use.

7: Registration

7.1 You may be required to register your details and/or open an account to access some areas of the Website or order any products or services. Submission of the registration form shall be deemed acceptance of these Terms of Use and (in the case of submission of any order form, the relevant terms applicable to the product or service ordered). You undertake to complete the registration form fully, and that all information provided is up to date, true, accurate and complete. We reserve the right to suspend or terminate your access to the Website or block your ability to place orders in the event of any breach of this condition. 
7.2 Each registration is for a single user only. We do not permit you to share your user name and password with any other person nor with multiple users on a network.
7.3 It is your sole responsibility to maintain the confidentiality of your password and that you are responsible for all activity that occurs under your user name and password. We will not be liable where your password is used by someone else. You should notify us immediately of any unauthorised use of your password and any breach of security as soon as you become aware of it.

8: Disclaimer

8.1 While we endeavour to ensure that the information on this Website is correct, we make no promise nor do we give any warranty or guarantee regarding the accuracy and completeness of the material on this Website. We may make changes to the material on this Website, or to the products and prices described in it, at any time without notice. The material on this Website may be out of date, and we give no commitment to update such material.
8.2 The material on this Website is provided "as is", without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with this Website on the basis that all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for this legal notice might have effect in relation to this Website are excluded. This does not affect your statutory rights.

9: Our Liability

9.1 Nothing in these Terms of Use shall:

9.1.1 restrict your statutory rights (including your rights to receive a reasonable standard of service, more details about which can be obtained from your local Trading Standards Office or Citizen's Advice Bureau); or
9.1.2 limit our liability for death or personal injury resulting from our negligence or for fraud.

9.2 We shall not be liable for any damage or loss caused to you where such damage or loss is not reasonably foreseeable to you and us when you agree to these Terms of Use (which occurs automatically when you access and continue to use the Website), including where the damage or loss results from our breach of these Terms of Use.
9.3 We shall not be, nor shall any authors be, held liable for and damage or loss that you incur arising from errors or omissions in information provided or for technical problems encountered on the Website or any other websites to which links are established.
9.4 We shall not be held liable for any loss or damage that you incur as a result of any interpretation that you make of information presented on the Website.
9.5 We do not accept any liability for damage to your computer or for any loss of data that results from your use of the Website and we cannot guarantee that any files that you download are free from viruses, contamination or destructive features or for any problems or inadequacies with your computer, software, email system, internet facilities, or equipment.

10: Privacy

Please read our Privacy Policy posted on our Website which contains important information about the use of your personal data and other information regarding your privacy.

11: Severance

If any provision of these Terms of Use shall be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other provisions of these Terms of Use which shall remain in full force and effect.

12: Contact Details

You can email us with any questions, queries or complaints at:customerservice@promap.co.uk.

13: Governing Law And Jurisdiction

13.1 These Terms of Use are available in English only and shall be governed by and construed in accordance with English law. Disputes arising in connection with these Terms of Use shall be subject to the exclusive jurisdiction of the English courts. 
13.2 This Website is based in England and is intended for users in the United Kingdom. We make no representations that the materials and Website are suitable for users outside the United Kingdom, and if you choose to access the Website from outside of the United Kingdom you are solely responsible for ensuring compliance with all relevant local laws.

These Terms of Use were last updated on: 01/06/2013