Terms and Conditions

DEFINITIONS:

In these Terms & Conditions, the following terms have the following meanings:

"Customer" shall mean the person, company, firm or other legal body placing an order for the Products.

"Data Originator" means all or any of Prodat, Landmark, Ordnance Survey and suppliers or licensors of software or data from time to time comprised in the Product.

"Landmark" shall mean Landmark Information Group, of 7 Abbey Court, Eagle Way, Sowton, Exeter, EX2 7HY registered in England under no. 2892803.

"Prodat" means Prodat Systems Plc, trading as Landmark Information Group Ltd of The Smith Centre, Fairmile, Henley-on-Thames, Oxon, RG9 6AB registered in England under no. 2849560.

"The Product" means any data or information more particularly specified in GoView's price list (currently http://www.goview.co.uk/goview/faq.jsp)

"Plot" shall mean the site(s) or location(s) that is the subject of the Product.

"End User" shall mean the user of the printed output.

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.
   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 here) 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.
   4. Prodat reserves the right to refuse any Order submitted by a Customer, which contains incomplete or conflicting information. Any costs already incurred by Prodat in connection with such order prior to refusal shall be borne in full by the Customer.
   
   
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 Site nor should it be used or taken to indicate or exclude actual suitability or unsuitability of the Site 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 the data provided at any time and does not give any warranty regarding the completeness or accuracy of any data provided as part of any Product.
      8. In relation to the provision by Prodat of the EPC Image Generator software ('the EPC Image Generator'), the Customer acknowledges the following:
         1. the EPC Image Generator is for the Customer's internal use only and the Customer shall not provide access to the EPC Image Generator to any third party and shall comply with all reasonable directions with regard to the use and security arrangements in connection with the EPC Image Generator, including without limitation all applicable legislation with regard to the provision and use of EPC data and information;
         2. the Customer is solely responsible for ensuring that it has full right and entitlement to use the data that it inputs to the EPC Image Generator and in connection with the graphs and data generated and used by the Customer in connection with the use of the EPC Image Generator and shall indemnify Prodat without limitation against any claim that it was not so authorised;
         3. that the Customer is solely responsible for the accuracy of the data that it inputs to the EPC Image Generator and acknowledges that the EPC Image Generator is an automated function based on the data input by the Customer and accordingly Prodat shall under no circumstances be liable for any inaccurate or incomplete information arising as a result of the use of the EPC Image Generator by the Customer.
   
   
3. Liability:
   
   
   1. 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 an inexpensive report of this kind 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. Prodat shall not be liable to the Customer for loss of profits; or loss of contracts; (or 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.
   
   
4. Copyright & Confidentiality:
   
   
   1. The Customer acknowledges that the copyright, 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 4.8, 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 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;
      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 data with or incorporate such Product data 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.
      
      
   5. The Customer acknowledges that the Product is confidential and it is intended for personal use of the Customer only.
   6. 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 such mapping is copyright such Data Originator and must not be used for any purpose outside the context of the Product.
   7. Subject to clause 4.6 and 4.8 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.
   8. The Customer is permitted to produce printed output from GoView for resale to End Users for such End User's personal use.
   9. 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.
   10. The Customer acknowledges that the Product is not intended to provide views only, and in the event that the Customer views the Product but does not proceed with the export (or download) of Product on more than 10 separate occasions, Prodat shall be entitled to suspend the Customer's access to the Product and or terminate the Customer's entitlement to use the Product.
   
   
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 (ENTER URL)) 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.
   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 Product to a Customer.
   5. Prodat may, at any time and at its sole discretion suspend or terminate the Customer's access to the Products. In the event that such action is taken, Prodat shall not incur any liability to the Customer whatsoever.
   6. 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.
   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.
   9. Prodat reserves the right to monitor or record telephone calls for training purposes.
   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. 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 Ordnance Survey may enforce any of these terms and conditions against the Customer in accordance with the Contracts (Rights of Third Parties) Act 1999.