Terms and Conditions
Please read these terms and conditions carefully, they contain important information about your rights and obligations.
Introduction
Please
read these terms and conditions carefully before using the web site operated by www.old-maps.co.uk (Old-Maps, we or us). In
particular, we draw your attention to clauses (Applicability of online materials) and (Liability).
Without prejudice to the above, by using or accessing our web site, www.old-maps.co.uk (the web site) you agree to be legally bound by
these terms and conditions of use as they apply to your use of or access to our
web site.? If you do not wish to be bound by these terms and conditions then
you may not use our web site and must disconnect immediately.
Nature of our Website
Our
web site is a place for you to view, select and order historical mapping
jointly owned by Old-Maps and Ordnance Survey (the products). Our web site
describes the products in more detail.
Please note that the contents of our web site are aimed at users aged 18 and
above, and you must be over 18 years to purchase the products, using the
payment method displayed on our web site
Purchasing Products on our Website
To order a product you will need to follow the ordering procedures set out on
our order page. Details of our prices for the products and the procedures for
payment and delivery are displayed on our web site. Each order for the products
is deemed to be an offer by you to purchase subject to these conditions.
Any times or dates stated on our web site for delivery are estimates only and
time for delivery shall not be of the essence. Old-Maps will make all
reasonable efforts to deliver the products within the time specified, but does
not accept liability for any failure to deliver within that time, nor will any
delay entitle you to terminate or rescind the order unless the delay exceeds
180 days.
You must pay by credit [or debit] card at the time of order. The price of any
product is the price in force at the date and time of your order and will be
subject to VAT at the prevailing rate. VAT is included in all listed pricing
unless otherwise stated.? We may change the price of any product before you
place an order. We try to ensure that our prices displayed on our web site are
accurate but the price on your order will need to be validated by us as part of
the acceptance procedure. We will inform you if a
product's correct price is higher than that stated in your order and you may
cancel the order and decide whether or not to order the product at the correct
price. [Please note that the payment transaction is processed on our behalf by
a third party and you will leave our web site in order to complete your
transaction and make payment. Terms relating to payment and liability are to be
found on the third party's web site. ?Such third party uses secure server
technology, but Old-Maps does not warrant in any way the security of such
service and in using the service you agree you will not hold Old-Maps liable
for any loss caused. All use of such service is at your own risk.]
Old-Maps are entitled to refuse any order placed by you. If your order is
accepted, we will confirm acceptance to you by online electronic means
(Confirmation) to the email address you have given us on registration or on
ordering. The order will then be fulfilled by the date set out in the
Confirmation or, if the Confirmation does not contain such a date, within 30
days. You must ensure the confirmation is accurate and contact us if not.
You undertake that all details you provide to us for the purpose of purchasing
products which may be offered by us on our web site will be correct, that the
credit or debit card, or any electronic cash, which you use is your own and
that there are sufficient funds or credit facilities to cover the cost of any
products. We reserve the right to obtain validation of your credit or debit card
details before providing you with any products.
If for any reason you will not accept delivery of any of the products when they
are ready for delivery, or we are unable to deliver the products on time
because you have not provided appropriate instructions, documents, licence's or
authorisations:
• Risk in the products will pass to you (including for loss or damage caused by our negligence);
• The products will be deemed to have been delivered; and
• We may store the products until delivery whereupon you will be liable for all related costs and expenses (including, without limitation, storage and insurance).
• Ownership of the products shall not pass to you until we have received in full (in cash or cleared funds) all sums due to us in respect of the products.
• No payment shall be deemed to have been received until we have received cleared funds.
• You shall make all payments due without any deduction whether by way of set-off, counterclaim, discount, abatement or otherwise unless you have a valid court order requiring an amount equal to such deduction to be paid by Old-Maps to you.
•
If you fail to pay us any sum due you will be liable to pay
interest to us on such sum from the due date for payment at the annual rate of
3% above the base lending rate from time to time of Barclays Bank plc, accruing
on a daily basis until payment is made, whether before or after any judgment.
We reserve the right to claim interest under the Late Payment of Commercial
Debts (Interest) Act 1998).
Cancellations or Returns
As you have provided specific information with regard to the co-ordinates of the area to be featured on the product and other options available in relation to the ordering of the product, the product is considered to be to your specification and as such is exempt from any right to cancel unless the product is defective. We therefore recommend you consider carefully prior to placing an order if:
• The product delivered is not what you ordered or does not correspond with its description; or
• The product delivered is not of a satisfactory quality
Old-Maps
will, at its option, deliver to you a replacement product or refund to you the
price paid and your reasonable costs of returning the products.
If you have any complaints, you should direct them to us via email at info@old-maps.co.uk or by post at Old-Maps, 5-7 Abbey Court, Eagle
Way, Sowton Industrial Estate, Exeter, Devon, EX2 7HY.
Modifications to our Website
We reserve the right to alter, suspend or discontinue any aspect of our web
site or the content or services available through it, including your access to
it. Unless explicitly stated any new features including new content and/or the
sale of new products and/or the release of new software tools or resources
shall be subject to these terms and conditions.
Information You Provide Us
The following applies to any information you provide to us, for example during
any registration or ordering process:
You authorise us to use, store or otherwise process any personal information
which relates to and identifies you, including but not limited to your name and
address, to the extent reasonably necessary to provide the services which are
available through our web site by us or our sub-contractors. If you obtain or
choose to buy products through our web site then we may collect information
about your buying behaviour and if you send us personal correspondence such
e-mails or letters then we may collect this information into a file specific to
you (together, the various purposes set out in this paragraph and in our
privacy policy shall be known as the Purposes). All such information collected
by us shall be referred to in these terms and conditions as Personal Information.
You must ensure that the Personal Information you provide is accurate and
complete and that all ordering or registration details (where applicable)
contain your correct name, address and other requested details. For more
information about how we deal with your Personal Information, please read our
privacy policy.
By accepting these terms and conditions, you agree to the processing and
disclosure of the Personal Information for the Purposes. You also agree that
the Purposes may be amended to include other uses or disclosures of Personal
Information following modification to you by means of a notice on our web site,
which you should check regularly. If you would like to review or modify any
part of your Personal Information then you should contact us
You acknowledge we have no obligation to continually monitor the web site and
shall have no liability for any information posted by anyone other than us. You
should notify us immediately if you see anything on the web site which you
consider inappropriate and we will remove it once it has been brought to our
attention and if we accept it is not suitable but we shall not be required to
take any other action nor shall we be in any way liable for any such material.
Security
You are solely responsible in all respects for all use of and for protecting
the confidentiality of any username and password that may be given to you or
selected by you for use on our web site.? You may not share these with or
transfer them to any third parties. You must notify Old-Maps immediately of any unauthorised use of them or
any other breach of security regarding our web site that comes to your
attention.
Applicability of Online Materials
Unless otherwise specified the materials published on our web site are
presented solely for your private, personal and non-commercial use.
Our web site is controlled and operated by us from our offices in Exeter,
Devon, England. Where content published on the web site is supplied by third
parties, you understand that we do not control or endorse their contents in any
way. All content which is offered by third parties that are not affiliated with
or otherwise connected with us, is published in good faith but we do not (to
the extent permitted by applicable law) accept responsibility for the accuracy
or otherwise of such content (whether published on or off-line) and the use of
such content. You assume total responsibility and risk for your use of our web
site and use of all information contained within it.
We have used all reasonable endeavours to ensure that our web site complies
with English law. However, we make no representations that the materials on our
web site are appropriate or available for use in locations outside the United
Kingdom and if you choose to access the web site from outside the United
Kingdom you are solely responsible for ensuring compliance with all local laws,
including those relating to the sale, purchase and import of the products,
including without limitation paying all applicable taxes in connection with the
same and you hereby indemnify us from any liability arising in connection with
your use and access to the web site
Old-Maps makes no warranties, express or implied that making
the products available in any particular jurisdiction outside the UK is
permitted under any applicable non-UK laws or regulations. Accordingly, if
making the products or any part available in your jurisdiction or to you (by
reason of nationality, residence or otherwise) is prohibited, those products
are not offered for sale to you. You accept that if you are resident outside
the UK, you must satisfy yourself that you are lawfully able to purchase the
products. Old-Maps accepts
no liability, to the extent permitted by applicable law, for any costs, losses
or damages resulting from or related to the purchase or attempted purchase of
the products by persons in jurisdictions outside the UK or who are nominees of
or trustees for citizens, residents or nationals of other countries.
Copyright and Monitoring
The contents of our web site are protected by international
copyright laws, database rights and other intellectual property rights. The
owner of these rights is Old-Maps or other
third party licensors. All products and company names and logos mentioned in
our web site are the trademarks, service marks or trading names of their
respective owners, including us. You may download material from our web site
for the sole purpose of placing an order with Old-Maps but, subject to clause below, may not reproduce,
republish, upload, post, transmit or distribute, by any means or in any manner,
any material or information on or downloaded from our web site including but
not limited to text, graphics, code and/or software without our prior written
consent, except where expressly invited to do so, for example in order to
complete any test or questionnaire.
Any reproduction, duplication, copying, sale or resale or exploitation for
commercial purposes of any information held on or accessed via the web site,
including without limitation the products is expressly prohibited.
In the event you seek to make any commercial use of the web site or the
products in breach of clause 9.2 above, Old-Maps may forthwith:
• Refuse to supply you with any further products
• Restrict or deny your access to the web site
•
Take action against you for damages including, if relevant,
an account of profits.
Linked Sites
Old-Maps make no representations whatsoever about any other web sites which you
may access through our web site or which may link to our web site When you
access any other web site you understand that it is independent from Old-Maps and that we have no control over the content or
availability of that web site. In addition, a link to any other site does not
mean that Old-Maps endorses
or accepts any responsibility for the content, or the use of, such a web site
and shall not be liable for any loss or damage caused or alleged to be caused
by or in connection with use of or reliance on any content, goods or services
available on or through any other web site or resource. ?Any concerns regarding
any external link should be directed to its website administrator or webmaster info@old-maps.co.uk.
Availability of our Website
We will try to make our web site available but cannot guarantee that our web
site will operate continuously or without interruptions or be error free and
can accept no liability for its unavailability or errors on or in it. ?You must
not attempt to interfere with the proper working of our web site and, in
particular, you must not attempt to circumvent security, tamper with, hack
into, or otherwise disrupt any computer system, server, web site, router or any
other internet connected device.
Liability
We promise that for any products you purchase from our web site:
• We have the right to sell the products to you
• The products will correspond with the description we have given to you; and,
• The products will be of satisfactory quality but, for the avoidance of doubt, Old-Maps accept no liability for the accuracy or completeness of the information or mapping provided.
We shall not be liable for any breach of these warranties unless you give us
written notice of such breach within 7 days of delivery or of the defect
becoming apparent if not apparent on delivery and in any event within 12 months
of delivery. We will not be liable if you make any further use of the products
having so notified us or the defect arose because you failed to follow our
instructions regarding storage, installation, use or maintenance of the
products.
We exclude all other express or implied terms, conditions, warranties, representations
or endorsements whatsoever with regard to the products, our web site or any
information or service provided through our web site
We will do our best to ensure that all materials and information published on
our web site are accurate, but please note that all materials and information
on our web site and in the products are provided on an as is basis, and we
shall have the right to amend any errors that appear on the web site at any
time until such time as we have accepted your order.
In relation to the purchase of products, we accept no liability for any
indirect or consequential loss or damage, or for any loss of data, profit,
revenue or business (whether direct or indirect), however caused, even if
foreseeable. In circumstances where you suffer loss or damage arising out of or
in connection with the viewing, use or performance of our web site or its
contents other than as a direct result of purchasing products, we accept no
liability for this loss or damage (except where we have been negligent) whether
due to inaccuracy, error, omission or any other cause and whether on the part
of Old-Maps or our servants, agents or any other person.
If we are liable to you for any reason, our liability will be limited to either
repairing or replacing the products as we think fit or, at our sole discretion
refunding the price of the products and we shall have no further liability to
you. This limit does not apply to any liability we may have for death or
personal injury resulting from our negligence for which our liability shall be
unlimited.
You are responsible for ensuring that your computer system meets all relevant
technical specifications necessary to use our web site and is compatible with
our web site You also understand that we cannot and do not guarantee or warrant
that any material available for downloading from our web site will be free from
infection, viruses and/or other code that has contaminating or destructive
properties. You are responsible for implementing sufficient procedures and
virus checks (including anti-virus and other security checks) to satisfy your
particular requirements for the accuracy of data input and output.
Map Copyrights
You
must not use any of the images on this web site or products sold via www.old-maps.co.uk for financial gain or commercial purposes under
any circumstances unless prior approved by Old-Maps.
If further use of the images or maps is approved in writing via Old-Maps you must in all circumstances include the
correct Copyright acknowledgement as follows: Copyright ? and/or Database
Rights Old-Maps and Ordnance Survey Crown Copyright and/or Database Rights
2010. All rights reserved.
To enquire about copyright and licensing restrictions, contact us via info@old-maps.co.uk or write to [Old-Maps,5-7 Abbey Court, Eagle
Way, Sowton Industrial Estate, Exeter, Devon, EX2 7HY].
You may not; (a) give other people permission to copy the mapping material in your publications without our written permission or (b) sell, resell or exploit for commercial purposes any of the information held on or accessed via this web site. ?Such activities are expressly prohibited.? Any rights not expressly granted in these terms are reserved.
The Copyright
Owners are Old-Maps who are part of The Landmark Information Group.? This
product contains data owned and licensed by Landmark Information Group
Limited.? Landmark data contains Ordnance Survey information and is protected
by Crown copyright under the Copyright Designs and Patents Act 1988.
The Copyright Owners give no warranty that the data is accurate, complete or
fit for any particular purpose, use or application. The Copyright Owners
exclude to the fullest extent permitted by law all warranties, terms,
conditions, guarantees and undertakings implied by common law, statute or
otherwise.? The Copyright Owners will not be liable to any viewer, browser or
user of the data for any loss or damage whatsoever arising from any inaccuracy
in or incompleteness of such data.
General Terms
We may assign, novate or subcontract any or all of our rights and obligations
under these terms and conditions at any time.
We may alter these terms and conditions from time to time and post the new
version on our web site, following which all use of our web site will be
governed by that version. You must check the terms and conditions on the web
site regularly as we will not notify you of any changes.
These terms and conditions together with the privacy policy, any order form and
payment method instructions, if any, are the whole agreement between you and Old-Maps. You acknowledge that you have not entered into
this agreement in reliance upon any warranty or representation made by Old-Maps or any other person and you waive any rights to
damages/rescission you may have for misrepresentation (other than a fraudulent
misrepresentation) that is not contained in the terms and conditions, privacy
policy, order form and payment method instructions. Variations to these terms
shall have no effect unless expressly agreed in writing and signed by a
director of Old-Maps.
If any provision or term of these terms and conditions shall become or be
declared illegal, invalid or unenforceable for any reason whatsoever, such term
or provision shall be divisible from the other terms and conditions and shall
be deemed to be deleted from them.
These terms and conditions and your use of our web site are governed by English
law and you submit to the exclusive jurisdiction of the English court.
Failure by either party to exercise any right or remedy under this agreement
does not constitute a waiver of that right or remedy.
Nothing in these terms shall confer any benefit nor the right to enforce any
term on any party who is not a party to the order contract.
We reserve the right to defer the date of delivery, amend the order or the
products (including without limitation, the amount ordered or their
specification) if we are prevented from or delayed in carrying on our business
due to circumstances beyond our reasonable control. In the event such delay
continues for a period of in excess of 180 days we shall contact you and may
agree to cancel your order and refund any monies due. We shall not have any
other liability to you in these circumstances.
Notices
All notices shall be given:
• To you at either the e-mail or postal address you provide during any ordering process
• Notice will be deemed received when an email is received in full (or else on the next business day if it is received on a weekend or a public holiday in the place of receipt) or 3 days after the day of posting
Replacement
These terms and conditions replace all other terms and conditions previously
applicable to the use of our web site and/or sale of the products.
Privacy Policy
www.old-maps.co.uk (Old-Maps) is committed to
preserving the privacy of all visitors to www.old-maps.co.uk. Please read the
following privacy policy to understand how we use and protect the information
that you provide to us.
By accessing this site or placing an order on this site, you consent to the
collection, use and transfer of your information under the terms of this
policy.
Information that we Collect From You
When you visit, register or order products or services on www.old-maps.co.uk you may be asked to provide certain information
about yourself including your name, contact details and credit or debit card
information. We may also collect information about your usage of our web site
Use of Your Information
Your information will enable us to provide you with access to all parts of our
site and to supply the goods or services you have requested. It will also
enable us to bill you and to contact you where necessary concerning your
orders. We will also use and analyse the information we collect so that we can
administer, support, improve and develop our business.
In particular, we may use your information to contact you for your views on our
services and to notify you occasionally about important changes or developments
to the site or our services. Further, where you have consented, we might also
use your information to let you know about other products and services which we
offer which may be of interest to you and we may contact you by post, telephone
or fax, as well as by e-mail. If you change your mind about being contacted in
the future, please let us know.
Disclosure of Your Information
The information you provide to us will be held on our computers in the UK and
may be accessed by or given to our staff working outside the UK and third
parties who act for us for the purposes set out in this policy or for other
purposes approved by you. Those parties process information, fulfil and deliver
orders, process credit card payments and provide support services on our
behalf. We may also pass aggregate information on the usage of our site to
third parties but this will not include information that can be used to
identify you.
Where you have consented when providing us with your details, we may also allow
carefully selected third parties, including other companies in our group, to
contact you occasionally about products and services which may be of interest
to you. They may contact you by e-mail. If you change your mind about being
contacted by these companies in the future, please let us know, by contacting
us at [Old-Maps, 5-7 Abbey Court, Eagle Way, Sowton Industrial Estate, Exeter,
Devon, EX2 7HY].
Finally, if our business enters into a joint venture with or is sold to or
merged with another business entity, your information may be disclosed to our
new business partners or owners.
Countries outside the European Economic Area do not always have strong data
protection laws. However, we will always take steps to ensure that your
information is used by third parties in accordance with this policy.
Unless required to do so by law, we will not otherwise share, sell or
distribute any of the information you provide to us without your consent.
Cookies
Cookies are small amounts of information which we store on your computer.
Unless you have indicated your objection when disclosing your details to us,
our system may issue cookies to your computer when you log on to the site.
Cookies make it easier for you to log on to and use the site during future
visits. They also allow us to monitor web site traffic and to personalise the
content of the site for you. You may set up your computer to reject cookies
although, in that case, you may not be able to use certain features on our
site. If you do not wish to receive cookies in the future, please let us know,
by contacting us at [Old-Maps, 5-7 Abbey Court, Eagle Way, Sowton Industrial
Estate, Exeter, Devon, EX2 7HY].
Security and Data Retention
We employ security measures to protect your information from access by
unauthorised persons and against unlawful processing, accidental loss,
destruction and damage. We will retain your information for a reasonable period
or as long as the law requires.
Accessing and Updating
You are entitled to see the information held about you and you may ask us to
make any necessary changes to ensure that it is accurate and kept up to date.
If you wish to do this, please contact us. We are entitled by law to charge a
fee of ?10 to meet our costs in providing you with details of the information
we hold about you.
Changes to our Privacy Policy
Any changes to our privacy policy in the future will be posted to the site and,
where appropriate, through e-mail notification.
Contacting Us
All comments, queries and requests relating to our use of your information are
welcomed and should be addressed to Old-Maps, 5-7 Abbey Court, Eagle Way,
Sowton Industrial Estate, Exeter, Devon, EX2 7HY, or by email.