Terms of use
Right to use HiMap
The Supplier grants a non-exclusive, non-transferable, revocable right and licence to Authorised Users to access and use the Services and Documentation solely for the internal business purposes of the Customer.
Access rights are personal to the Authorised User.
An Authorised User must not permit any other individual to use their account.
Access may be suspended or removed by the Supplier or by the Customer at any time.
Account Security
Each Authorised User shall keep a secure password for their use of the Services and Documentation and shall keep their password confidential.
Authorised Users shall use all reasonable endeavours to prevent any unauthorised access to, or use of, the Services and/or the Documentation and, in the event of any such unauthorised access or use, promptly notify the Supplier.
You are responsible for all activity conducted using your login credentials.
Acceptable Use
You shall not access, store, distribute or transmit any Viruses, or any material during the course of your use of the Services that:
- is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive;
- facilitates illegal activity;
- depicts sexually explicit images;
- promotes unlawful violence;
- is discriminatory based on race, gender, colour, religious belief, sexual orientation or disability; or
- is otherwise illegal or causes damage or injury to any person or property.
The Supplier reserves the right, without liability or prejudice to its other rights, to disable access to any material that breaches this clause.
Prohibited Activities
You shall not:
- attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit or distribute all or any portion of the Software, Services and/or Documentation;
- attempt to de-compile, reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Software or Services;
- access all or any part of the Services or Documentation in order to build a product or service which competes with the Services and/or Documentation;
- use the Services and/or Documentation to provide services to third parties;
- licence, sell, rent, lease, transfer, assign, distribute, display, disclose or otherwise commercially exploit the Services and/or Documentation;
- attempt to obtain, or assist third parties in obtaining, unauthorised access to the Services or Documentation; or
- introduce or permit the introduction of any Virus into the Services or the Supplier’s network and information systems.
Services
The Supplier shall use commercially reasonable endeavours to make the Services available.
The Supplier may:
- modify the Services;
- enhance the Services;
- remove features;
- update Documentation;
- perform maintenance and security activities.
The Supplier shall not be liable for any temporary unavailability of the Services arising from maintenance, upgrades, security measures or circumstances outside its reasonable control.
Support
The Supplier may provide support services in accordance with its Support Services Policy as amended from time to time.
Nothing in these Terms of Use guarantees any minimum service levels, response times or support entitlement.
Data Protection
It is acknowledged that personal data may be processed in connection with the provision of access to the Services.
The Supplier’s Privacy Policy shall apply to all personal data processed through HiMap.
Users must ensure that any Customer Data entered into the Services is lawful, accurate and appropriately authorised.
Third Party Services
The Services may enable or assist users to access website content of, correspond with or purchase products and services from third parties.
Any use of third-party services is solely at the user’s own risk.
The Supplier makes no representation, warranty or commitment and shall have no liability or obligation whatsoever in relation to:
- third-party websites;
- third-party software;
- third-party content; or
- any transaction entered into with a third party.
Intellectual Property
The Supplier and/or its licensors own all intellectual property rights in the Services and the Documentation.
Except as expressly stated in these Terms of Use, nothing grants any rights in respect of:
- patents;
- copyright;
- database rights;
- trade secrets;
- trade names;
- trade marks; or
- any other intellectual property rights.
All such rights are reserved.
The Supplier shall own all right, title and interest in and to the Output provided that the Customer shall have a perpetual, irrevocable licence to use the Output for its own internal business purposes.
The Customer shall own all right, title and interest in and to Customer Data.
Confidentiality
Each party shall keep confidential all Confidential Information received from the other party.
Confidential Information shall not be:
- used other than for the permitted use of the Services; or
- disclosed to any third party,
except where disclosure is required by law.
The confidentiality obligations in this clause shall survive termination of access to the Services for a period of five years.
Disclaimer
The Supplier shall perform the Services with reasonable skill and care.
The Supplier does not warrant that:
- use of the Services will be uninterrupted or error-free; or
- the Services, Documentation, Output or other information obtained through the Services will meet any particular requirements.
The Services and Documentation are provided on an “as is” basis.
The Supplier is not responsible for delays, delivery failures or other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet.
Limitation of Liability
Except as expressly and specifically provided in these Terms of Use:
- the user assumes sole responsibility for results obtained from the use of the Services and Documentation;
- the Supplier shall have no liability for damage caused by errors or omissions in Customer Data;
- all warranties, representations, conditions and other terms implied by statute or common law are excluded to the fullest extent permitted by law.
Nothing in these Terms of Use excludes liability for:
- death or personal injury caused by negligence;
- fraud or fraudulent misrepresentation; or
- any liability that cannot lawfully be excluded.
To the fullest extent permitted by law, the Supplier shall not be liable for:
- loss of profits;
- loss of business;
- wasted expenditure;
- depletion of goodwill;
- loss or corruption of data;
- loss of information; or
indirect or consequential loss.
Suspension and Termination
The Supplier may suspend or terminate access to the Services immediately where:
- these Terms of Use are breached;
- unauthorised use is suspected;
- security concerns arise;
- continued access may adversely affect the Services or other users.
Upon termination:
- all rights granted under these Terms of Use shall immediately cease; and
- the user shall immediately cease using the Services.
Force Majeure
Neither party shall be liable for any delay or failure in performance resulting from circumstances beyond its reasonable control.
Severance
If any provision of these Terms of Use is determined to be invalid, illegal or unenforceable, that provision shall be deemed deleted and the remainder shall continue in full force and effect.
Third Party Rights
These Terms of Use do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999.
Changes to These Terms
The Supplier may amend these Terms of Use from time to time.
Where changes are material, users may be required to accept the updated Terms of Use before continuing to access the Services.
Governing Law and Jurisdiction
These Terms of Use and any dispute or claim arising out of or in connection with them shall be governed by and interpreted in accordance with the laws of England and Wales.
The courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms of Use.
