Streetwise Maps - Terms and Conditions

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Terms and Conditions

Streetwise Maps Limited
Contract for the Streetwise Website, Application Software and Associated Mapping
NOTICE TO USER: PLEASE READ THIS CONTRACT CAREFULLY. BY USING ALL OR ANY PORTION OF THE STREETWISE SOFTWARE SERVICE AND/OR STREETWISE MAP PURCHASING WEBSITE SERVICE("SERVICE") OR ASSOCIATED DATA LISTED YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU AGREE THAT THIS AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU

General

Data usage is charged on the following basis:

Search and view (limited roaming is available on the maps). Once a search has started a fee will be payable.
Print/digital plot. Once "Buy" is pressed the print/plot fee is payable every time. The customer acknowledges that where multiple copies are required at any time that the necessary fees must be paid under OS Copyright.
NB: The standard fees cover a 12 month user licence only.
Streetwise covers United Kingdom only.
All prices are available on the website http://www.streetwise.net
Fees can be altered at any time by Streetwise on 7 days written notice.
Payment. All costs are chargeable either on a pay-as-you-go basis or on account. The customer gives full rights for Streetwise to charge fees and any late payments against credit card details provided if fees due are not paid for whatever reason. Positive credit account balances will be repaid at any time on request in writing by the client to Streetwise.

DATA PROTECTION ACT

Users of this website acknowledge that their details may be used as part of internal back-up database testing in the normal course of business. Unless “opted-in for marketing purposes” by the user none of this information will be utilised outside of the organisation.

SERVICE AGREEMENT

Streetwise Maps Ltd ("Streetwise") owns all intellectual property in the SERVICE. Streetwise permits you to Use the SERVICE only in accordance with the terms of this Agreement. Use of some third party data and materials included in the SERVICE may be subject to other terms and conditions, found later in this agreement, under Data.

Definitions. "SERVICE" means (a) all of the contents of the files or other media for which this SERVICE Licence Agreement is provided, "Use" or "Using" means to access, install, download, copy or otherwise benefit from using the functionality of the SERVICE in accordance with the Documentation. "Permitted Number" means one (1) unless otherwise indicated under a valid licence. "Computer" means an electronic device that accepts information in digital or similar form and manipulates it for a specific result based on a sequence of instructions.
SERVICE Licence. As long as you comply with the terms of this SERVICE Licence Agreement (this "Agreement"), Streetwise grants to you a non-exclusive licence to Use the SERVICE for the purposes described in the Documentation.
1. General Use. You may access the SERVICE through your computer or access using Streetwise provided software on your compatible computer, up to the Permitted Number of computers.
2. No Modification. You may not alter or modify the SERVICE or create a new installer for the SERVICE.
3. The SERVICE allows you to access third party websites ("Third Party Sites"). Your access to and use of any Third Party Sites, including any goods, services or information made available from such sites, is governed by the terms and conditions found at each Third Party Site, if any. Third Party Sites are not owned or operated by Streetwise. YOUR USE OF THIRD PARTY SITES IS AT YOUR OWN RISK. STREETWISE MAKES NO WARRANTIES, CONDITIONS, INDEMNITIES, REPRESENTATIONS OR TERMS, EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE AS TO ANY OTHER MATTERS, INCLUDING BUT NOT LIMITED TO NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, INTEGRATION, ACCURACY, SECURITY, AVAILABILITY, SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE WITH RESPECT TO THE THIRD PARTY SITES.
4. Indemnity. You agree to hold Streetwise harmless from any and all liabilities, losses, actions, damages, or claims (including all reasonable expenses, costs, and legal fees) arising out of or relating to any use of, or reliance on, the SERVICE.
Intellectual Property Ownership, Copyright Protection. The SERVICE is the intellectual property of and is owned by Streetwise. The structure, organization and code of the SERVICE are the valuable trade secrets and confidential information of Streetwise. The SERVICE is protected by law, including without limitation the copyright laws of England. Except as expressly stated herein, this Agreement does not grant you any intellectual property rights in the SERVICE and all rights not expressly granted are reserved by Streetwise.
Transfer. You may not, rent, lease, sub-licence, assign or transfer your rights in the SERVICE, or authorize all or any portion of the SERVICE to be copied onto another user's computer except as may be expressly permitted herein.
Updates. If the SERVICE is an Update to a previous version of the SERVICE, you must possess a valid licence to such previous version in order to Use such Update. All Updates are provided to you on a licence exchange basis. You agree that by Using an Update you voluntarily terminate your right to use any previous version of the SERVICE.
NO WARRANTY. The SERVICE is being delivered to you "AS IS" and Streetwise makes no warranty as to its use or performance. STREETWISE DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SERVICE. EXCEPT FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM TO THE EXTENT TO WHICH THE SAME CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, STREETWISE MAKE NO WARRANTIES CONDITIONS, REPRESENTATIONS, OR TERMS (EXPRESS OR IMPLIED WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING WITHOUT LIMITATION NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE.

Ordnance Survey Data - Standard Licenced Use

Any use of Ordnance Survey Data which is not expressly addressed in this Licenced Use Schedule under the definition of 'Standard Licenced Use' or which is not expressly permitted is prohibited. Any other use of Ordnance Survey Data may be made only with the express written agreement of Ordnance Survey in a form of a licence for the commercial use of such data, the terms and conditions for which are available on request.

1. Definitions

For the purposes of this Schedule:

Commercial Purposes means any purposes which seek to exploit the Ordnance Survey Data for financial gain or any purpose which is or is likely to place the use of the Ordnance Survey Data in competition with a third party who is seeking to exploit data licenced from Ordnance Survey for Financial Gain or for any other purpose; Display means a single, static image with no size restriction, for example on display boards or on the Internet; Excluded Bodies means any of the following:

Central government departments, Crown bodies and non-departmental public bodies;
Local authorities;
Other public sector organisations (including companies in public ownership);
Utility companies managing fixed assets as follows:
- Gas companies
- Electricity companies
- Water companies
- Cable operators
- Oil companies
- Fixed line telecommunications companies;

Financial Gain means a benefit accruing where the Customer or any third party used by, or connected to, the Customer receives any revenue or credit for the publication or use of any Ordnance Survey Data in any format; and Promotion(al) means bringing any product or service to the attention of actual or potential customers and where multiple copies are made in any media, the total map area at scale must not exceed A3 or 1 250 square centimetres size.
Internal Business Use
Internal Business Use is defined as the use of Ordnance Survey Data in the ordinary day-to-day activities involved in the internal administration and running of the Customer's business or organisation.

2. Use

Such use of Ordnance Survey Data is only permitted in the following circumstances:

Solely and explicitly for the administration and operation of the Customer's business or organisation (which excludes its supply to any third party unless expressly permitted in this Schedule);
In reports and submissions to third parties (where such activities relate to the internal administration and running of the Customer's business or organisation and the Customer shall advise such third parties that such Ordnance Survey Data shall not be used for any other purpose), provided such reports and submissions do not carry paid for advertising in respect of third parties. Such use shall include electronic transmission of a graphic image that is a raster data file produced solely for the purposes of allowing such third party to view and print one copy;
By the Customer's contractors and agents when undertaking any activity for the Customer which the Customer is permitted to undertake itself under this Schedule but solely and explicitly to provide the Ordnance Survey Data for the purpose of enabling them to provide goods or services to the Customer or to tender for the provision of such goods or services. The Customer must require such contractor or agent to sign a contractor licence with the Customer in the form of the Contractor Licence. The Customer must enforce the provision in such Contractor Licence which requires the contractor or agent to erase all copies of Ordnance Survey Data on or before termination of such Contractor Licence. This must include those held in paper based or any electronic format, provided that the Customer may permit such contractor or agent to retain one paper-based archive copy of Ordnance Survey Data which is relevant and necessary to document the goods or services delivered to the Customer;
Where Ordnance Survey Data is available on an internal network or on a remotely accessible server operated by an electronic hosting service, the Customer must either take steps itself or enter into a written agreement in relation to the facilities provided by the electronic hosting service to provide for appropriate industry standard safeguards restricting third party access to any data of the Customer's which include or incorporate any Ordnance Survey Data;
Within any professional services provided by the Customer to its clients, provided that:
the provision of Ordnance Survey Data is not a service in itself and does not form a significant part of any service offered by the Customer;
Ordnance Survey Data may be provided only in paper form or by electronic transmission of a graphic image that is a raster file produced solely for the purposes of allowing the recipient to view and print one copy;
Only such amounts of Ordnance Survey Data may be used as are necessary to meet the specific need for which they are used; and
The use to which such clients shall put the Ordnance Survey Data shall be personal (in the case of a consumer client) or for the administration and operation of its business (in the case of a business client);
Provided that the rights referred to in this Section 2.2.5 shall not apply where the Customer is an Excluded Body.

For the avoidance of doubt the permission of Ordnance Survey for such supply of Ordnance Survey Data to third parties as specified above is given on the basis that the Customer remains responsible and primarily liable to Ordnance Survey for the acts and omissions of such contractors and agents.

3. Exclusions

Such use does not extend to use of the Ordnance Survey Data:

By any associated undertaking of the Customer, including associated, subsidiary, affiliated, holding or any parent or group companies or any other undertaking (save to the extent such associated undertaking is acting as a contractor or agent or is a client for professional services; or
Save in the case of contractors and agents providing services or provision of professional services, for any Financial Gain or commercial purposes of the Customer, whether the Ordnance Survey Data is used on its own or in combination with any products or services of the Customer or which convey any Financial Gain for the benefit of any person other than the Customer or its employees.

4. Conditions of use for publishing for display and/or promotional purposes.

Subject to the restrictions below, Ordnance Survey Data may be published for display and/or promotional purposes provided there is no Financial Gain but only:

As a background to display information specific to the Customer's activities; or
To promote the Customer's commercial or public services, provided that the use of Ordnance Survey Data is secondary to the Customer's services or business activities and is not a service or business activity in itself; or
In order to provide directional guidelines on how to locate the Customer's premises or a location relevant to the Customer's day-to-day business activities.
The following conditions apply to the publishing of the Ordnance Survey Data for Display and/or Promotional purposes by the Customer:
The correct database right, copyright, trade mark acknowledgements and licence number must be used. Acknowledgements are always required and each individual image using Ordnance Survey Data must contain the appropriate acknowledgement(s). Non-compliance will be regarded as a breach of your obligations under this Schedule and, without prejudice to any other rights, may incur royalties at our normal commercial use rates;
The Customer must overlay outputs generated using the Ordnance Survey Data with information that is specifically relevant to the purpose of the Display and/or Promotion. Use of Ordnance Survey Data in this manner must only be to demonstrate the services or activities to which the Ordnance Survey Data makes a significant contribution. Ordnance Survey Data must not be published on their own or in any format or as the primary or dominant part of any Display and/or Promotion and must always be combined with appropriate additional information relating to the Customer;
A visible background watermark to identify the source of the publication may be required by Ordnance Survey. This is a mandatory requirement when publishing Ordnance Survey Data electronically. The Customer shall choose its own method of applying a watermark from suitable alternatives. The purpose of the watermark is not to obscure or change the meaning of the Customer's message, but to establish the source of the material and to deter its use for other purposes;
When using the Ordnance Survey Data, whether in paper or electronic format, the Customer is to include a brief statement of the purpose of the publication and the reason why mapping information is included together with limitations for its further use. This can be placed anywhere within the document;
The Customer shall use all reasonable endeavours to prevent the improper use of the Ordnance Survey Data by its staff or any third parties;
Only such amounts of Ordnance Survey Data may be used as are necessary to meet the specific need for which they are used;
Ordnance Survey Data must not be published in their original condition either in paper or electronic form. Any publication, both paper and electronically, must feature such additional elements or content as are specifically relevant to the purpose to which they are put. Such additional content must be provided by the Customer and unless otherwise agreed with Ordnance Survey must be sufficiently significant to render the underlying Ordnance Survey Data unusable for any other purpose. When published electronically this additional content must be incorporated into the Ordnance Survey Data in a manner which does not allow them to be separated from each other unless expressly agreed in writing by Ordnance Survey; and
Ordnance Survey Data must not be published electronically in a manner which will allow vector map data to be extracted from the published materials. For the avoidance of doubt, this means in whole, part or derived vector data.

5. Statutory use

For the purpose of this Schedule
Statutory Obligation means an express written obligation imposed by an Enactment upon the Customer, which requires the use of the Ordnance Survey Data to meet that obligation. This does not include a general obligation which does not specifically refer to a product or service which is to be delivered by the Customer; and
Enactment means a statute or act of the Parliament of Great Britain and Northern Ireland or of the Scottish Parliament or of the National Assembly for Wales, or a statutory instrument or other delegated legislation, including without limitation any such enactment made after the date of this Agreement.
The Customer is permitted to use Ordnance Survey Data to meet a Statutory Obligation.
The Customer is not permitted to exploit the Ordnance Survey Data in any way for commercial purposes or for Financial Gain other than as expressly provided in this Schedule, except pursuant to a separate licence agreement from Ordnance Survey permitting such activities.
Only such amounts of Ordnance Survey Data may be used as are necessary to meet the specific need for which they are used.
Ordnance Survey Data must not be published in their original condition either in paper or electronic form. Any publication, both on paper and electronically, must feature such additional elements or content as are specifically relevant to the purpose to which it is put. Such additional content must be provided by the Customer and must be sufficiently significant to render the underlying Ordnance Survey Data unusable for any other purpose. When published electronically this additional content must be incorporated into the Ordnance Survey Data in a manner which does not allow them to be separated from each other.
Ordnance Survey Data must not be published electronically in a manner which will allow vector map data to be extracted from the published materials. For the avoidance of doubt, this means in whole, part or derived vector data.
The Customer may provide copies of Ordnance Survey Data to any other customer of Ordnance Survey which has a Statutory Obligation and which is a party to an agreement with Ordnance Survey by which such customer is licenced on specific terms to use Ordnance Survey Data, provided that:
It shall advise such customer that any such Ordnance Survey Data shall only be used under the terms of such customer's agreement with Ordnance Survey in relation to such customer's right to meet what in this Agreement is described as a Statutory Obligation;
Within thirty (30) days of the end of each quarter, it shall advise Ordnance Survey in writing of the names and addresses of each such customer to which it has supplied Ordnance Survey Data during such quarter. For these purposes, a quarter shall be a period of three (3) months commencing on the first day of January, April, July or October in each year; and
It shall include with the media embodying such Ordnance Survey Data a notice in terms approved by Ordnance Survey stating that the media contains mapping data which are the property of the Crown and that any unlawful use or copying other than for the purposes of viewing and printing is prohibited.
LIMITATION OF LIABILITY. IN NO EVENT WILL STREETWISE BE LIABLE TO YOU FOR ANY DAMAGES, CLAIMS OR COSTS WHATSOEVER OR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL DAMAGES, OR ANY LOST PROFITS OR LOST SAVINGS. Nothing contained in this Agreement limits Streetwise's liability to you in the event of death or personal injury resulting from Streetwise's negligence. Governing Law. This Agreement will be governed by the laws of England. General Provisions. If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of this Agreement, which shall remain valid and enforceable according to its terms.

6. Payment

Pay as you Go
Under this service liability is incurred once a search begins and the user is liable for all maps viewed and downloaded. These must be paid for in advance of receiving them.

Payment on Account
On receipt of the completed sign up form we will carry out a standard credit check and your Streetwise username and password will be sent to you by email.
For the first month the credit limit must be paid for in advance and thereafter are invoiced monthly in arrears. If an account is closed any remaining balance will be repaid.
Invoices will be forwarded on a monthly basis up to the agreed credit limit. All invoices must be paid within 14 days of invoice date. We reserve the right to charge an administration fee of £50 per month plus interest at 4% above the base rate of Barclays Bank at the time and any incurred legal and debt collection fees on any outstanding balances. You are responsible for keeping all contact details including email address up to date at all times.
Account Security Please note that you are responsible for maintaining the confidentiality of your username and password and for restricting access to your computer to prevent unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account and to be liable for all fees incurred. You should take all necessary steps to ensure that your details are kept confidential and secure and should inform us immediately if you have any reason to believe that your user name and/or password have become known to anyone else, or if your details are being, or are likely to be used in an unauthorised manner.
If you have any questions regarding this Agreement please contact
Streetwise before using the data on 0118 977 3313 or info@streetwise.net

Accuracy of Mapping and Measuring

Streetwise supply Ordnance Survey mapping to the accuracies as supplied by them. These are detailed below.
In addition the Streetwise measuring tools not only incorporate any existing errors from the mapping but are dependent on 4 other factors; namely, relationship to features, cursor placement, pixel size and the calculation used.
Streetwise offer no guarantee as to the accuracy or otherwise of the above. If an exact positional or measurement accuracy is required then a site survey is recommended.

A: Ordnance Survey Detailed Mapping Accuracy

Relative Accuracy

Definition
Relative accuracy is the positional consistency of a data point in relation to other local data points.

Measurable
The comparison of the scaled distance between features measured from the data with the distances measured between the same features on the ground.
This measurable refers to well-defined points in the real world, for example, building corners or fence junctions.
Certain types of features, such as underground features, vegetation and landform limits, can be surveyed to a lesser degree of accuracy.

Conformity
Ordnance Survey has continually sampled data and tested the relative accuracy of well-defined points of detail.
The table below shows the aggregated average results of testing from the last 30 years.
If the distances between well-defined points of detail 60.0m apart were measured in the real world, there is an expectation that 95% would be represented in OS MasterMap by a scaled distance of between 59.2 m and 60.8 m.

Correction
Any reported errors outside the expected range are addressed during the normal update cycle, or earlier if warranted by their impact on customers’ business.

Improvement
Ordnance Survey is improving the positional accuracy of OS MasterMap rural overhaul areas through the Positional accuracy improvement programme – http://www.ordnancesurvey.co.uk/positional/.

Absolute accuracy

Definition
Absolute accuracy is a measure that indicates how closely the coordinates of a point in the dataset agree with the true coordinates of the same point on the ground in the British National Grid reference system.

Measurable
The comparison between the position recorded in the data and the true position of the feature on the ground.

Conformity
Ordnance Survey has continually sampled data and tested the absolute accuracy of well-defined points of detail. The aggregated average results of this testing over the last 30 years show that the absolute accuracy of existing data is as shown below in table.
Example of absolute error statistic Urban (1:1250)
If the coordinates of a well-defined point of detail in OS MasterMap are compared to their true position, the expectation would be that in 95% of cases they would lie within a circle of radius 1.0 m from the true value.

Correction
Any reported errors are addressed during the normal update cycle, or earlier if warranted by their impact on customers’ business.

Improvement
Ordnance Survey is improving the positional accuracy of rural overhaul (1:2500 scale pre-positional accuracy improvement) OS MasterMap through the Positional accuracy improvement programme – http://www.ordnancesurvey.co.uk/positional/.

B: Measuring Accuracy

The accuracy of measurement is also dependent upon:

Relationship to features

Cursor placement

Pixel size

Calculation