Terms of Service

Using MapServe® (mapserve.co.uk) and ordering any reports, maps or documents through our website or services will constitute acceptance of these Terms Of Service ("TOS"). Registering an account on the site will confirm that you have read and agreed to these TOS. By registering for access to MapServe® you are accepting the TOS and are legally bound by them.

This website is owned and operated by Passinc Ltd, under the trading brand of MapServe®.

Definitions

“MapServe®” as referred to in these TOS means Passinc Ltd, a company registered in England with Company number 08180998, with registered place of business at 63 Hutton Garden, Fifth Floor Suite 23, London, EC1N 8LE, United Kingdom.

“Products” as referred to in these TOS means the various documents including maps, reports, or any other form of document purchased through this website.

“Service” as referred to in this document means the facilities and benefits provided by the site at mapserve.co.uk, including the provision of any documents, maps, reports, or any other service as may be included from time to time.

“User” and “you”, as referred to in this document shall means a person who accesses the site at mapserve.co.uk.

Products and Services Available on the Site

The features that make up the Service are provided to Users who register, who may then go on to utilize the Services to order or Purchase Products. MapServe® reserves the right to change, upgrade, or remove any aspect of the Service or alter the plans that features are available on.

Updating of Service

New features that augment or enhance the Services or Products may be released from time to time. Any such features will also be subject to the TOS and continued use of the Services shall constitute your consent to such changes. Updates may be made at any time, and without notice.

Availability of Service

MapServe® attempts to maintain an uptime percentage in excess of 99.9%. During the day to day running of the Service interruptions may occur due to network failures, server equipment failures, failures of external services that the Service depends on or deployment of software with bugs. Whilst every attempt is made to minimise these disruptions some may be outside the control of MapServe® and service uptime or availability at any time, or at all, is not guaranteed. MapServe® shall not be held responsible for any loss resulting from disruptions to the Service of any kind.

Usage of Documents

Under no circumstances may the preview maps be used outside the service whether by "screenshots" or other methods.

Map files may be used up to the permitted quantity purchased as shown on the download page. They are subject to the Ordnance Survey printed licence, and may be subject to other restrictions.

Property Reports may also be purchased from the Service, which will seek to include certain details we may hold in relation to land or property, such as age, flood risk, subsidence risk, and other elements. In no circumstance is this information guaranteed or warranted as being suitable for any purpose, and Users must conduct their own due diligence in relation to all such matters.

Historic mapping is restricted and unauthorised for use by any of the following:

  • (a) a law firm regulated by the Solicitors Regulation Authority;
  • (b) an Alternative Business Structure (as defined in the Legal Services Act 2007) listed on the register of licensed bodies maintained by the Solicitors Regulation Authority;
  • (c) licensed conveyancers regulated by the Council of Licensed Conveyancers who provide goods, services or products solely for use in a Conveyancing Transaction; and/or
  • (d) intermediaries that are providing such goods, services or products solely for use in a Conveyancing Transaction to the entities listed in (a), (b) and/or (c) above;

No element of the Products or Service is permitted or suitable for use in a legal capacity, and any legal professional utilizing the Products or Services must carry out professional surveys in lieu of relying upon the Products or Services, which are designed to be referential aides, but not investigatory in any form.

User Accounts

To register for an account you must:

  • Be 18 years or older to use Service, and old enough to enter into a binding agreement for the sale and purchase of goods and services in your country of residence
  • If you are representing a business entity, have the authority to enter into a binding agreement on behalf of the business
  • Be a human. Accounts registered by "bots" or other automated methods are not permitted
  • Enter a valid email address and legal name
  • Agree and abide by the conditions laid out in the TOS
  • Must expressly agree to not be a legal professional or conveyancer using the Service in a professional capacity
Account Security

Users must create a password in order to access the Service. These must be kept confidential and must not be shared under any circumstances. Users are responsible for access to their account through the use of their email and password combination and MapServe® will not be held responsible for any loss or otherwise as a result of unauthorised access to their account due to negligence. Should users believe their account details have been compromised they should contact support immediately who will respond to confirm receipt of message. Users will remain liable for any unauthorised access until support has confirmed they have received their notification.

Users may not use their account to attempt to breach the security of another account, the Service in general or to attempt to gain unauthorised access to another network or server. Any such attempts will result in immediate termination of their account.

Use of assets belonging to the Service

You may not use the MapServe® logo, colours, site layout or screenshot of the dashboard area without prior written permission.

Warranty of the Products and Use of the Service

The Products including all maps, reports, plans, or any other document is supplied as is, and no warranty as to their suitability for any purpose is provided. Users must carry out their own reasonable due diligence before relying upon any information provided within the Products, which may be incorrect or out-dated.

The Service is provided on an "as is" basis and is used at your sole risk. You expressly agree that MapServe®, its directors employees and contractors, and its suppliers shall not be liable for direct, indirect, incidental, consequential or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses resulting from the inability to use the Service, unauthorised access to your account, violation of any applicable law on your part or any other matters relating to the Service. The failure of MapServe® to enforce any right or provision of the TOS shall not constitute a waiver of such right or provision.

In no event shall MapServe®, its directors employees and contractors, be responsible for any claims, damages, obligations, losses, liabilities, costs and expenses arising to a) your violation of the TOS or AUP b) your violation of any law or regulation or c) your use of the Service in anyway.

You may not sell, copy, resell, exploit, or attempt to, any part of the Service or access to the Service.

Liability

Nothing in these TOS will disclaim MapServe®’s liability for any harm, injury, loss or death arising from MapServe®’s negligence, or deliberate misrepresentation, or any fraud.

In all other circumstances, except where otherwise addressed by the TOS, MapServe®’s maximum liability to the User or any other party shall not exceed either, (a) the maximum of the price paid for the Service paid by the User over the previous six months, or (b) the sum of £100, whichever of the two is the lesser.

Privacy Policy

MapServe® stores personal data in accordance with its Privacy Policy.

Violation of Terms Of Service

Violations of any of the terms outlined in the TOS may result in the suspension or termination of your account without prior notice. MapServe® will attempt to notify account holders of violations although such notification is not guaranteed and in severe cases termination will be immediate. Severe cases are determined by MapServe® at its sole discretion.

Should MapServe® suspend your account, you will not be able to buy or compose any plans. Access to other areas of the Service may also be prohibited. Should your account be suspended for more than 14 days then MapServe® reserves the right to delete your account.

MapServe®, at its sole discretion, has the right to suspend your account at any time for any reason.

Access to the Service Post Termination

In the event your access to the Service is terminated for any reason, you will no longer be able to access any documents, products, or services which had been purchased and stored on your existing account. Restoration of access to these lost services will be at MapServe®’s absolute discretion, and may carry an additional administrative fee.

Legal compliance

You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Service and Your Products. You may not assign, transfer or delegate your responsibilities in these TOS, or any part of it, nor may you permit any third party to access your account for the purpose of access to the Products or Services. Any assignment, transfer or delegation will result in a breach of these TOS, and the agreement between us being terminated. Access to your account may be terminated.

Notices

Notices shall be issued via email to the email address given at registration, or via a general posting to the Service. It is your responsibility to keep your account email address updated. MapServe® shall not be held responsible for any loss resulting from not having received a notification.

Severability

If any provision of these TOS is held invalid for any reason, the remaining sections provisions shall continue to be valid and enforceable, and any invalid clauses will be amended in so far as necessary to give effect to the intention of MapServe® in these TOS.

Governing Law

Headings are for reference purposes only and shall not affect the interpretation of these TOS. These TOS will be governed in all respects by the laws of England and Wales, and any legal action in conjunction to them will be heard under the exclusive jurisdiction of the courts of England and Wales.

Updates to these TOS

These TOS may be updated from time to time without notice given to the User. It is your responsibility to periodically review the TOS prior to further use of the Service. Where a Product or Service is purchased through this website, the prevailing TOS version in force at the time of that purchase will be the terms of the agreement between us.