Terms and Conditions
Please read this document carefully before use.
Information About Us
The Site is operated by Nimbus Property Systems Limited trading as Nimbus Maps (“We” or “Us”). We are a limited company registered in England and Wales under company number 08133761 and have our registered office at Innovation Centre, Warwick Technology Park, Gallows Hill, Warwick, CV34 6UW. Our trading name is Nimbus Maps.
Description of Service
We provide an array of services for online property information and applications (“Service” or “Services”). You may use the Services for your personal use or for internal business purpose in the organisation that you represent. You may connect to the Services using any Internet browser supported by the Services. You are responsible for obtaining access to the Internet and the equipment necessary to use the Services.
Accessing our Site
We may change the content of the Site at any time. If the need arises, we may suspend access to our Site, or close it indefinitely. Any of the material on our Site may be out of date at any given time, and we are under no obligation to update such material.
You may use our Site only for lawful purposes. You may not use our Site in any way that breaches any applicable local, national or international law or regulation or use our Site in any way that is unlawful or fraudulent.
Only use this Site as allowed and these terms. If you do not, we many suspend your usage or stop it completely.
Trial and Evaluation Period Terms and Use Restrictions
Trialists will be given temporary access to evaluate the paid-for Services. All trials are personal to the Trialist named and may not be assigned or transferred.
Each trial permits a single individual to access the Services and to use the Licensed Materials solely to evaluate the Services during the trial period before becoming a Subscriber.
At the end of your trial period, you can decide to either subscribe to our Services or cancel your access to the site.
You confirm that you will not use any information or Licensed Materials obtained during the trial period for any commercial or personal benefit other than to evaluate the paid-for Services, and, if you elect not to subscribe, you confirm that you will destroy all copies of any information or Licensed Materials obtained during the trial period. You will confirm in writing that this has been destroyed upon our request.
Licence Terms and Use Restrictions
Subscribers will be given access to the Services on a Per User Licence (“Licence”) as stated on the order. All Licences are personal to the Subscriber named and may not be assigned or transferred.
Each licence permits a single individual to access the Services and to use the Licensed Materials in the course of the Subscriber’s normal business. The Subscriber shall obtain our written consent prior to any additional individual(s) being granted access to the Services.
Enterprise Licenses permit all the employees and/or other workers of the Subscriber Group to access the Services and to use the Licensed Materials in the course of the Subscriber Group’s normal business.
Intellectual Property Rights
We are the owner or the licensee of all intellectual property rights in our Site (including the database software and all content stored in the database), and in the material published on it. Those works are protected by copyright, database rights and other laws and treaties around the world. All such rights are reserved, and no rights are granted to you except for those expressly granted in these terms.
If you breach these terms, you lose your right to use our Site, and must destroy or return any copies you have made.
Trademark and Copyright
You agree not to display or use, in any manner, our trademarks, without our prior written permission.
Authorised Users and Subscribers may use the Service and the Materials that appear on it from time to time for their own private or business research, and for this purpose may:
- Display the Materials on screen;
- Make printouts of items which are in PDF format only
Reliance on Information Posted
Materials posted on our Site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our Site, or by anyone who may be informed of any of its contents.
Our Legal Responsibility to You
We do not guarantee the accuracy of material on our Site. As far as legally possible, we exclude legal responsibility for the following:
- Any loss to you arising from the use of our Site; and
- Loss of income, profit, business, data, contracts, goodwill or savings.
We also exclude, as far as legally possible, all terms and warranties or promises implied by law or by statutes.
We do not exclude legal responsibility for death or personal injury owing to our negligence, or legal responsibility for fraud or fraudulent misrepresentation, or for anything else where exclusion is not allowed by the law.
Disclaimer of Warranties
You expressly understand and agree that the use of the Services is at your sole risk.
The Services are provided on an as-is-as-available basis. We expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. We make no warranty that the services will be uninterrupted, timely, secure, or error free.
Use of any material downloaded or obtained through the use of the services shall be at your own discretion and risk and you will be solely responsible for any damage to your computer systems, mobile telephone, wireless device or data that results from the use of the Services or the download of any such material. No advice or information, whether written or oral, obtained by you from Us, our employees or representatives shall create any warranty not expressly stated in the terms.
Limitation of Liability
The material displayed on our Site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to Us hereby expressly exclude:
- All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
- Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our Site or in connection with the use, inability to use, or results of the use of our Site, any websites linked to it and any materials posted on it, including, without limitation any liability for loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, loss of goodwill, wasted management or office time and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
In no event will our entire liability to you in respect of any Service, whether direct or indirect, exceed the fees paid by you towards such Service.
Viruses, Hacking and Other Offences
You must not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of service attack. In the event of a breach of this provision, your right to use our Site will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or to your downloading of any material posted on it, or on any website linked to it.
If you do anything which is a criminal offence under a law called the Computer Misuse Act 1990, your right to use the Site will terminate immediately. We will report you to the relevant authorities and give them your identity.
Examples of computer misuse include introducing viruses, worms, trojans and other technologically harmful or damaging material.
You must not try to get access to our site or server or any connected database or make any “attack” on the site. We will not be legally responsible to you for any damage from viruses or other harmful material that you pick up via our Site.
Variations and Modification of Terms of Service
We may modify the Terms upon notice to you at any time through a service announcement or by sending email to your primary email address. If we make significant changes to the Terms that affect your rights, you will be provided with at least 30 days advance notice of the changes by email to your primary email address. You may terminate your use of the Services by providing Us notice by email within 30 days of being notified of the availability of the modified Terms if the Terms are modified in a manner that substantially affects your rights in connection with use of the Services. In the event of such termination, you will be entitled to prorated refund of the unused portion of any prepaid fees. Your continued use of the Service after the effective date of any change to the Terms will be deemed to be your agreement to the modified Terms.
Subscription to Beta Service
We may offer certain Services as closed or open beta services (“Beta Service” or “Beta Services”) for the purpose of testing and evaluation. You agree that we have the sole authority and discretion to determine the period of time for testing and evaluation of Beta Services. We will be the sole judge of the success of such testing and the decision, if any, to offer the Beta Services as commercial services. You will be under no obligation to acquire a subscription to use any paid Service as a result of your subscription to any Beta Service. We reserve the right to fully or partially discontinue, at any time and from time to time, temporarily or permanently, any of the Beta Services with or without notice to you. You agree that we will not be liable to you or to any third party for any harm related to, arising out of, or caused by the modification, suspension or discontinuance of any of the Beta Services for any reason.
Fees and Payments
The Services are available under subscription plans of various durations and costs.
At the start of (and throughout) the subscription period, you shall provide us with valid, up-to-date, accurate and complete credit card details or direct debit mandate details and any other relevant valid, up-to-date, accurate and complete contact and billing details.
You authorise us to charge your credit card and/or bank account for all amounts payable during the subscription period and you further authorise us to use a third party to process payments and consent to the disclosure of your payment details to any such third party.
At the end of any fixed subscription period, the subscription fees will increase to the standard published prices unless specifically agreed otherwise in advance.
Your subscription will be automatically renewed at the end of each subscription period unless you cancel by informing Us in writing (by email to email@example.com) that you do not wish for the subscription to renew. At the time of automatic renewal, the subscription fee will be charged via an invoice to your account or to the Credit Card last used by you. We provide you the option of changing the details if you would like the payment for the renewal to be made through a different Credit Card.
If you do not wish to renew the subscription, you must inform Us at least twenty eight days prior to the renewal date.
All amounts and fees stated in these Terms or on our Site are non-cancellable and non-refundable and are exclusive of VAT, which shall be added to our invoice(s) at the applicable rate.
No refunds will be made for copies of either title registers or title plans for individual registered properties (“Land Registry Documents”) at any time after they have been ordered, due to the personalised nature of the goods being produced for your order. Because the information in these documents is provided immediately, once you pay for it you lose the right of cancellation you would normally have under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. By making a request to buy Land Registry Documents you agree to pay the fees for the service and accept that you lose your right to cancel once the chosen item(s) are made available for download.
Subscription plans are typically administered based on either a contracted annual term or a monthly rolling term. If you seek to cancel your annual subscription or if any payment method fails before the end of a contracted annual term, any unpaid amounts relating to the subscription period will become due immediately and will be charged in full, and no amounts already paid relating to the subscription period will be refundable.
If you have not cancelled your subscription, you will be authorising Us to charge the subscription fee via the subscription payment method last used by you. Any amounts invoiced to an account must be paid no later than 14 days from the invoice date. We reserve the right to charge interest at the prevailing rate on any accounts not paid within these terms. An administration charge of £40 plus VAT will be applied in each instance of any failed payments, cancelled direct debit mandates or if any amounts remain unpaid for 28 days since the invoice date.
Your access to the Site may be disabled in the event of any failed payments or amounts overdue, and re-enabled once any such amounts are paid.
From time to time, we may change the price of any Service or charge for use of Services that are currently available free of charge. Any increase in charges will not apply until the expiry of your then current billing cycle. You will not be charged for using any Service unless you have opted for a paid subscription plan.
User Sign up Obligations
You need to sign up for a user account by providing all required information in order to access or use the Services. If you represent an organisation and wish to use the Services for corporate internal use, we recommend that you, and all other users from your organisation, sign up for user accounts by providing your corporate contact information. In particular, we recommend that you use your corporate email address.
You agree to: a) provide true, accurate, current and complete information about yourself as prompted by the sign up process; and b) maintain and promptly update the information provided during sign up to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, outdated, or incomplete, or if we have reasonable grounds to suspect that such information is untrue, inaccurate, outdated, or incomplete, we may terminate your user account and refuse current or future use of any or all of the Services.
Age of User
By using Nimbus Maps (Essentials, Elite, Elite Plus or Elite Max), you are confirming that you are over the age of 18.
Communications from Us
The Service may include certain communications from Us, such as service announcements, administrative messages and newsletters. You understand that these communications shall be considered part of using the Services. As part of our policy to provide you total privacy, we also provide you the option of opting out from receiving newsletters from Us. However, you will not be able to opt-out from receiving service announcements and administrative messages.
Restrictions on Use
In addition to all other terms and conditions of this Agreement, you shall not: (i) transfer the Services or otherwise make it available to any third party; (ii) provide any service based on the Services without prior written permission; (iii) use the third party links to sites without agreeing to their website terms & conditions; (iv) post links to third party sites or use their logo, company name, etc. without their prior written permission; (v) publish any personal or confidential information belonging to any person or entity without obtaining consent from such person or entity; (vi) use the Services in any manner that could damage, disable, overburden, impair or harm any server, network, computer system, resource of Us; (vii) violate any applicable local, state, national or international law; or (viii) create a false identity to mislead any person as to the identity or origin of any communication.
Inactive User Accounts Policy
We reserve the right to terminate unpaid user accounts. In the event of such termination, all data associated with such user account will be deleted. We will provide you prior notice of such termination and option to back-up your data. The data deletion policy may be implemented with respect to any or all of the Services. Each Service will be considered an independent and separate service for the purpose of calculating the period of inactivity. In other words, activity in one of the Services is not sufficient to keep your user account in another Service active. In case of accounts with more than one user, if at least one of the users is active, the account will not be considered inactive.
You agree to indemnify and hold harmless Nimbus Maps, its officers, directors, employees, suppliers, and affiliates, from and against any losses, damages, fines and expenses (including attorney’s fees and costs) arising out of or relating to any claims that you have used the Services in violation of another party’s rights, in violation of any law, in violations of any provisions of the Terms, or any other claim related to your use of the Services, except where such use is authorised by Us.
Suspension and Termination
We may suspend your user account or temporarily disable access to whole or part of any Service in the event of any suspected illegal activity, extended periods of inactivity, or requests by law enforcement or other government agencies. We will also terminate your user account on your request.
In addition, we reserve the right to terminate your user account and deny the Services upon reasonable belief that you have violated the Terms and, in the event any amounts are overdue, to terminate your access to any Beta Service in case of unexpected technical issues or discontinuation of the Beta Service. You have the right to terminate your user account if we breach our obligations under these Terms and in such event, you will be entitled to prorated refund of any prepaid fees. Termination of user account will include denial of access to all Services, deletion of information in your user account such as your email address and password and deletion of all data.
Dispute Resolution, Jurisdiction and Applicable Law
For the sake of clarity any reference to ‘parties’ below shall mean both you and Us.
The parties will use their best efforts to negotiate in good faith and settle any dispute that may arise out of or relate to this Agreement or any breach of it.
If any such dispute cannot be settled amicably through ordinary negotiations between the parties, or either or both is or are unwilling to engage in this process, either party may propose to the other in writing that structured negotiations be entered into with the assistance of a fully accredited mediator before resorting to litigation.
If the parties are unable to agree upon a mediator, or if the mediator agreed upon is unable or unwilling to act and an alternative mediator cannot be agreed, any party may within 14 days of the date of knowledge of either event apply to LawBite to appoint a mediator under the LawBite Mediation Procedure.
Within 14 days of the appointment of the mediator (either by mutual agreement of the parties or by LawBite in accordance with their mediation procedure), the Parties will meet with the mediator to agree the procedure to be adopted for the mediation, unless otherwise agreed between the parties and the mediator.
All negotiations connected with the relevant dispute(s) will be conducted in confidence and without prejudice to the rights of the Parties in any further proceedings.
If the parties agree on a resolution of the dispute at mediation, the agreement shall be reduced to writing and, once signed by the duly authorised representatives of both Parties, shall be final and binding on them.
If the parties fail to resolve the dispute(s) within 60 days (or such longer term as may be agreed between the parties) of the mediator being appointed, or if either party withdraws from the mediation procedure, then either party may exercise any right to seek a remedy through arbitration by an arbitrator to be appointed by LawBite under the Rules of the LawBite Arbitration Scheme.
Any dispute shall not affect the parties’ ongoing obligations under the Agreement.
The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our Site although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.
Please email us at firstname.lastname@example.org to contact us about any issues.