Terms & Conditions
Privacy Policy
Map-Logic Limited follows the Direct Marketing Associations Guides and as such we will not under any circumstance share, loan or provide any information / data collected without the sole authorisation of the provider / person / organisation that provided said data.
We use third-party advertising companies to serve ads when you visit our website. These companies may use information (not including your name, address, email address or telephone number) about your visits to this and other websites in order to provide advertisements about goods and services of interest to you. If you would like more information about this practice and would like to know your options in relation to not having this information used by these companies please click here.
Standard Terms & Conditions
1. General
In so far as the context admits these terms and conditions are deemed to be incorporated into any agreement entered into with Map-Logic Limited for the provision of any service or product. For avoidance of doubt, Map-Logic Limited agrees to offer services and advice either through it's web site or otherwise and users agree to use Map-Logic Limited's services and web site.
2. Definitions
In this Agreement the following expressions shall have the following meanings: -“this Agreement” means the terms and conditions set out hereunder and overleaf “Bureau” means any third party which is responsible to the Client and/or the User and which is to assist the Client and/or the User in using the Services “the Client” means the individual, firm or limited company specified herein to whom the Services are to be provided “the Information” means any information (in whatever form) (including without limitation any list of names and addresses of individuals and/or businesses) contained in the Media “the Media” means the records, tapes or other materials and documents upon which the Information is communicated to the Client “the Services” means the Media and the services to be provided by Map-Logic Limited in accordance with this Agreement (details of such services being set out overleaf) “the User” means that individual firm or other party as may be specified overleaf that is to use the Services.
3. Contract Terms
Subject to Clause 17 hereunder this Agreement and any other agreement between Map-Logic Limited and the Client shall be upon the terms and subject to the conditions set out below and overleaf to the exclusion of any other terms and conditions whether or not the same are endorsed upon delivered with or referred to in the order or any other document delivered sent or otherwise disclosed by the Client to Map-Logic Limited. The Client acknowledges that it has not relied upon any representations or warranties made by Map-Logic Limited save as expressly provided in this Agreement.
4. Payment of Charges
4.1 The charges payable for the Products or Services (“the Charges”) shall be as specified below.
4.2 Map-Logic Limited may at its option require the Charges to be paid (either in full or part) before the Products or Services are provided to the Client but otherwise the Charges shall be due and payable to Map-Logic Limited within 28 days of the date of Map-Logic Limited’s invoice.
4.3 Interest at an annual rate of 3% above Barclays Bank plc’s base rate from time to time shall accrue daily and be calculated on a daily basis on any sum overdue from the date of invoice until payment in full of the Charges (whether before of after any judgment)
4.4 Unless expressly stated otherwise the Charges shall be exclusive of VAT (which for the avoidance of doubt shall be payable at the prevailing rate by the Client in accordance with the terms and conditions hereof)
4.5 The Client shall have no right to set-off against Map-Logic Limited in respect of any claims it may have against Map-Logic Limited (whether in connection with this Agreement or otherwise)
4.6 Additional charges shall be payable for any additional services, which the Client requires Map-Logic Limited to provide subsequent to any quotation given by Map-Logic Limited.
4.7 All delivery and handling charges shall be payable by the Client
4.8 In the event that Map-Logic Limited agrees (as indicated overleaf) to give the Client any credit in respect of the Charges the Client acknowledges that such credit is given by Map-Logic Limited strictly on condition that the Client pays to Map-Logic Limited not less than £1,500 (one thousand five hundred pounds) during each discrete period of 12 (twelve) months commencing on the date of this Agreement (and thereafter each anniversary of such date) during the duration of this Agreement (“the Minimum Value Figure”).
4.9 In the event that at the expiry of any period of 12 months referred to in clause 4.8 there is a shortfall between the Charges actually paid by the Client and the Minimum Value Figure Map-Logic Limited shall be entitled to invoice the Client such shortfall and the Client shall then pay such shortfall within 28 days from the date of such invoice.
5. Quotations
5.1 Any quotations made by Map-Logic Limited are made on the basis that all services quoted for will be ordered and in accordance with costs prevailing at the time of quotation. Quotations and the Charges are subject to amendment at Map-Logic Limited’s discretion on or at any time after acceptance in order to meet any increase in such costs (due to whatever cause)
5.2 Map-Logic Limited may correct any Charges payable under this Agreement and invoices in respect thereof where typographical or other errors have been made.
6. Copyright
Property and the copyright (and all other intellectual property rights) in the Media and the Information (other than any information which was passed to Map-Logic Limited by the Client in connection with the Products or Services or which has been obtained from any third party by Map-Logic Limited) shall at all times remain vested in Map-Logic Limited
All Postcode Data products contain Ordnance Survey data © Crown copyright and database right 2010 and contain Royal Mail data © Royal Mail copyright and database right 2010.
7. Confidentiality
7.1 The Client undertakes:
7.1.1 that it shall not (without the prior written consent of Map-Logic Limited) re-use copy reproduce publish or transmit the Information (or any part thereof) in any manner whatsoever.
7.1.2 that it shall not disclose communicate or make available the Information or any confidential information (as defined below) to any third party provided always that the Client shall be permitted to disclose the Information to any User and/or Bureau specified in the Agreement solely in accordance with Clause 8.4 below.
7.1.3 (without prejudice to Clause 7.1.2 above) that it shall not provide the whole or any part of the Information as part of any directory or other product or service for distribution to third parties
7.1.4 For the purposes of sub-clause 7.1.2. hereof the expression “Confidential Information” shall mean (as the context may require):
7.1.4.1 any information concerning Map-Logic Limited’s trade secrets or business dealing transactions or affairs which may come to the notice of the Client and/or
7.1.4.2 any information or know-how relating to the methods or techniques used by Map-Logic Limited in devising and developing the Services and any tapes documents or other materials comprising any part of such information and/or know-how made available by Map-Logic Limited hereunder
7.1.5 The provisions of sub-clause 7.1.2. hereof shall not apply to any Confidential Information to the extent that the Client is required to divulge the same by a Court tribunal or governmental authority with competent jurisdiction or the information is in the public domain or such information has been received independently from a third party.
8. Usage
8.1 Unless otherwise agreed in writing by Map-Logic Limited the Information shall be used by the Client only for the purposes relating to the Client's business as specified and only on the number of PC's or other devices for which the Client has paid the appropriate licence fee.
9. Limitation Of Liability
9.1 While reasonable endeavours will be made by Map-Logic Limited to provide the Services in accordance with any delivery date or manner specified and to ensure that the Information is accurate Map-Logic Limited does not warrant the accuracy or fitness for any particular purpose of the Information (or any part thereof) and not does it warrant or guarantee the results of any exercise carried out by the Client and Map-Logic Limited shall not be liable to the Client for any loss damage costs or expenses suffered or incurred by the Client (and/or the User and/or the Bureau) by reason of the Services not being provided on the said dates or the said manner or any Information being inaccurate or in the event of any defect in our failure of any activity.
9.2 Without prejudice to any other provision contained in this Agreement:
9.2.1 Map-Logic Limited shall not be liable (whether in contract or in negligence or tort or otherwise) for any indirect or consequential loss of any kind whatsoever.
9.2.2 Map-Logic Limited shall not be liable for loss of profit or loss of business or increase in or failure to reduce bad debt or loss of business opportunity suffered by the Client (and/or the User and/or the Bureau) as a result of or arising out of the use of the Services or otherwise in connection with this Agreement
9.2.3 Map-Logic Limited’s maximum aggregate liability hereunder whether for breach of this Agreement or otherwise and whether or not arising from the negligence of Map-Logic Limited or any other person involved directly or indirectly in the provision of the Services shall not exceed an amount equal to the Charges (exclusive of VAT) payable to Map-Logic Limited hereunder in respect of the particular service and or provision the subject of such breach or other claim.
9.2.4 The provisions of sub-clauses 9.1 and 9.2 above shall not apply to any liability in respect of death or personal injury arising out of the negligence of Map-Logic Limited its servants or agents.
9.3 The Client hereby expressly agrees that time shall not be of the essence in relation to Map-Logic Limited’s obligations under this Agreement and that upon leaving the premises of Map-Logic Limited the Media shall be at the risk of the Client
10. Indemnity
The Client shall indemnify and keep indemnified Map-Logic Limited from and against any and all liability loss claims demands costs or expenses of any kind whatsoever which it shall at any time suffer or incur
11. Statutory Requirements
11.1 The Client undertakes that it shall not use the Information for any unlawful purpose and that at all times it shall comply fully with all relevant statutory requirements and regulations from time to time in force (including without limitation the provisions of the Data Protection Act 1998 and any subsequent amendments thereto or re-enactments thereof)
11.2 The Client undertakes to work within all of the relevant codes of practice for the advertising industry including without limitation. “The Promotion Practice” and “The Advertising Associations “Standards of Practice” in List and Database Management (as such codes are amended and re-drafted from time to time)
12. Exclusion Of Warranties and Representations
Save as expressly provided in this Agreement or to the extent that it is unlawful for any said representations, terms, warranties or conditions to be excluded Map-Logic Limited makes or includes no representations, terms warranties or conditions (whether express or implied (by statute or otherwise) in connection with the Products or Services or use thereof by the Client and/or User and/or Bureau or otherwise in connection with the Agreement)
13. Force Majeure
Notwithstanding anything herein contained neither party shall be under any liability to the other in respect of any failure to perform or delay in performing any of its obligations hereunder which is due to any cause of whatsoever nature beyond its reasonable control and no such failure or delay shall be deemed for any purpose to be a breach of this Agreement
14. Assignment & Sub-Contracting
The rights granted to the Client hereunder are personal to it and the Client shall not assign or grant any rights in respect of or otherwise deal in the same Map-Logic Limited shall be entitled to assign or sub-contract the provision of the Services (or any part thereof) to any third party and reference in the terms and conditions to Map-Logic Limited shall be deemed to include reference to such assignee or sub contractor
15. Waiver
Failure or delay by either party to enforce any of the provisions of this Agreement shall not operate as a waiver of any of its rights hereunder or operate so as to bar the exercise or enforcement thereof at any time or time
16. Variation
This Agreement constitutes the whole of the terms agreed between the parties hereto in respect of the subject matter hereof and supersedes all previous negotiations understandings or representations and shall be capable of being varied only by instrument in writing signed by a duly authorised representative of each of the parties hereto
17. Severance
This Agreement is severable in that if any provision hereof is determined to be Illegal or unenforceable by any Court of competent jurisdiction such provision shall be deemed to have been deleted without affecting the remaining provisions of this Agreement
18. Law
This Agreement shall be governed by and construed in accordance with English Law and the parties hereto agree that the English Courts shall have exclusive jurisdiction.
Terms Of Use
Please read these terms and conditions ("Terms of Use") relating to your use of this web site; ('www.Map-Logic Limited.biz') (the "Site"). By accessing the Site you are agreeing to the terms that appear below. These Terms of Use are in addition to (but in no way supersede) the terms of the contract you agreed with us when you ordered product or services.
Who We Are
The Site is owned and operated by Map-Logic Limited ("us" or "we"). Map-Logic Limited is a company, its head office is at 14 Swan Road, West Drayton, Middlesex, UB7 7JY. [If you have any questions or queries about this Site or relating to these terms please use the relevant contact details set out on the Contact Us link featured throughout the web site.]
Content
All intellectual property rights in all the materials contained in the Site, the data and any other products available for download from the Site (the "Content") including but not limited to patents, copyright, database right and trademarks belong to us or our licensors.
The Content includes a number of trade marks including Map-Logic Limited that are owned by us or our licensors. By making the trade marks available on the Site we are not granting you any licence to copy, download or reproduce them without written permission from Map-Logic Limited or our partners.
Warranty and Liability
In respect of the Site under no circumstances will we be liable for any of the following losses or damage (whether such losses were foreseen, foreseeable, known or otherwise): (a) loss of data; (b) loss of revenue or anticipated profits; (c) loss of business; (d) loss of opportunity; (e) loss of goodwill or injury to reputation; (f) losses suffered by third parties; or (g) any indirect, consequential, special or exemplary damages arising from the use of the Site regardless of the form of action.
Whilst we shall use reasonable care and skill to ensure that you are able to run counts and selections or extract download our data and/or products available from the Site and that the Site is continuously available we do not warrant that the provision of the Content or the Site will be uninterrupted or error free and/or that defects will be corrected.
Any Content that you download to your computer or otherwise obtain through the Site is at your own discretion. You will be solely responsible for any damage to your computer or any of your data that results from you downloading any of the Content. We exclude all warranties (whether express or implied) to the extent that we are legally allowed to exclude them.
Passwords and Security
You acknowledge and agree that control of and security of identification codes and passwords used to access the Content and/or the Site (collectively the “Client ID”) are your sole responsibility and that we shall have no liability whatsoever to you. You agree that you will inform us immediately on becoming aware of any unauthorised use and/or disclosure of the Client ID, or if any equipment used by the Client to access the Content is stolen;
Your Privacy
We take your privacy very seriously and aim to comply with the relevant provisions of UK data protection legislation. Any information given to us by you or collected by us during your use of the Site is only used in accordance with the terms of the contract agreed between us.
Other Matters
If any provision of these terms is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of this notice, which shall remain in full force and effect.
Failure by either party to exercise any right or remedy under these terms does not constitute a waiver of that right or remedy.
These terms shall be governed by, and construed in accordance with, English law. You agree that the Courts of England shall have exclusive jurisdiction to settle any dispute that may arise out of, under, or in connection with these terms.
We may make changes to any part of the Site or the Content (including these terms) at any time. We will notify you of any changes to these terms by including them below (see "Changes to Terms"). By using the Site after the date of any change you are agreeing to the changes. If you do not agree to any changes you should not use the Site after the date of any changes that you do not accept.