| TERMS AND CONDITIONS OF WEBSITE USAGE, PRODUCT PURCHASE AND DATA DOWNLOAD(“Conditions”) | ||||
Please read the following information carefully. These Conditions, our privacy statement and our legal notices govern the sale of goods and services on this website. The acceptance by Spatial Edge of any order for such goods and services from you is subject to these Conditions, our privacy statement and our legal notices. Please print a copy of these Terms & Conditions and retain the copy for your records. 1. WHAT PRODUCTS / SERVICES ARE AVAILABLE ON THIS WEBSITE? 1.1 A number of map products are available for purchase from our website and sample datasets for download. 2. REQUIREMENT TO REGISTER 2.1 In order to browse our product catalog and purchase Products on this website, you will need to register as a user. 3. ACCEPTANCE OF ORDERS 3.1 All orders are subject to acceptance by Spatial Edge. 3.2 If your order is received and accepted by Spatial Edge an order confirmation screen will appear. You should print out this confirmation screen and make a note of the order number in the top right hand corner of the screen for future reference. 4. DELIVERY 4.1 If you choose to order Products for download outside of the United States of America, you are responsible for complying with local laws, if and to the extent that they are applicable. 5. PRICES 5.1 The price of each Product is shown in the ‘Pricing’ section of our website and both the price of each Product and the total price of your order are also shown during the ordering process. 5.2 All prices are indicated in US Dollars. 5.3 Spatial Edge reserves the right to change its prices at any time. Irrespective of any change of prices, you will be charged the price that was specified for the Products when you ordered them. 6. RIGHT OF WITHDRAWAL 6.1 Where you have purchased a map product which is to be downloaded directly from our website, you may cancel your purchase within seven (7) working days of the date on which we confirm your purchase as long as you have not downloaded the map. If you have already downloaded the map you will not be able to cancel your purchase. 6.2 Unfortunately, because customized maps are generated in accordance with your particular specifications, you will not be able to cancel your purchase of such customized orders once your order has been accepted. 7. COMPLAINTS 7.1 Spatial Edge seeks to ensure that you are happy with your purchase. If you are unhappy with any product which you have purchased from us, please contact us by email at info@spatial-edge.com 7.2 Without prejudice to any other provision of these Conditions, where any valid claim as determined by Spatial Edge in respectof any Product sold by Spatial Edge is based on any defect in the quality or condition of the Product or its failure to meet specification in accordance with the order made by you, Spatial Edge shall be entitled to replace the Product (or the part in question) free of charge, or at the sole discretion of Spatial Edge, refund the price of the Product concerned (or a proportionate part of the price), but Spatial Edge shall have no further liability to you. 8. INTELLECTUAL PROPERTY 8.1 All Intellectual Property in and/or relating to each Product and the data and information contained therein (which, for the avoidance of doubt, includes all Intellectual Property in theDatasets and Third Party Data used in the generation of any product) remains the exclusive property of Spatial Edge and/or its Third Party licensors and nothing in these Conditions or any Product purports to transfer, assign, or grant any rights to you in respect of such Intellectual Property. 8.2 Except as explicitly permitted in these Conditions, you are not allowed to copy, reproduce, make available, distribute, re-sell, republish, reverse engineer, display or otherwise use or deal in any Product without the prior written permission of Spatial Edge. 9. EXCLUSIONS AND LIMITATIONS OF LIABILITY 9.1 Each Product is sold without any guarantees or representations and all representations, warranties and conditions, whether express or implied, in relation to each Product and the data and information contained therein or used in the generation thereof are hereby excluded by Spatial Edge to the fullest extent permitted by law. Without prejudice to the generality of the foregoing and in so far as is permissible under law, no representations, warranties or conditions, whether express or implied, are given by Spatial Edge in relation to the accuracy, currency or completeness of any Third Party Data contained in or used in generating a map product. 9.2 Spatial Edge excludes, to the fullest extent permitted by law, all liability for any and all direct, indirect or consequential damage, loss or expense (including, without limitation, loss of profit) howsoever caused or arising by reason of, or in connection with, each Product and/or the data and information contained therein or used in the generation thereof (including Third Party Data) and/or any act or omission of SPATIAL EDGE. 9.3 To the extent that any liability arises under these Conditions, Spatial Edge’s entire liability (including any liability for the acts and/or omissions of its employees, agents or sub-contractors) in respect of any and all breaches of its contractual obligations and any and all tortious acts or omissions (including but not limited to negligence) shall not, in aggregate, exceed the purchase price paid by you for the relevant Product pursuant to these Conditions. 9.4 None of the limitations or exclusions set out in these Conditions shall operate to affect any statutory rights to which you are entitled as a consumer or otherwise. In particular, but without limitation to the generality of the foregoing, if you are a consumer, none of the limitations or exclusions set out in these Conditions shall operate to exclude or limit Spatial Edge’s liability for death or personal injury caused by any act or omission of Spatial Edge. 10. PRIVACY STATEMENT AND LEGAL NOTICES 10.1 For details of our privacy statement,click here 10.2 For further legal notices,click here 11. UNENFORCEABILITY 11.1 In the event that any of these Conditions or any part thereof are rendered void or unenforceable by any rule of law or any decision of any court or administrative body of competent jurisdiction, the Condition or relevant part thereof shall be void and unenforceable to the extent only that it breaches the relevant law or decision and no further. In such circumstances the infringing Condition or part thereof shall apply with such modification as would be necessary to make it valid and effective. 12. GOVERNING LAW & JURISDICTION 12.1 These Conditions shall be governed by and construed in accordance with the laws of State of California and you hereby submit to the exclusive jurisdiction of the California courts in relation to any dispute arising in relation to or in connection with these Conditions. Products and services are supplied by Spatial Edge, 12209 Silverberry St, Charlottesville VA 22911, USA. | ||||