Terms and conditions

BACKGROUND:

This agreement applies as between you, the User of illustreets.co.uk and Xploria Ltd, the owner(s) of illustreets.co.uk. By using illustreets.co.uk you indicate that you have read and consent to be bound by the terms and conditions outlined below.

1.            Definitions and Interpretation

In this Agreement the following terms shall have the following meanings:

“Content” means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website;
“Data” means third party data represented on this Website from sources including, but not limited to: Office of National Statistics, Ordnance Survey data, Gov.uk, Police.uk, Environmental Agency, Natural England, Nestoria.co.uk, NAPTAN, Department for Education
“Learning Establishment” means any provider of education to persons of any age including, but not limited to, schools, colleges, universities and professional / adult education providers;
“Xploria” means Xploria Ltd, an entity that solely and directly owns and controls illustreets.co.uk;  Xploria Ltd is registered in the UK under Company No. 08341632;
“Service” means collectively any online facilities, tools, services or information that Xploria makes available through the Website either now or in the future;
“System” means any online communications infrastructure that Xploria makes available through the Website either now or in the future.  This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
“User” / “Users” means any third party that accesses the Website and is not employed by Xploria and acting in the course of their employment;
“Website”

means the website that you are currently using (illustreets.co.uk) and any sub-domains of this site (e.g. subdomain.illustreets.co.uk) unless expressly excluded by their own terms and conditions;
“Trademarks”

means trademarks, names, logos and service marks displayed on this website;
“Data Sources”

means third party data provider, the data of which is reproduced, interpreted or visualised in words,graphs,maps or any other imagery on this Website. Third party licenses apply to the data derived from third party data provider.

2.            Intellectual Property

Subject to the exceptions in Clause 3 of these Terms and Conditions, all Content included on the Website, unless uploaded by Users, including, but not limited to, text, graphics, logos, trademarks, icons, images, sound clips, video clips, data compilations, graphs, data tables, page layout, underlying code and software is the property of Xploria Ltd, and/or its other third party licensors.  The written content displayed on this website is owned by its respective author and may not be reproduced in whole, or in part, without the express written permission of the author. By continuing to use the Website you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws. You may print, reproduce, copy, distribute, store or in any other fashion re-use Content from the Website for as specified in Clause 4 of these Terms and Conditions and for personal or educational purposes only unless otherwise indicated on the Website or unless given express written permission to do so by Xploria Ltd.  Specifically you agree that:

2.1.1   You will not use the Content of the Website for commercial purposes;

2.1.2   You may not and shall not modify, adapt, reverse engineer or enhance the Site, its Content or the underlying code.

2.1.3   You will not systematically copy Content from the Website with a view to creating or compiling any form of comprehensive collection, compilation, directory or database unless given express written permission to do so by Xploria Ltd;

2.1.4   You may, as a student of a recognised Learning Establishment, use the Content of the Website for educational purposes provided an appropriate reference is given for all Content so applied using a suitable referencing system of your choice or as stipulated by your Learning Establishment;

2.1.5   Employees of Learning Establishments may use the Content of the Website for teaching purposes subject to the following conditions:

a)           No further consent is required for use in not-for-profit Learning Establishments.  This may include, but is not limited to, schools that charge no fees for tuition; and

b)           For use in profit-making Learning Establishments, prior written consent is required.  This may include, but is not limited to, private schools charging fees, universities and adult education providers.

3.            Third Party Intellectual Property

3.1  Where expressly indicated, certain Content and the Intellectual Property Rights subsisting therein belongs to other parties (“Data Sources”).  This Content, unless expressly stated to be so, is not covered by any permission granted by Clause 2 of these Terms and Conditions to use Content from the Website.  The exceptions in Clause 4 continue to apply.  Any such Content will be accompanied by a notice providing the location of the Data Source.  You are bound by any separate and additional use policy that may be relevant to a particular data source.

3.2  Unless otherwise expressly stated, Xploria Ltd is not and does not represent, nor is it in partnership with or commissioned by,, or that it is an agent of, any of the third parties mentioned on the Website (nor does it hold itself out as doing so).

4.            Fair Use of Intellectual Property

4.1 Material from the Website may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.

4.2        In the event that you wish to use the Website for any purpose outside of the scope of these Terms and Conditions, you must first contact Xploria Ltd by e-mail describing in full the intended use of the Website.

5.            Links to Other Websites

This Website contains links to other sites.  Unless expressly stated, these sites are not under the control of Xploria Ltd or that of our affiliates.  We assume no responsibility for the content of such Websites and disclaim liability for any and all forms of loss or damage arising out of the use of them.  The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.

6.            Links to this Website

Those wishing to place a link to this Website on other sites may do so only to the home page of the site illustreets.co.uk without prior permission.  Deep linking (i.e. links to specific pages within the site) requires the express permission of Xploria.  To find out more please contact us by email at contact[at]xploria.co.uk.

7.            Additional requirements, exceptions and your responsibilities

7.1          illustreets.co.uk contains static data, periodically updated data and live feeds to data gathered, collated and maintained by third parties. The Website does not control and cannot guarantee the relevance, timeliness, or accuracy of these outside materials.

7.2          For site security purposes and to ensure that this service remains available to all users, this system may employ software programs to monitor network traffic to identify unauthorised attempts to upload or change information, design, the underlying code or data, or otherwise cause damage. Unauthorised attempts to upload or change the Content of this Website  are strictly prohibited and may be punishable under the law

7.3          You further undertake that You will not use the Website for any purpose;

a)            that is with a purpose to interpret any of the Third Party data, its presentation or visualisation for any purpose that may be construed as offensive, illegal or anti-social, or that is intended to dishonestly manipulate or influence society or a market

8.            Privacy

8.1          Use of the Website is also governed by our Privacy Policy which is incorporated into these terms and conditions by this reference.

8.2          Privacy Policy: The Website does not place any cookies onto your computer or device. We may at some point track usage data as part of traffic analysis, but we do not connect any of that data to your person, or any of your personal information.

9.            Disclaimers

9.1          Xploria makes no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, or that it will be secure.

9.2          Whilst every reasonable endeavour has been made to ensure that all information provided on this Website will be accurate and up to date, Xploria makes no warranty or representation that this is the case.  We make no guarantee of any specific results from the use of our services.

9.3          No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.

9.4          The information on this Website is not designed with commercial purposes in mind.  Commercial use of the Content of this Website is forbidden under Clause 2.2.1 of these Terms and Conditions.  Any such use constitutes a breach of these Terms and Conditions and Xploria makes no representation or warranty that this Content is suitable for use in commercial situations or that it constitutes accurate data and / or advice on which business decisions can be based.

9.5          Whilst every effort has been made to ensure that all descriptions of services available from Xploria correspond to the actual services available, Xploria is not responsible for any variations from these descriptions.

9.6          Whilst Xploria uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, all Users are advised to take responsibility for their own security, that of their personal details and their computers.

10.         Availability of the Website and Modifications

10.1       The Service is provided “as is” and on an “as available” basis.  We give no warranty that the Service will be free of defects and / or faults.  To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.

10.2       Xploria accepts no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.

10.3       Xploria reserves the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, the products and/or services available.  These Terms and Conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.

11.         Limitation of Liability

11.1       To the maximum extent permitted by law, Xploria accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein. Users should be aware that they use the Website and itsContent at their own risk.

11.2       Nothing in these terms and conditions excludes or restricts Xploria’s liability for death or personal injury resulting from any negligence or fraud on the part of Xploria.

11.3       Whilst every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions.  This term shall apply only within jurisdictions where a particular term is illegal.

12.         No Waiver

In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

13.         Previous Terms and Conditions

In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.

14.         Third Party Rights

Nothing in these Terms and Conditions shall confer any rights upon any third party.  The agreement created by these Terms and Conditions is between you and Xploria.

15.         Communications

15.1       All notices / communications shall be given to us by email to contact[at]xploria.co.uk.  Such notice will be deemed received on the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.

16.         Law and Jurisdiction

These terms and conditions and the relationship between you and Xploria shall be governed by and construed in accordance with the Law of England and Wales and Xploria and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.