These are the terms and conditions (“Terms”) which apply to all use of this iSite website (the “Site”), which is the property of UTEC Star Net Geomatics Limited, a company registered in Scotland with Company number SC210964 and its registered address at Union Plaza (6th Floor), 1 Union Wynd, Aberdeen, AB10 1DQ (“UTEC Survey”).
Please read these Terms carefully before you start to use the Site. By using our Site you indicate that you accept these Terms in full and that you agree to abide by them. If you do not agree to these Terms, or any part thereof, please refrain from using the Site. Any breach of these Terms shall entitle us to deny you access to the Site.
UTEC Survey may revise these Terms from time-to-time. Revised Terms will apply to the use of this Site from the date of the publication. It is your responsibility to make sure that you are aware of any such amendments and you will be deemed to have accepted them if you access the Site after they have been made.
Access to the Site is permitted on a temporary basis, and UTEC Survey reserves the right to withdraw or amend the service it provides on its Site without notice. UTEC Survey will not be liable if for any reason our Site is unavailable at any time or for any period. UTEC Survey reserves the right to restrict access to any area of this Site or the entire Site at any time and UTEC Survey’s sole discretion.
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. UTEC Survey reserves the right to disable any user identification code or password, whether chosen by you or allocated by UTEC Survey, at any time, without notice and for any reason, including but not limited to where in UTEC Survey’s reasonable opinion you have failed to comply with any of these Terms.
You are responsible for making all arrangements necessary for you to have access to the Site. You are also responsible for ensuring that all persons who access the Site through your internet connection are aware of these Terms, and that they comply with them.
You must not use this Site for marketing or any purpose connected to marketing, unless expressly agreed in writing by UTEC Survey.
You may only use the Site for lawful purposes. You must not use this Site in any way which:
causes, or may cause, damage to the Site or impairment of the availability or accessibility of the Site; or
is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not illegally transmit, distribute or store any material (which shall include without limitation text, images, audio material, video material and audio-visual material), or violate any applicable law or regulation in relation thereto. This includes, without limitation, material that you submit to this Site, for whatever purpose, which is protected by copyright, trade mark, trade secret or intellectual property right which you use without permission. Your material must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or UTEC Survey or a third party (in each case under any applicable law). UTEC Survey reserves the right to edit or remove any material submitted to this Site, or stored on UTEC Survey’s servers, or hosted or published upon this Site, in accordance with these Terms.
You may not circumvent or attempt to circumvent UTEC Survey’s security systems by 'cracking', 'hacking' or otherwise. You must not use this Site to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software, and you must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this Site.
In the interests of all our users, UTEC Survey will co-operate with investigations by any law enforcement or relevant authorities of suspected criminal activity or violation of systems or network.
Intellectual property rights
Except as otherwise stated herein, all content, software and source code included or used on this Site, including text, graphics, logos, icons, images, and the arrangement and compilation of such content and any databases are the property of UTEC Survey, its affiliate or its suppliers. All such content, software and source code are protected by United Kingdom and international intellectual property laws, including, copyright laws. Except where expressly allowed under these Terms or expressly agreed by UTEC Survey, any use of such UTEC Survey intellectual property rights, software or source code, or any reproduction thereof, is strictly prohibited, and you must not:
republish such material from this Site (including republication on another website);
redistribute such material from or modify such material on, this Site;
sell, rent or sub-license such material from the Site;
show any such material from the Site in public; or
reproduce, duplicate, copy or otherwise exploit such material on this Site for a commercial purpose.
Notwithstanding the forgoing, and other than in relation to content or material you create or upload using our services, the following conditions shall also apply:
You may print off one copy, and may download extracts, of any page(s) from the Site for your personal reference and you may draw the attention of others within your organisation to material posted on our Site;
Unless otherwise expressly agreed by UTEC Survey, you must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text;
UTEC Survey’s status (and that of any identified contributors) as the authors of material on our Site must always be acknowledged;
You must not use any part of the materials on the Site for commercial purposes without obtaining express written consent to do so from UTEC Survey;
UTEC Survey may provide hyperlinks to other internet sites. UTEC Survey is not responsible for the availability of such other sites and does not endorse, and is not responsible or liable for any content, products or other materials available on such other sites.
You hereby indemnify UTEC Survey and undertake to keep UTEC Survey indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by UTEC Survey to a third party in settlement of a claim or dispute on the advice of UTEC Survey’s legal advisers) incurred or suffered by UTEC Survey arising out of any breach by you of any provision of these Terms, or arising out of any claim that you have breached any provision of these Terms.
Limitation of liability
For the purpose of these Terms, the expression “Consequential Loss” shall mean:
consequential or indirect loss under English law; and
loss of and/or deferral of production, loss of product, loss of use, loss of contracts or business relationships, loss of reputation or goodwill, loss or corruption of information or data, loss of revenue, profit or anticipated profit (if any), in each case whether direct or indirect to the extent these are not included in the bullet point above and whether or not foreseeable at the time of acceptance of these terms.
UTEC Survey will not be liable to you (whether under the law of contract, the law of tort or otherwise), and you shall save, indemnify, defend and hold harmless UTEC Survey from your Consequential Loss, arising from, relating to or in connection with the contents or use of this Site. This limitation shall apply even if UTEC Survey has been expressly advised of the potential loss.
Notwithstanding the foregoing, nothing in these Terms will exclude or limit UTEC Survey’s liability in respect of:
any death or personal injury caused by the UTEC Survey’s negligence or the negligence of its employees, agents or sub-contractors; or
any other liability which cannot be legally excluded or limited.
This Site is provided “as is” and UTEC Survey makes no representation or warranty, express or implied, in relation to this Site or the information and materials provided on this Site, or:
as to the accuracy, completeness, fitness for any particular purpose or currency of the information (including any opinions) accessible via this Site;
that the content is free from viruses or anything else that has contaminating or destructive properties including where such viruses or other programmes result in loss of or corruption to your data or other property; or
as to the operation, quality, functionality or accessibility of the Site.
Whilst UTEC Survey will use reasonable endeavors to maintain the operation of the Site in accordance with these Terms, it will not be responsible for the computer equipment and telephone services which you use to access the Site. Please also note that the Site will, on occasion, be unavailable because of maintenance and repair works which we carry out on the Site.
No other warranties, conditions, undertakings, representations, terms or other liabilities whether express or implied, statutory or otherwise (if any) arising out of or in connection with the use of (or inability to use) the Site or any material on the Site or any action or decision taken as a result of using the Site or any material on it are given.
Breach of these Terms
Without prejudice to UTEC Survey’s other rights under these Terms, if you breach these Terms in any way, UTEC Survey may take such action as UTEC Survey deems appropriate to deal with the breach, including but not limited to suspending or terminating your access to the Site, and/or bringing court proceedings against you.
UTEC Survey is entitled to assign, transfer, sub-contract or otherwise deal with UTEC Survey’s rights and/or obligations under these Terms without notifying you or obtaining your consent.
You may not assign, transfer, sub-contract or otherwise deal with your rights and/or obligations under these Terms.
Invalidity and severability
If any provision of these Terms is found by any court of administrative body of competent jurisdiction to be invalid or unenforceable, the invalidity or unenforceability shall not affect the other provisions of these Terms and all provisions not affected by such invalidity or unenforceability shall remain in full force and effect.
These Terms constitute the entire agreement between you and UTEC Survey in relation to your use of this Site, and supersede all previous agreements in respect of your use of this Site.
Law and jurisdiction
These Terms, and any non-contractual rights and obligations arising out of or in connection with it and its subject matter, shall be governed and construed in accordance with English Law and shall be subject to the exclusive jurisdiction of the English Courts.
We may update these terms and conditions as our business requires, so you may want to check them regularly.