1. DEFINITIONS

In these terms and conditions and thoroughout the grough route application, associated documents and web pages, the following definitions apply:

“Service” refers to all the services provided by grough Limited’s website and route application, including datasets incorporated in to products;

“grough route” is the name of the mapping and route planning and sharing service, including associated documentation and sub-sites provided by grough Limited;

“grough” means grough Limited, and the products and services provided by grough Limited;

“Site” means all the web services provided by grough regardless of domain name, including the magazine and grough route;

“Dataset” means a set of data spanning a geographical area of raster mapping; vector mapping; digital elevation data (DEMs); sets of co-ordinates or points representing features or georeferenced data of other types;

“Account” means a user account handled by an e-mail address and password, with a valid subscription to the services being used;

“Subscription holder” and “holder of subscription” means a user who is entitled to use the services as per the terms of this document, and/or the person responsible for the payment for a subscription; for the avoidance of doubt a subscription may have more than one subscription holder; for the avoidance of doubt, a subscription may not necessarily require payment or be time-limited, such criteria are determined at the time when the subscription begins;

“Fair use” means the amount of use and associated consumption of data from the service that would reasonably be expected for a user complying in full with the terms of this agreement; whereby use is not considered to be fair when the use is disproportionate to the extent that the quality of service made available to other users is impinged; notwithstanding that fair use may be judged against a percentile measure of mapping consumption;

“Credit” means a positive number representing the number of times a subscription is entitled to carry out a task or operation, and has no monetary value once assigned to a subscription as credits;

“Subscription” means a time-limited or otherwise period of authorised access granted to a specific individual or group as per the terms of the licence, permitting use of the grough route service, and may be subject to further limitations as set out when establishing the subscription or in further changes made from time to time, such as a limit on some of the datasets available.

2. GENERAL

1. This is an agreement between the holder(s) of a subscription and grough Limited, registered office 2 Spring Wells, Oakworth, Keighley, BD22 0QZ, registered in England and Wales and its registered number is 06881144;
2. Headings in this document are provided to assist reading only and do not change or contribute to the meaning of the terms listed under them;
3. Where account credits are referred to in this agreement, this term is used in a purely numeric sense and where refunds of credit are mentioned this does not equate to a monetary payment;
4. Credits may not be resold or transferred;
5. Routes and points of interest may only be identified and created through the provided features, by providing a series of waypoints through mouse and keyboard interaction with the map or by entering co-ordinates; no third-party software or add-ons may be used to assist in the creation of routes, other than the provided import functions;
   1. Users of the service grant grough a royalty-free, perpetual, non-exclusive and irrevocable, non-transferrable licence to use, modify, reproduce and display the data within the grough route system, and other services managed and maintained by grough Limited;
   2. grough will only use the data in accordance with the permissions and sharing settings within the application, and will take all reasonable measures to ensure that data marked as private will only be shown to the original author of the route, point or other data under the licence granted; for the avoidance of doubt, grough staff and external contractors may be entitled to access data marked as private and stored on grough systems, and will do so in accordance with company policies on privacy and data security;
   3. The user-generated route represents derived data from Ordnance Survey mapping, and as such is subject to the terms and conditions of this mapping provider;
6. Routes and points of interest may only be identified and created using Ordnance Survey 1:25,000 and 1:50,000 mapping; for the avoidance of doubt the alteration of reverse-engineering of the software to alter this is prohibited;
7. The grough route software may only be used within a web browser;
8. The grough route software is supplied in an obfuscated and compressed form and reversing this process or reverse engineering the software is not permitted;
9. Where open source components have been used in the grough route software, their licenses permit commercial use and modification, or otherwise the component remains a separate part of the software and will not have been modified;
10. The removal or blocking of copyright notices and logos is prohibited, for the avoidance of doubt this includes plots, prints and exports;
11. This agreement does not affect your statutory rights;
12. Further to this agreement, the services are also covered by the general policies of grough Limited available on the main website, including the privacy policy and terms and conditions; for the avoidance of doubt where clauses or sections may appear to contradict, this agreement takes precedence over all others;

3. SUBSCRIPTION

1. Unless otherwise stated as part of an explicit agreement, the subscription is specific to a single individual, as declared when the subscription period began;
2. Where a subscription is specific to a single person, no other person is permitted to make use of the services provided by the subscription;
3. For the avoidance of doubt, unless otherwise agreed the subscription holder and only person entitled to use a subscription is the person who made the initial payment;
4. grough will collect data on some operations performed within the services and reference this data to the account and subscription;
   1. grough will use this data to track the royalties and payments which grough Limited is required to pay as per its contractual obligations;
   2. Where it is suspected that an account and/or subscription is being used by more persons than permitted, grough may use this data to assess whether a violation of this agreement and its terms and conditions has occurred and take action accordingly;
5. If grough has reasonable suspicion that a subscription and/or account is being used by people other than those permitted by prior agreement (ordinarily the subscription holder), grough reserves the right to terminate the subscription and contract with a user as per the terms listed under “Termination”, or take legal action;
6. Services provided through a valid subscription are offered on a basis of fair use and must not impinge the quality of service provided to other accounts;
7. Unless otherwise agreed and stated in writing, a subscription may only be used for personal, non-commercial use;
8. A subscription is non-transferrable from one user account to another;
9. The services may not be used to assist or carry out any activities judged to be illegal under the laws of England and Wales or Scotland or Northern Ireland or under the jurisdiction of the territory in which the subscriber resides or accesses the service;
10. grough reserves the right to terminate a subscription as per the terms listed under “Termination” where a subscription’s use is likely to bring grough Limited, Ordnance Survey or Multi Media Mapping Limited in to disrepute or harm in any way the good name of these companies;

4. PRINTING AND PLOTTING

1. The service may not be used to generate paper plots larger than A4 in size (625 cm²) and all copies shall be made for personal, non-commercial use only unless otherwise agreed in writing as part of an additional contract or agreement;
2. No more than 10 paper copies of any single page of mapping may be made unless otherwise agreed or pursuant to an additional agreement or contract;
3. Paper or digital copies of plots come with no right to sublicense, resell, assign or otherwise transfer any of the licensed data contained within;
4. All paper copies of mapping must contain the footer bar detailing the legal status of mapping, and the Ordnance Survey logo;
5. No digital copies of plots may be stored or used redistributed unless agreed or permitted under a written agreement with grough or Ordnance Survey;
6. Where a print credit is debited in accordance with the number of pages comprising a single print task, no allowance shall be made for errors occurring outside the control of grough; for the avoidance of doubt this includes printer and internet connection errors;
7. Where it can reasonably be asserted or proved that erroneous printing occurred as a result of a problem for which grough is responsible, print credit will be refunded to an account; for the avoidance of doubt, this may not be automatic and may require notification to grough before refund occurs; credit will be restored to the account within a reasonable time, including if necessary the time taken for third-parties involved in the hosting and delivery process to respond to queries that may affect the decision;

5. EXPORT AND IMPORT OF DATA

1. Exporting data from the services must only be carried out through the proper mechanisms provided;
2. Exported routes cannot be used for real-time navigation services where instructions are given guiding on a step-by-step basis a person to a destination based on their position and/or movement of the person or device during the journey as would be normal in vehicular satellite navigation systems;
3. Exported routes cannot be used for scheduling or tracking services;
4. Data may only be imported by persons who are legally entitled to access, manipulate and license the data to grough and other associated users; for the avoidance of doubt grough will not take ownership of copyright, but once edited data will be subject to the constraints (including Crown Copyright) on derived data stipulated by Ordnance Survey;
5. Where routes or points of interest are imported from a file or device, the following applies;
   1. The uploader grants grough a royalty-free, perpetual, non-exclusive and irrevocable, non-transferrable licence to use, modify, reproduce and display the data within the grough route system, and other services managed and maintained by grough Limited; for the avoidance of doubt this includes grough permitting other subscription holders to download the route where permitted;
   2. grough will only use the data in accordance with the permissions and sharing settings within the application, and will take all reasonable measures to ensure that data marked as private will only be shown to the original author of the route, point or other data under the licence granted; for the avoidance of doubt, grough staff and external contractors may be entitled to access data marked as private and stored on grough systems, and will do so in accordance with company policies on privacy and data security;
   3. If the route is edited once imported, the route will from then onwards be classed as a user-generated route, representing derived data from Ordnance Survey mapping, and as such is subject to the terms and conditions of this mapping provider;

6. TERMINATION

1. grough reserves the right to terminate the subscription of any customer immediately who fails to abide by the terms of this agreement, without payment or refund;
2. grough reserves the right to terminate the subscription of any customer following 10 business days notice in writing or by e-mail, and will refund the customer with a proportional value of the total subscription cost equal to the remaining time for the subscription within the standard duration of the subscription;
3. The holder of a subscription may cancel their subscription at any time, but will not be automatically entitled to a monetary refund outside the bounds of their normal statutory rights;
4. Where refunds are given, payment will be made within 28 days and sent electronically to the account from which the subscription payment came, or by cheque sent by post;

7. DATA ACCESSED THROUGH THE SERVICES

1. The output of any request to any of the grough servers may not be stored other than in the normal course of a browser caching process; where HTTP protocol headers specify that caching is not permitted or that content has expired already at time of arrival, no caching will be permitted, as would be normal behaviour in browsers; the overriding of the browser’s normal caching process in order to gain access or store data received from the services is not permitted;
2. Users of the service may not take any steps to impede or prohibit the normal course of logging taking place by the services, and likewise may not intercept or change any outgoing requests sent to the server-side system and databases, or map tile requests;
3. Where images or response data is cached, the cached data may not be modified, accessed or stored other than in the course of normal browser operation when using the normal procedures and functions provided by the services;
4. Unless otherwise agreed in writing or in another agreement or contract, the services and data delivered through the services may only be used for personal, non-commercial use with no right to sublicense, resell, assign or otherwise transfer any of the data contained in the services;
5. Mapping, elevation, route, point of interest, authentication, gazetteer, plot, export data and any other data stored on the grough route servers may only be accessed through the integrated token authentication mechanism, which is linked to user accounts on the grough Limited websites; for the avoidance of doubt, no user account or token assigned to a user account may be used by any person other than those to which the account is registered and the subscription is associated with;
6. Where data originally provided by other subscription holders (for example routes) is downloaded from the services, the data is licensed to the subscription holder for use and modification, but may not be sold, resold, assigned or otherwise transferred, and the original creator of the route shall retain copyright;

8. PAYMENT

1. grough may cancel a subscription as per the terms listed under “Termination” where payment is not received, payment is made fraudulently, or payment is not made in accordance with the laws of England and Wales, or Scotland or Northern Ireland or under the jurisdiction of the territory in which the subscriber resides or accesses the services;
2. No access shall be provided to the services until a cleared payment has been received in full, where required;
3. Where additional payment is required for upgrades or additional services, the upgrade or additional services shall not take effect or become accessible on a subscription until cleared payment has been received in full;
4. Payment shall be made only in the forms deemed to be acceptable by grough; all PayPal transactions are subject to the PayPal privacy policy;
5. grough reserves the right to refuse payment from an individual or organisation and subsequently refuse to grant a subscription; for the avoidance of doubt this includes refusing to grant a continuation or renewal of a subscription;

9. WARRANTY

1. Use of grough’s services is governed by the laws of England and Wales and all other jurisdictions are excluded. Users of grough’s services agree to indemnify grough, its staff, employees and representatives from any and all claims and liabilities, including legal costs, which arise from their contributions, submissions and other material posted on any of our websites, forums and message boards, the services and any other services we offer from time to time;
2. grough is unable to take responsibility for the actions carried out by persons using information gathered from the services or other grough websites, including but not limited to personal injury, death and all forms of loss;
3. Users of the services agree not to use the services or contribute to the services in any form that is: illegal, unlawful, defamatory, libellous, abusive, threatening, obscene as defined by the laws of England and Wales and of Scotland and of Northern Ireland; invasive of privacy (including but not limited to home addresses, telephone numbers and other details of persons without prior consent); furthermore users agree to undertake not to contribute data or material that may cause offence to any person by nature of their: race or nationality; sex or gender; sexual orientation; disability or health; including HIV and AIDS; age;
4. grough does not screen content on the services prior to it being visible, though will take all reasonable measures to ensure content is appropriate and correct if brought to the attention of staff;
5. grough takes great care to ensure that the files hosted on our servers and the services provided are free or viruses, malware and other harmful content, but in the event that such items may be found grough is unable to take responsibility for any consequences; if you believe there to be a risk to the security of our users then please contact grough with as much detail as possible;
6. grough will provide support and assistance to users through e-mail communication only, and is unable to provide any guarantee as to the timeframe or extent to which we will be able to resolve problems;
7. grough will take precautions to ensure data security and reliability of service, but in the event of data loss or downtime cannot commit to provide monetary compensation, and will review each incident on a case-by-case basis; in the event of significant downtime of the services, grough will consider extending the subscriptions of all users first and foremost;

10. CHANGES TO THIS DOCUMENT

1. grough reserves the right to make changes to this document from time to time, and when it does will notify all holders of subscriptions by e-mail, including details of the relevant changes and the likely consequences for users.