www.insta-mapper.com is a site operated by InstaMapper (???we???, ???us??? and ???our???).
By placing an order for any products we may sell??or accessing free material through our website, email, phone or in person, you warrant that:
2.1 You are legally capable of entering into binding contracts; and
2.2 You are at least 18 years old
2.3 If you are acting on behalf of a company or other business, you further warrant that you personally have the authority to bind that company or business on whose behalf you are placing an order.
After placing an order or download, you will receive acknowledgement from us accepting your order and, if appropriate, letting you know that the service you have acquired has been registered or activated (???Acceptance Confirmation???). Your order constitutes an offer to us to buy our Services and all orders are subject to acceptance by us. The contract between us (???Contract???) will only be formed when we send you the Acceptance Confirmation. We may also decline your order for the Services for any reason, in which case we will tell you so.
The Contract will relate only to those Services we have confirmed in the Acceptance Confirmation. We will not be obliged to supply any other Services which may have been part of your order until such Services have been confirmed in a separate Acceptance Confirmation.
If you are buying as a consumer (i.e., not within the course of your business), ordinarily, the Consumer Protection (Distance Selling) Regulations 2000 allow you to cancel the Contract at any time within seven (7) working days, beginning on the day after you received the Acceptance Confirmation. However, by placing your order for the Services, you agree to us starting supply of those Services before the end of the seven working day cancellation period referred to here. As such, you will not have the right to cancel the Contract under the Consumer Protection (Distance Selling) Regulations 2000.
This provision does not otherwise affect your statutory rights
Prices are liable to change at any time. We will notify you of a change in our prices at least thirty (30) days before the price increase comes into force. Any such price increase will not be effective until the Minimum Term expires. If you do not agree to such price changes, please cancel your Services. If you do not cancel you will be deemed to have accepted the new prices, and they will be charged to your account.
You are responsible for making all arrangements necessary for you to have access to our services. You are also responsible for ensuring that all persons who access our services through your Internet connection are aware of these terms and conditions (and in particular our acceptable use policy) and that they comply with them.
- Compensation will not be given for any form of downtime or service unavailability, and although we endeavour to maintain as much server uptime as possible, we hold no responsibility for ensuring our free services remain active. We will not be held responsible from any consequential losses arising from use or unavailability of our products and services.
You will have no right, title or interest in any device ID, software service or location service provided to you and is not portable or otherwise transferable by you in any manner whatsoever.
If a device ID is re-numbered or re-allocated by us, we shall use our reasonable endeavours to avoid any disruption to you.
You agree that you shall have no right, title or interest to any device ID upon expiry or termination of the Services, and that the acquisition by you of a new??device ID following expiry or termination of the Services shall be solely your responsibility.
It is your responsibility to maintain appropriate and up-to-date back-up copies of any data, information or other material you upload (or permit to be uploaded) onto our servers (???Material???) as part of your use of the Services. In the event of loss of or damage to your Material, you will not be given access to the server back-up we maintain pursuant to our archiving procedure. If you wish to keep your route data, we recommend making regular data exports.
We will follow our archiving procedures for the data stored on our servers. In the event of any loss or damage to our servers, your sole and exclusive remedy will be for us to use reasonable commercial efforts to restore the data on our servers (including your Material) from the latest back-up we maintained in accordance with our archiving procedure. We will not be responsible for any loss, destruction, alteration or disclosure of your Material caused by you or any third party.
We have the right to remove all tracking routes and we will give reasonable notice where possible.
When using the Services, you must comply with our acceptable use policy and these are incorporated into the Contract by reference. Any conflict between these will be resolved in favour of our terms and conditions.
We shall be entitled to terminate the Contract, or suspend or terminate the provision of any individual Services, if you are in breach of our acceptable use policy.
Our support team will help resolve any problems you have with the Services you are receiving.
13.1 We do not monitor and will not have any liability for your Material or any other communication you transmit, or allow to be transmitted, by virtue of the provided Services.
13.2 Due to the public nature of the Internet, we shall not be liable for the protection of the privacy of electronic mail or any other information transferred through the Internet or via any network provider and no guarantee or representation is given that the Services will be free from hackers or unauthorised users. You shall be liable for the content of any emails transmitted by virtue of the Services, for any material you upload to, or allow to be uploaded to, our servers and for ensuring compliance at all times with all relevant legislation (including, but not limited to the Data Protection Act 1998 and all other privacy laws, regulations and guidance notes made or issued thereunder).
13.3 All conditions, terms, representations and warranties that are not expressly set out in these terms and conditions (or the documents referred to in them) are hereby expressly excluded.
13.4 We do not exclude or limit in any way our liability:
13.4.1 for death or personal injury caused by our negligence;
13.4.2 under section 2(3) of the Consumer Protection Act 1987;
13.4.3 for fraud or fraudulent misrepresentation; or
13.4.4 for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
13.5 We will not be responsible for the following types of losses (in each case whether direct, indirect or consequential) and whether they are caused by our negligence or otherwise:
13.5.1 loss of income or revenue;
13.5.2 loss of business;
13.5.3 loss of profits or contracts;
13.5.4 loss of anticipated savings;
13.5.5 loss of goodwill;
13.5.6 loss of software or data;
13.5.7 wasted expenditure (such as pay per click advertising costs); or
13.5.8 wasted management or office time.
13.6 Our maximum aggregate liability under or in connection with the performance or contemplated performance of the Contract, whether in contract, tort (including negligence) or otherwise, shall in no circumstances exceed one hundred and ten (110) per cent of the price you have paid to us for the Services during the twelve (12) months preceding the event giving rise to the liability in question. Accordingly, you are advised to acquire business interruption insurance, or other appropriate insurance, to protect you and your business in the event of interruption of the Services (in particular the Location Service).
- Data protection / Privacy:
14.1 Instamapper only shares your location publicly if your sharing is turned on for your device at that time, it remains your responsibility to monitor who your sharing URL and device ID is shared with. If you have any doubts please generate a new device ID.
14.2 InstaMapper reserves the right to publish your location in order to publicise global application usage, however we will never associate names or identities to location without seeking prior permission
14.3 Your location data (barring the exceptions outlined in 14.2) will not be shared with third parties.
14.4 InstaMapper does not condone the use of covert tracking. Any use of InstaMappers products or services must be done with the full consent of any individual persons (or their possessions) subject to tracking.
- Fair Usage:
15.1 We reserve the right to monitor API and iFrame usage.
15.2 API/Iframe usage is subject to a fair usage policy. We reserve the right to terminate your API usage if your data consumption is deemed to be excessive or we are receiving above or around 20000 requests per day.
- Use of the iFrame requires the InstaMapper hyperlink to be displayed in an unmodified format.
- Instamapper reserves the right to modify or remove features from our applications without further notice.