1. GENERAL TERMS AND CONDITIONS OF USE
1.1 This document sets out the terms and conditions ("Terms") of 1map Spatial Solutions (Pty) Ltd, having its registered office at 26 Richter Avenue, Uitzicht, Wellington, Western Cape, South Africa, Business Registration Number: 2012/138357/07, or any other related entity utilizing the same website as set-out below ("Service Provider" or “1map”) pertaining to the access and use of the information, products, services and functions provided on www.1map.co.za ("Website").
1.2 Should any person (including both natural and legal persons) that access the Website ("you" or "user") disagree with any of the Terms, you must refrain from accessing the Website and/or using our services.
1.3 If you are under the age of 18, you must obtain your parents' or legal guardians' advance authorization, permission and consent to be bound by these Terms before purchasing any products or services.
1.4 If you access this account for and on behalf of a legal person, you hereby warranty that you have the necessary consent and authorization to be bound by these Terms.
1.5 Service Provider reserves the right, in its sole discretion, to amend and/or replace any of, or the whole of, the Terms. Such amendments shall supersede and replace any previous Terms and shall be made available on the Website. Each time a user accesses the Website and/or uses the services, the user shall be deemed to have consented, by such access and/or use, to the Terms, as amended and/or replaced by Service Provider from time to time. If you are not satisfied with the amended Terms, you should refrain from using the Website.
1.6 We will however give you prior notice where we have collected personal information from you and the purpose for which we collected that information, is affected by the intended amendment.
1.7 If there is anything in these Terms that you do not understand then please contact us as soon as possible on the details as set-out in clause 13 below. Please note that calls to us are charged at national rates and may be monitored for training, security and quality assurance purposes.
2. CONTENT OF THE WEBSITE
2.1 Service Provider reserves the right to make improvements, to change or to discontinue, without notice, any aspect or feature of the Website and any information or content on the Website.
2.2 Service Provider reserves the right to change and amend the products, prices and rates quoted on this Website from time to time without notice. Any change in the pricing of a product or service to an existing client shall be quoted in writing and provide the user with 30 days’ notice to opt-out out of the service or product.
2.3 Service Provider may use the services of third parties to provide information on the Website. Service Provider has no control over this information and makes no representations or warranties of any nature as to its accuracy, appropriateness or correctness. The user agrees that such information is provided "as is" and that Service Provider and its online partners shall not be liable for any losses or damages that may arise from the user's reliance on it, howsoever these may arise.
2.4 Service Provider makes no representations or warranties, whether express or implied, as to the accuracy, completeness or reliability of any information, data and/or content on the Website, including without limitation:
- 2.4.1 Service Provider does not warrant that the Website or information or downloads shall be errorfree or that they shall meet any particular criteria of performance or quality. Service Provider expressly disclaims all implied warranties, including without limitation, warranties of merchantability, fitness for a particular purpose, non infringement, compatibility, security and accuracy;
- 2.4.2 Whilst Service Provider has taken reasonable measures to ensure the integrity of the Website and its contents, no warranty, whether express or implied, is given that any files, downloads or applications available via this Website are free of viruses, or any other data or code which has the ability to corrupt, damage or affect the operation of the user's system; and
- 2.4.3 Service Provider disclaims any responsibility for the verification of any claims. Information published on this Website may be done so in the format in which Service Provider receives it and statements from external parties are accepted as fact.
3. LINKED THIRD PARTY WEBSITES AND THIRD PARTY CONTENT
3.1 Service Provider may provide links to third party websites on the Website. These links are provided to the user for convenience purposes only and Service Provider does not endorse, nor does the inclusion of any link imply Service Provider's endorsement of, such websites, their owners, licensees or administrators or such websites' content or security practices and operations.
3.2 While Service Provider tries to provide links only to reputable websites or online partners, Service Provider cannot accept responsibility or liability for the information provided on other websites. Linked websites or pages are not under, nor subject to, the control of Service Provider. Service Provider is not responsible for and gives no warranties or makes any representations in respect of the privacy policies or practices of linked or any third party or advertised websites on the Website.
3.3 You agree that Service Provider shall not be held liable, directly or indirectly, in any way for the content, the use or inability to use or access any linked website or any link(s) contained in a linked website, nor for any loss or damage of any sort incurred as a result of any dealings with, or as the result of the presence of such third party linked websites on the Website. Any dealings that you may have with any linked websites, including advertisers, found on the Website, are solely between you and the third party website.
4. USAGE RESTRICTIONS
The user hereby agrees that it shall not itself, nor through a third party:
- 4.1 copy (other than for backup, archival or disaster recovery purposes), reproduce, translate, adapt, vary, modify, lease, licence, sublicence, encumber or in any other way deal with any part of the Website for any reason and in any manner, unless it is consistent with the intent and purpose of these Terms;
- 4.2 decompile, disassemble or reverse engineer any portion of the Website;
- 4.3 write and/or develop any derivative of the Website or any other software program based on the Website;
- 4.4 modify or enhance the Website. In the event of a user effecting any modifications or enhancements to the Website in breach of this clause 4, such modifications and enhancements shall be the property of Service Provider;
- 4.5 without Service Provider's prior written consent, provide, disclose, divulge or make available to or permit the use of or give access to the Website by persons other than the user;
- 4.6 use the website for any purpose, other than those specifically pertaining the relevant subscription.
- 4.7 remove any identification, trademark, copyright or other notices from the Website;
- 4.8 post or transmit, by means of reviews, comments, suggestions, ideas, questions or other information through the Website, any content which is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexuallyexplicit, profane or hateful, or racially, ethnically or otherwise objectionable content of any kind; and/or
- 4.9 notwithstanding anything contained to the contrary in these Terms, use the Website for the agreed purpose.
5.1 In order to ensure the security and reliable operation of the services to all Service Provider's users, Service Provider hereby reserves the right to take whatever action it may deem necessary to preserve the security, integrity and reliability of its network and backoffice applications.
5.2 You may not utilise the Website in any manner which may compromise the security of Service Provider's networks or tamper with the Website in any manner whatsoever, which shall include without limitation, gaining or attempting to gain unauthorised access to the Website, or delivering or attempting to deliver any unauthorised, damaging or malicious code to the Website, all of which is expressly prohibited. Any person or entity which does so, or attempts to do so, shall be held criminally liable. Further, should Service Provider suffer any damage or loss, civil damages shall be claimed by Service Provider against the user.
5.3 Any user who commits any of the offences detailed in Chapter 13 of the Electronic Communications and Transactions Act 25 of 2002 ("ECTA") (specifically sections 85 to 88 (inclusive)) shall, notwithstanding criminal prosecution, be liable for all resulting liability, loss or damages suffered and/or incurred by Service Provider and its affiliates, agents and/or partners.
5.4 The user shall be responsible for maintaining the security and password of that users account. The Service Provider shall not be liable for any loss or damage arising from your failure to maintain the security of your account or password. The user shall inform the Service Provider of any security compromise on the users account.
6. SUBSCRIPTION ACCOUNT
Account privileges are granted in accordance with the information displayed on the subscriptions page (http://1map.co.za/services/online-gis/subscriptions)_, subject to below limitations. Users will receive reasonable notice of any changes to privileges or subscription prices, after which reasonable notice period they will be granted the option of accepting the changes or their subscription being changed to Lite User status. Reasonable notice is deemed to be 30 calendar days.
The following applies to users registered under the default Lite option, with free limited rights of use:
- 6.1.1 Lite users are free to make use of privileges as made available to them free of charge.
- 6.1.2 In absence of payment, Lite users waive any rights to support. 1map will however endeavour to supply support and help as far as is possible within resource and time constraints.
- 6.1.3 Lite users can view public domain and 1map proprietary layers that 1map chooses to make available to Lite users.
- 6.1.4 Lite users are restricted from accessing SG diagrams from within 1map. Lite users are restricted to having one custom workspace.
- 6.1.5 Lite users are restricted to ten custom bookmarks.
- 6.1.6 Lite users are restricted to 15 prints generated from 1map during one month. Lite users can only print up to A4 size, can only print up to 150dpi (which is sufficient for paper printing, but not ideal for high quality publishing), and are restricted from printing aerial photography.
- 6.1.7 Lite users are restricted to only exporting up to 100 spatial objects per month.
- 6.1.8 Lite users can import 1 custom layer, which will be removed 30 days after being uploaded. Lite users cannot upload multiple shapefiles to the same layer, and each subsequent upload will erase whatever data currently lies on the user's custom layer. The custom layer is private, and cannot be shared with other users or made public.
- 6.1.9 Lite users only have access to spatial and attribute editing capabilities within the 1map Sandbox layers. Sandbox layers will be erased every 30 days.
- 6.1.10 Lite users are restricted from accessing 1map via the API.
The following applies to users that have upgraded their account to Pro status ("Pro Users"). Pro Users are awarded user privileges as below subject to paying a monthly fee as agreed:
- 6.2.1 Pro Users can view Public Domain layers, 1map Proprietary layers, and available Premium layers as made available by 1map.
- 6.2.2 Pro Users have full access to viewing and downloading SG Diagrams as made available on 1map, subject to availability via the Surveyor General.
- 6.2.3 Pro Users are allowed 10 custom workspaces in order to streamline and customise their 1map user experience.
- 6.2.4 Pro Users are allowed 100 custom bookmarks.
- 6.2.5 Pro Users are restricted to aggregate bandwidth consumption of 5GB for prints generated from 1map during one month and can only print up to 150dpi (which is sufficient for paper printing, but not ideal for high quality publishing). Pro Users can print up to AO size and can print all layers not restricted by copyright.
- 6.2.6 Pro Users are restricted to Exporting up to 10,000 spatial objects per month.
- 6.2.7 Pro Users can import data and maintain up to 5 custom layers, in aggregate not exceeding 10,000 objects. The custom layers are private and cannot be shared with other users or made public. Users can edit spatial and attribute data within their custom layers online through the 1map web application.
- 6.2.8 Pro Users have access to spatial and attribute editing capabilities within the 1map Sandbox layers, as well as their custom layers.
- 6.2.9 Pro Users are restricted from accessing 1map via the API.
The following applies to users that have upgraded their account to Premium status ("Premium Users"):
- 6.3.1 Premium Users are awarded user privileges as below subject to paying a monthly fee as agreed.
- 6.3.2 Premium Users can view Public Domain layers, 1map Proprietary layers, and available Premium layers as made available by 1map.
- 6.3.3 Premium Users have full access to viewing and downloading SG Diagrams as made available on 1map, subject to availability via the Surveyor General.
- 6.3.4 Premium Users are allowed an unlimited number of custom workspaces in order to stream line and customise their 1map user experience.
- 6.3.5 Premium Users are allowed an unlimited number of custom bookmarks.
- 6.3.6 Premium Users are restricted to aggregate bandwidth consumption of 15GB for prints generated from 1map during one month. Pro Users can print up to AO size, can generate print jobs at up to 300dpi, and can print all layers not restricted by copyright.
- 6.3.7 Premium Users are restricted to Exporting up to 250,000 spatial objects per month.
- 6.3.8 Premium Users can import data and maintain up to 10 custom layers, in aggregate not exceeding 50,000 objects. The custom layers can be shared with other specific users or made public. Users can edit spatial and attribute data within their custom layers online through the 1map web application.
- 6.3.9 Premium Users have access to spatial and attribute editing capabilities within the 1map Sandbox layers, as well as their custom layers.
- 6.3.10 Premium Users have limited access to the 1map API, exclusively for personal and development use,
- 6.3.11 and limited to a maximum of 10,000 API calls per month, unless otherwise agreed to in writing by a 1map director.
7. PAYMENT TERMS
7.1 Users are entitled to exercise any rights afforded them within the Consumer Protection Act, of 2008 ("CPA"), subject to the restrictions and conditions as set out in the CPA.
7.2 Users can cancel their contract with a 30-day notice period and will be charged only a pro-rata amount for the days for which they had access to the service.7.3 Payment Options Accepted
Payment may be made via Visa, MasterCard, Diners or American Express credit cards or by bank transfer into the 1map bank account, the details of which will be provided on request along with relevant invoice.7.4 Credit Card Acquiring and Security
Credit card transactions will be acquired for 1map via PayGate (Pty) Ltd who are the approved payment gateway for Standard Bank of South Africa. PayGate uses the strictest form of encryption, namely Secure Socket Layer 3(SSL3) and no credit card details are stored on the website. Users may go to www.paygate.co.za to view their security certificate and security policy.
8. INTELLECTUAL PROPERTY RIGHTS
8.1 For the purpose of this clause 8, the following words shall have the following meanings ascribed to them:
- 8.1.1 "Intellectual property rights" means all and any of the rights in and to intellectual property of any nature whatsoever owned and/or controlled directly or under licence by Service Provider, now or in the future, including without limitation, Service Provider's rights, title and interest in and to all technology, source code/s, trade secrets, logos, systems, methods, trademarks, trade names, styles, insignia, designs, patents and copyright, and all similar proprietary rights which may subsist in any part of the world, whether registered or not.
8.2 All copyright and other intellectual property rights in all content, trademarks, software, data, material, including logos, databases, text, graphics, icons, hyperlinks, confidential information, designs, agreements, and multimedia works, published on or via the Website ("proprietary material"), are the property of, or are licensed to, Service Provider and as such are protected from infringement by local and international legislation and treaties.
8.3 By submitting reviews, comments and/or any other content (other than your personal information) to Service Provider for posting on the Website, you automatically grant Service Provider and its affiliates a non-exclusive, royalty-free, perpetual, irrevocable right and licence to use, reproduce, publish, translate, sub-license, copy and distribute such content in whole or in part worldwide, and to incorporate it in other works in any form, media, or technology now known or hereinafter developed, for the full term of any copyright that may exist in such content. Subject to this licence, you retain any and all rights that may exist in such content.
8.4 All rights not expressly granted are reserved and no right, title or interest in any proprietary material or information contained in this Website is granted to you.
8.5 Except with Service Provider's express written permission, no proprietary material from this Website may be copied or retransmitted.
8.6 Irrespective of the existence of copyright, the user acknowledges that Service Provider is the proprietor of all material on the Website (except where a third party is indicated as the proprietor), whether it constitutes confidential information or not, and that the user has no right, title or interest in any such material.
9. RISK, LIMITATION OF LIABILITY AND INDEMNITY
9.1 The user's use of this Website and the information contained on the Website is entirely at the user's own risk and the user assumes full responsibility and risk of loss resulting from the use thereof.
9.2 The transmission of information via the internet, including without limitation email, is susceptible to monitoring and interception. The user bears all risk of transmitting information in this manner. Under no circumstances shall service provider be liable for any loss, harm, or damage suffered by the user as a result thereof. Service provider reserves the right to request independent verification of any information transmitted via email and the user consents to such verification should service provider deem it necessary.
9.3 To the extent permissible by law:
- 9.3.1 Neither Service Provider, its affiliates, shareholders, agents, consultants or employees shall be liable for any damages whatsoever, including without limitation any direct, indirect, special, incidental, consequential or punitive damages, howsoever arising (whether in an action arising out of contract, statute, delict or otherwise) related to the use of, or the inability to access or use the content of the Website or any functionality thereof, or the information contained on the website, or of any linked website, even if Service Provider knows or should reasonably have known or is expressly advised thereof.
- 9.3.2 The liability of Service Provider for faulty execution of the Website as well as all damages suffered by the user, whether direct or indirect, as a result of the malfunctioning of the Website shall be limited to Service Provider rectifying the malfunction, within a reasonable time and free of charge, provided that service provider is notified immediately of the damage or faulty execution of the website. This liability shall fall away and be expressly excluded if the user attempts to correct or allows third parties to correct or attempt to correct the website without the prior written approval of service provider. However in no event shall service provider be liable to the user for loss of profits or for special, incidental, consequential or punitive losses or damages arising out of or in connection with the website or its use or the delivery, installation, servicing, performance or use of it in combination with other computer software.
- 9.3.3 You hereby unconditionally and irrevocably indemnify service provider and agree to hold Service Provider free from all loss, damages, claims and/or costs, of whatsoever nature suffered or incurred by service provider or instituted against service provider as a direct or indirect result of:
- your use of the Website;
- 188.8.131.52 your use of the Website;
- 184.108.40.206 software, programs and support services supplied by, obtained by or modified by you or any third party without the consent or knowledge of service provider;
- 220.127.116.11 your failure to comply with any of the terms or any other requirements which service provider may impose from time to time;
- 18.104.22.168 the actions or requirements of any telecommunications authority or a supplier of telecommunications services or software; or
- 22.214.171.124 any unavailability of, or interruption in, the service which is beyond the control of service provider.
9.4 Service Provider makes no warranty or representation as to the availability, accuracy or completeness of the content of the Website. You expressly waive and renounce all your rights of whatever nature that you may have against service provider for any loss suffered by you, as a result of information supplied by Service Provider being incorrect, incomplete or inaccurate.
10.2 Personal information when used in this Policy means information that can identify you as an individual or is capable of identifying you. By personal information we don't mean general, statistical, aggregated or anonymised information.
10.3 Your use of our services signifies your consent to us collecting and using your personal information as specified below.10.4 How we collect information about you
1map collects Personal Information for the purposes of provision, development and personalization of the Site(s) and any other 1map sites, services and/or products, research and demographics, statistics and customer care. Specifically, 1map collects personal information for the purposes of personal communication with you in order to respond to your questions, and fulfil your requests. Such information may include, among other information, your name, address, contact details (e-mail address and telephone number).10.5 How we use your information
The aforementioned data will be used in the events you have so consented, to contact you for direct marketing purposes via mail, e-mail or phone to conduct market research, and to inform you of and get your feedback on upcoming products, services and/or promotions. If you send us product orders, service requirements or if you send any material to the Site(s), we might have to contact you in order to gain additional information necessary for processing or fulfilment of your orders and/or requirements. Your Personal Information will not be revealed to any third parties without your prior consent, unless required otherwise by legal regulations, or cases, when it is necessary for proceeding of your order, fulfilling of your request, or providing interactive customer service and 1map’s products and services improvement. At the same time you are granting 1map the right to provide the information you submitted to 1map for above purposes to the partners cooperating with 1map.10.6 How long do we keep your information for?
The time periods for which we keep your information may vary according to the use or purpose attached to the information. Unless there is a specific legal requirement requiring us to keep your information, however, we will not keep it for longer than necessary for the purpose for which the information was collected or for which it is to be processed.
10.7 Disclosing your information to third parties
We allocate cookies during the registration process for our services. These cookies will hold information collected during your registration and will allow us to recognise you as a customer and provide you with the services you require.10.9 How can you refuse or opt out of cookies?
- 10.9.1 By means of cookies 1map is able to further develop and improve the Site(s).
- 10.9.2 By improving the efficiency and personalisation of your experience on the Site(s), these types of cookies allow you to log in without having to type your log-in name each time and without having to add products to your shopping list each time in between two visits, if the transaction was not finished in previous visit.
- 10.9.3 No personal information about you is gathered through the use of these types of cookies. In other words, cookies are identifying your computer, not you.
- 10.9.4 If you do not wish to receive cookies, or you want to be notified when a cookie is set, you can configure your browser, if the browser allows the given settings.
- 10.9.5 If you choose to decline cookies, please, be aware, that you may not be able to fully experience the interactive features of the Site(s), nor will you be able to download certain contents and/or to take part in certain transactions on the Site(s).
- 10.9.6 Besides, the Site(s) may use different technology, which enables 1map to collect certain technical information, for example: your IP address, type of operational system in your computer, internet browser type and addresses of connected sites, in order to improve the provided services.
- 10.9.7 1map may use third party scripts on our sites to optimize the effectiveness of 1map's ads appearing on other parties' sites, such as the type and/or frequency of ads, promotions, or other marketing messages the customer views.
- 10.9.8 The information collected is not personally identifiable and is limited to the minimum information necessary to optimize effectiveness.
- 10.9.9 Available Cookie Opt-out - Google Analytics: https://tools.google.com/dlpage/gaoptout
If you'd like us to stop processing your information for marketing purposes, please write to us at the address set out in clause 13 below.
11.1 By subscribing as a user, you agree that you shall hold in the strictest confidence and not disclose to any third party information acquired in connection with any aspect of the products and/or services offered by Service Provider. You shall notify Service Provider should you discover any loss or unauthorised disclosure of the information.
11.2 Any information or material sent to Service Provider will be deemed not to be confidential, unless otherwise agreed in writing by the user and Service Provider.
12. BREACH OR CANCELLATION BY SERVICE PROVIDER
12.1 Service Provider is entitled without notice, in addition to any other remedy available to it at law or under these Terms, including obtaining an interdict, to cancel these Terms, limit or deny such user use of the Website and services, or to claim specific performance of any obligation whether or not the due date for performance has arrived, in either event without prejudice to Service Provider's right to claim damages, should any user:
- 12.1.1 breach any of these Terms;
- 12.1.2 in the sole discretion of Service Provider, use the Website in an unauthorised manner; or
- 12.1.3 infringe any statute, regulation, ordinance or law.
12.2 Breach of these Terms entitles Service Provider to take legal action without prior notice to the user and the user agrees to reimburse the costs associated with such legal action to Service Provider on an attorney and own client scale.
13. COMPLIANCE WITH SECTION 43(1) OF ECT ACT
In compliance with section 43(1) of the ECT Act, the following is noted:
- 13.1 Full name: 1map Spatial Solutions (Pty) Ltd
- 13.2 Registration number: 2012/138357/07
- 13.3 Physical address: 26 Richter Avenue, Uitzicht, Wellington, Western Cape, South Africa
- 13.4 Telephone number:
- 13.5 Website address: www.1map.co.za
- 13.6 Email address: firstname.lastname@example.org
- 13.7 Names of office bearers: Nicolaas Klopper
14. COMPLIANCE WITH LAWS
You shall comply with all applicable laws, statues, ordinances and regulations pertaining to your use of and access to this Website.
15. GOVERNING LAWS
These Terms and all disputes and claims arising out of or in connection with, shall be governed by the laws of South Africa. The Parties irrevocably and unconditionally agree what the relevant courts of Pretoria, South Africa shall have exclusive jurisdiction over all such disputes and claims.
Except as explicitly stated otherwise, any notices shall be given by email to email@example.com (in the case of Service Provider) or to the email address you have provided to Service Provider (in your case), or such other address that has been specified. Notice shall be deemed given 48 (forty eight) hours after an email is sent, unless the sending party is notified that the email address is invalid. Alternatively, Service Provider may give you notice by registered mail, postage prepaid and return receipt requested, to the address which you have provided to Service Provider. In such case, notice shall be deemed given 7 (seven) days after the date of mailing. You acknowledge that all agreements, notices or other communication required to be given in terms of the law or these Terms may be given via electronic means and that such communications shall be "in writing". Notwithstanding anything to the contrary, a written notice or communication actually received by a party shall be an adequate written notice or communication to it, notwithstanding that it was not sent to or delivered at its chosen address(es) for that purpose.
17. GENERAL CLAUSES
17.1 These Terms shall be governed in all respects by the laws of the Republic of South Africa as such laws are applied to agreements entered into and to be performed within South Africa.
17.2 This Website is controlled, operated and administered by Service Provider from its offices within the Republic of South Africa. Service Provider makes no representation that the content of the Website is appropriate or available for use outside of South Africa. Access to the Website from territories or countries where the content of the Website is illegal is prohibited. Users may not use this Website in violation of South African export laws and regulations. If the user accesses this Website from locations outside of South Africa, that user is responsible for compliance with all local laws.
17.3 Service Provider does not guarantee continuous, uninterrupted or secure access to our services, as operation of our Website may be interfered with as a result of a number of factors which are outside of our control.
17.4 If any provision of these Terms is held to be illegal, invalid or unenforceable for any reason, such provision shall be struck out from these Terms and the remaining provisions shall be enforced to the full extent of the law.
17.5 Service Provider's failure to act with respect to a breach by you or others does not constitute a waiver of our right to act with respect to subsequent or similar breaches.
17.6 You shall not be entitled to cede your rights or assign your rights or delegate your obligations in terms of these Terms to any third party without the prior written consent of Service Provider.
17.7 No party shall be bound by any express or implied term, representation, warranty, promise or the like not recorded herein, whether it induced the contract and/or whether it was negligent or not.
17.8 The head notes to the paragraphs to these Terms are inserted for reference purposes only and shall not affect the interpretation of any of the provisions to which they relate.
17.9 Words importing the singular shall include the plural and vice versa, and words importing the masculine gender shall include females and words importing persons shall include partnerships and corporate and unincorporated entities.
17.10 These Terms set forth the entire understanding and agreement between Service Provider and you with respect to the subject matter hereof.