TERMS AND CONDITIONS OF USE

These terms of use (hereinafter referred to as "Terms") constitute a special agreement between 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 some other company from the 1map Group (hereinafter referred to as "1map" or "Provider") and you, a natural person or legal entity (hereinafter referred to as "You" or "User”) who accesses an account through www.1map.co.za, which is owned and controlled by 1map, and who uses online services (hereinafter referred to as "account"). If you use the services on behalf of an organization, then you agree to these Terms for that organization and guarantee that you have the authority to bind that organization to these Terms. In that case "user" and "you" will refer to that organization. Read these terms of account use carefully, they relate also to services provided by 1map through or in relation to the account. The specific conditions for using individual services beyond these Terms are stated with each service, with their acceptance being part of the service activation process.

DEFINITIONS

Month: One calendar month, of which the first day is the day on which the subscription agreement has been entered into, and the last day is the day before the next month would begin. Example: If a user registered his Pro account on 15 March, one month would be defined as the period from 15 March to 14 April, or 15 April to 14 May, etc.

API: Application Programming Interface

1map Proprietary Layers: Layers that are owned, managed, and updated by 1map, eg. 1map Street Addresses layer.

ACCOUNT

The account provides access to services provided by 1map. The user's full name, country and valid email address are required for registration and use of the account. A user is only permitted to have 1 (one) account. Only 1 (one) user is permitted to access an Account. (For multiple user accounts, see below). You are responsible for maintaining the security of the account and password. 1map shall not be liable for any loss or damage resulting from your failure to comply with this obligation to maintain security. The user is also responsible for any activity related to the use of the account, authorized or not. If the account is compromised, you should notify the Provider immediately. You can delete your www.1map.co.za account at any time by contacting us and making the request.

DELIVERY OF SERVICE

Users of the 1map web application are entitled to use features as made available in terms of their user Account Status. Upon receipt of payment, users will be upgraded to the selected user account level. The upgrade will take place within 1 business day of payment receipt. Users will see their account status change within the web application, and a confirmation email will be sent with upgrade confirmation.

ACCOUNT STATUS

Account privileges are granted in accordance with the information displayed on the subscriptions page (http://1map.co.za/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.

  1. Lite

The following applies to users registered under the default Lite option, with free limited rights of use (“Lite Users”):

  1. Lite users are free to make use of privileges as made available to them free of charge.
  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.
  3. Lite users can view public domain and 1map proprietary layers that 1map chooses to make available to Lite users.
  4. Lite users are restricted from accessing SG diagrams from within 1map.
  5. Lite users are restricted to having one custom workspace.
  6. Lite users are restricted to ten custom bookmarks.
  7. 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 and are restricted from printing aerial photography.
  8. Litet users are restricted to only exporting up to 100 spatial objects per month.
  9. Lite users can import 1 custom layer, which will be removed 30 days after being uploaded. Lite users can not 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.
  10. Lite users only have access to spatial and attribute editing capabilities within the 1map Sandbox layers. Sandbox layers will be erased every 30 days.
  11. Lite users are restricted from accessing 1map via the API.

  1. Pro

The following applies to users that have upgraded their account to Pro status (“Pro Users”):

  1. Pro Users are awarded user privileges as below subject to paying a monthly fee as agreed.
  2. Pro Users can view Public Domain layers, 1map Proprietary layers, and available Premium layers as made available by 1map.
  3. Pro Users have full access to viewing and downloading SG Diagrams as made available on 1map, subject to availability via the Surveyor General.
  4. Pro Users are allowed 10 custom workspaces in order to streamline and customise their 1map user experience.
  5. Pro Users are allowed 100 custom bookmarks.
  6. 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 A0 size, and can print all layers not restricted by copyright.
  7. Pro Users are restricted to Exporting up to 10,000 spatial objects per month.
  8. 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.
  9. Pro Users have access to spatial and attribute editing capabilities within the 1map Sandbox layers, as well as their custom layers.
  10. Pro Users are restricted from accessing 1map via the API.

  1. Premium

The following applies to users that have upgraded their account to Premium status (“Premium Users”):

  1. Premium Users are awarded user privileges as below subject to paying a monthly fee as agreed.
  2. Premium Users can view Public Domain layers, 1map Proprietary layers, and available Premium layers as made available by 1map.
  3. Premium Users have full access to viewing and downloading SG Diagrams as made available on 1map, subject to availability via the Surveyor General.
  4. Premium Users are allowed an unlimited number of custom workspaces in order to streamline and customise their 1map user experience.
  5. Premium Users are allowed an unlimited number of custom bookmarks.
  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 A0 size, can generate print jobs at up to 300dpi, and can print all layers not restricted by copyright.
  7. Premium Users are restricted to Exporting up to 250,000 spatial objects per month.
  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.
  9. Premium Users have access to spatial and attribute editing capabilities within the 1map Sandbox layers, as well as their custom layers.
  10. Premium Users have limited access to the 1map API, exclusively for personal and development use, and limited to a maximum of 10,000 API calls per month, unless otherwise agreed to in writing by a 1map director.

ENTERPRISE PRICING

  1. Multiple User Licence

  1. 1map will negotiate reduced rates for organizations with multiple user licences. The following discounts will apply:
  1. 10+ users:        10% discount
  2. 50+ users:         20% discount
  3. 100+ users:        30% discount
  1. Multiple User Licences are quoted for and invoiced in aggregate.

  1. Concurrent user licence

  1. Concurrent user licenses (i.e. a finite number of generic user accounts) are available, and will be negotiated on a case-by-case basis, taking organization size into account.

  1. Public / Commercial API Application

  1. Public or commercial use of the 1map API is defined as any access granted to a third party (i.e. not the 1map Premium User entitled to use the API) to information obtained via the 1map API.
  2. Public or commercial use of the 1map API is subject to contractual agreement signed by an authorized 1map director.
  3. Without contractual agreement with 1map, the API is limited to personal, private and developer use.
  4. Contractual agreement and authorization to use the 1map API will not be withheld unreasonably, and will be based on profitability or public service considerations.

STUDENT PRICING

Access to students or personnel at authorized academic learning institutions are awarded free access to a Pro User account, upon providing sufficient proof of status as student or personnel. To find out more, email Nicolaas Klopper.

REFUND POLICY

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.

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.

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.

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.

MERCHANT OUTLET COUNTRY AND TRANSACTION CURRENCY

The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction currency is South African Rand (ZAR).

CUSTOMER DETAILS SEPARATE FROM CARD DETAILS

Customer details will be stored by 1map separately from card details which are entered by the client on PayGate’s secure site. For more detail on PayGate refer to www.paygate.co.za

PRIVACY INFORMATION

1map shall take all reasonable steps to protect the personal information of users. For the purpose of this clause, "personal information" shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (“PAIA”). The PAIA may be downloaded from this link. All other provisions on privacy are included in the 1map Privacy Policy.

SOFTWARE

1map or its respective suppliers own or may exercise copyright to all software available on the www.1map.co.za account sites (hereinafter referred to as "Software"). The Software can be used only in accordance with the end-user license agreement (hereinafter referred to as "License Agreement"). The License Agreement is supplied together with the Software, or comprises part of it. Software supplied with the License Agreement cannot be installed without the user's consent to the License Agreement. Other information regarding licensing, copyright, documentation and trademarks are stipulated in the Legal Information document (http://www.1map.co.za/legal).

LIMITATIONS OF USE

  1. Without express written consent obtained from 1map or its authorized officers, data obtained from use of the 1map application may not:
  1. Be made available or sold to third parties,
  2. Be hosted on or integrated into a web application or other platform for data dissemination or distribution, or
  3. Be used to create, maintain or enhance any spatial or address database.
  1. The API is to be used exclusively for application interactive use, and accessing the API through a programming loop (“robot”) is not permitted and will be blocked.

RESPONSIBILITY

1map takes responsibility for all aspects relating to the transaction including services sold on this website, customer service and support, and dispute resolution.

DISCLAIMERS

As the user, you hereby acknowledge that the www.1map.co.za account is provided “as is,” without warranty of any kind, express or implied, and to the maximum extent permitted by applicable law. Neither the Provider, its licensors or affiliates, nor the copyright holders make any representations or warranties, express or implied, including but not limited to the warranties of merchantability or fitness for a particular purpose or that www.1map.co.za account will not infringe any third party’s patents, copyrights, trademarks or other rights. The Provider or any other party make no guarantee that the functions contained in www.1map.co.za account will meet your requirements or that the operation of www.1map.co.za account will be uninterrupted or error-free. You assume all responsibility and risk for the selection and use of www.1map.co.za account to achieve your intended results and for results obtained from it.

LIMITATION OF LIABILITY

To the maximum extent permitted by applicable law, in no event shall the provider, its employees or licensors be liable for any lost profits, revenue, sales, data or costs of procurement of substitute goods or services, property damage, personal injury, interruption of business, loss of business information or for any special, direct, indirect, incidental, economic, cover, punitive, special or consequential damages, however caused and whether arising under contract, tort, negligence or other theory of liability, arising out of the use of or inability to use the www.1map.co.za account, even if the Provider or its licensors or affiliates are advised of the possibility of such damages, because some countries and jurisdictions do not allow the exclusion of liability, but may allow liability to be limited, in such cases the liability of the Provider, its employees or licensors or affiliates shall be limited to the sum that you paid to the Provider.

HOSTED DATA / DATA AVAILABILITY

1map acts as a data conduit and is not a custodian of any data other than 1map Proprietary data. 1map is subject to information being made available by relevant data custodians. Although we endeavour as far as is possible to host and display all public domain data, 1map cannot be held liable for decisions by data custodians and data vendors to withdraw their data for whatever reason from being hosted and/or displayed on 1map. Where data is provided via access to third party servers (i.e. SG Diagrams being displayed via SG servers), 1map can not be held liable for any breakdown in communication with third party servers, although 1map goes to lengths of trouble to mitigate these risks as far as feasible.

GOVERNING LAW

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.

VARIATION

1map reserves the right to revise these Terms or any portion thereof (including subscription price) at any time without prior notice by updating this document to reflect changes to the law or changes to www.1map.co.za account. You will be notified about any revision of these Terms by way of www.1map.co.za account. If you disagree with the changes to these Terms, you may cancel your www.1map.co.za account. Unless you cancel your www.1map.co.za account, you are bound by any amendments or revisions of these Terms. You are encouraged to periodically visit this page to review the current Terms that apply to your use of www.1map.co.za account.

ABOUT 1MAP

1map is a private company in the Geographic Information Systems (“GIS”) industry that specializes in high level strategic consulting services to government and private enterprise as to leveraging the power of GIS, as well as the development of online and offline GIS repositories, applications, and solutions for the international GIS community.

COMPANY INFORMATION

This website is run by 1map Spatial Solutions (Pty) Ltd, a private company based in South Africa trading as 1map and with registration number 2012/138357/07 and Johannes Nicolaas Klopper as the only Director.

COUNTRY OF DOMICILE

This website is governed by the laws of South Africa and 1map chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature, 1map Spatial Solutions (Pty) Ltd, 26 Richter Avenue, Nuwe Uitsig, Wellington, 7655, South Africa.

1MAP CONTACT DETAILS

Support: info@1map.co.za, (+27 21) 8730546, (+27 83) 4450211

DATE LAST UPDATED

4 May 2015