Legal Notices
Website Copyright & Trademarks - Terms of Use:
(last updated 8 September 2008)
No portion of this Web page or services may be reproduced in any form or by any means without the express written permission of Invar Mapping Surveys.
1. Acceptance of Terms Through Use.
WELCOME TO THE INVAR TECHNICAL SERVICES WEB SITE. BY ACCESSING THIS WEB SITE ("SITE"), YOU ARE AGREEING TO BE BOUND BY ALL TERMS, CONDITIONS, AND NOTICES CONTAINED OR REFERENCED IN THE CURRENTLY POSTED "TERMS OF USE." THE TERMS OF USE ARE A LEGAL AGREEMENT BETWEEN YOU AND INVAR TECHNICAL SERVICES ("ITS"), AND ARE INTENDED TO HAVE THE SAME FORCE AND EFFECT AS IF THEY HAD BEEN SIGNED BY THE PARTIES. IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT USE THIS SITE.
Please note that ITS reserves the right to update and change these Terms of Use from time to time at its sole discretion. Please check the Terms of Use periodically for changes. Your continued use of this Site following the posting of any changes to the Terms of Use will confirm your acceptance of those changes. In the case of any violation of these Terms of Use, ITS reserves the right to seek all remedies available in law and equity for such violations.
2. Title and Ownership
All right, title and interest in and to the Site and to the content and other information and materials available on this Site or directly from ITS (collectively the "Materials") are proprietary to ITS and its suppliers and are protected by worldwide copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. All rights not expressly granted under these Terms of Use are retained by ITS and its suppliers.
3. Limited License to Use Site
The Materials at this Site are copyrighted and any unauthorized use of the Materials may violate copyright, trademark, and other laws. You may print out or download on a single computer, one copy of the Materials found on the Site for your personal, non-commercial internal use only, unless specifically licensed to do otherwise by ITS in writing or as allowed by any license terms which accompany or are provided with individual Materials. The above notwithstanding, if you are a commercial user of ITS products you may print out and use a reasonable number of copies of Materials related to those specific ITS products solely in connection with your authorized use of such products. This is a license, not a transfer of title, and is subject to the following restrictions: you may not: (a) modify the Materials or use them for any public display, performance, sale, rental, or for any commercial purpose except as otherwise authorized above; (b) remove any copyright or other proprietary notices from the Materials; (d) transfer the Materials to another person. You agree to prevent any unauthorized copying of the Materials.
4. Termination of this License
If you violate these Terms of Use, your authorization to use this Site automatically terminates and you must immediately discontinue use of and destroy any downloaded or printed Materials obtained from the Site and directly from ITS.
5. Products and Services
ITS's obligations with respect to its products and services are governed solely by the agreements under which they are provided. If you obtain a product or service from ITS through this Site or other channel that is provided without an agreement, that product or service is provided "AS-IS" with no warranties whatsoever, express or implied, and your use of that product or service is at your own risk.
Such services may be provided subject to the terms and conditions of a separate use or license agreement applicable to the specific service, and posted at such .
6. General Disclaimer and Limitation of Liability
Although ITS has attempted to provide accurate information on this Site, ITS assumes no responsibility for the accuracy of the information or Materials; nor does ITS warrant that the information or Materials are up to date; that this Site will be available at any particular time or location; that any defects or errors will be corrected; or that the Materials are free of viruses or other harmful components. Your use of this Site is at your sole risk. ITS may change the Materials or products mentioned at any time without notice. Mention of non-ITS products or services is for information purposes only and constitutes neither an endorsement nor a recommendation.
ALL INFORMATION AND MATERIALS PROVIDED ON THIS WEB SITE ARE PROVIDED "AS IS" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTIBILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR A PARTICULAR PURPOSE.
IN NO EVENT SHALL ITS OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, BUSINESS INTERRUPTION, COSTS OF REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE THIS SITE OR ANY ITS PRODUCT OR SERVICE, DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENT, EVEN IF ITS OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
7. User Communications
ITS does not wish to receive confidential or proprietary information from you through our Site, except as may be necessary to enable us to provide products or services requested by you. Please note that other than personal identifying information required for such purposes, any information or communication you transmit or post to this Site, and any data, images, sounds, text, and other material embodied therein ("User Communication(s)") will be considered non-confidential and non-proprietary. By submitting User Communications to this Site you: (i) agree that ITS and its designees may disclose, reproduce, display, perform, adapt, modify, distribute, have distributed, and otherwise use such User Communications in any form, anywhere and for any purpose, unless ITS has by another writing agreed to limit its use thereof; (ii) agree that ITS is free to use any ideas, concepts, know-how or techniques that you send us for any purpose; and (iii) warrant and represent that the public posting and use of your User Communications by ITS will not infringe or violate the rights of any third party. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libellous, defamatory, obscene, scandalous, inflammatory, pornographic, or any other material that could give rise to any civil or criminal liability under the law.
8. Removal of Materials and Discontinuation of Service; Termination of Authorization to Use Site
ITS reserves the right to remove Materials or discontinue services available on this Site with or without notice. ITS further reserves the right to terminate your authorization to use any services at this Site; to terminate your password, if any; and to delete any one or more of your related accounts; for any reason or for no reason, immediately and at any time.
9. Links to Third Party Sites
This Web Site may contain links to third party sites. Access to any other Internet site linked to this Web Site is at the user's own risk. ITS does not control, and is not responsible for the accuracy or reliability of any information, materials, data, opinions, advice or statements made on those sites, or about any products found at those sites, or about any search results that may be obtained from using them. ITS provides these links merely as a convenience and the inclusion of such links does not imply an endorsement.
10. Linking to the ITS Web Site
Generally, ITS does not require third parties to request permission to place a link on their Web site to a ITS Web page. ITS does not ordinarily object to such links if you refer to our company name or product names in a plain text font and format, follow our general trademark guidelines, and use appropriate wording such as "This way to Invar Mapping Surveys, Land Surveyors" or "Click here for more information on ITS products." By placing a link on your web site to a ITS web page, however, you agree to promptly remove such link at ITS's request. The link may only connect web pages, and shall not connect to individual text files (e.g., PDF, DOC) or graphics. Framing is not permitted. You may not use the ITS corporate logo or any other ITS logo, graphic or trademark to link to ITS, except as part of a ITS authorized linking and logo use program, or as otherwise agreed to in writing by ITS. For information on ITS authorized linking and logo use programs, you may contact
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14. Indemnification
Upon a request by ITS, you agree to defend, indemnify, and hold harmless ITS and its subsidiaries, affiliates, agents, co-branders or other business partners, and its and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney's fees, that arise from your use or misuse of this Site. ITS reserves the right, at it own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you agree to cooperate with ITS in asserting any available defences.
15. International
This Site is administered by ITS from its offices at Suit 6, The Old Bakery, Main Road, Pontesbury, Shropshire SY5 0RR. ITS makes no representation that Materials on this site are appropriate or available for use in locations outside the UK, and accessing them from territories where the Materials are illegal is prohibited. You may not use or export or re-export the Materials at this Site or any copy or adaptation in violation of any applicable laws or regulations including, without limitation, UK export laws and regulations. If you choose to access this site from locations outside the UK, you do so on your own initiative and are responsible for compliance with applicable local laws.
16. Choice of Law and Forum
These Terms of Use shall be governed by and construed in accordance with the laws of the United Kingdom, without reference to "conflicts of laws" provisions or principles. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of this Site shall lie exclusively in, or be transferred to the courts of the United Kingdom and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of adjudicating any such claim or action.
17. General Provisions
Except as otherwise specified herein, these Terms of Use constitute the entire agreement between you and ITS with respect to your use of this Site and supersedes all prior or contemporaneous communication s and proposals (whether oral, written, or electronic) between you and ITS with respect to use of this Site. You also may be subject to additional terms and conditions that may apply when you use content, materials, software, or services provided by third party providers to this Site. Any rights not otherwise expressly granted by this Agreement are reserved by ITS. The failure of ITS to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any part of these Terms of Use is held invalid or unenforceable, by a court of competent jurisdiction, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this Site must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Terms and Conditions of Trading:
(Last updated 7th March 2006)
1. Acceptance of Terms Through Use.
BY ACCEPTING OUR SURVEY QUOTATIONS, THE CLIENT OR AGENT OF THE CLIENT ("Client") IS AGREEING TO BE BOUND BY ALL TERMS, CONDITIONS, AND NOTICES CONTAINED OR REFERENCED IN THE FOLLOWING TERMS OF TRADING ("TERMS"). THESE TERMS OF TRADING ARE A LEGAL AGREEMENT BETWEEN THE CLIENT AND INVAR TECHNICAL SERVICES ("ITS"), AND ARE INTENDED TO HAVE THE SAME FORCE AND EFFECT AS IF THEY HAD BEEN SIGNED BY BOTH PARTIES. IF THE CLIENT DOES NOT AGREE TO THESE TERMS, THEN THE CLIENT MUST NOT ACCEPT OUR QUOTATION WITHOUT FURTHER REFERENCE TO ONE OF THE PARTNERS OF ITS.
Please note that ITS reserves the right to update and change these Terms of Trading from time to time at its sole discretion. Please check the Terms of Trading periodically for changes. Clients continuing Trading following the posting of any changes to the Terms of Trading will confirm acceptance of those changes. In the case of any violation of these Terms of Trading, ITS reserves the right to seek all remedies available in law and equity for such violations.
2. Title and Ownership
All right, title and interest in all surveys, drawings and computations and their content and other information and materials available from ITS (collectively the "Materials") are proprietary to ITS and its suppliers and are protected by worldwide copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. All rights not expressly granted under these Terms of Trading are retained by ITS and its suppliers until such time as full payment is received by ITS for those Materials.
3. Limited License to Using Materials Supplied by INVAR TECHNICAL SERVICES.
The Materials provided by ITS are copyright and any unauthorized use of the Materials may violate copyright, trademark, and other laws. The Client may print out, one copy of the Materials provided for the Client’s personal, non-commercial internal use only, unless specifically licensed to do otherwise by ITS in writing or as allowed by any license terms which accompany or are provided with individual Materials. The above notwithstanding, if the Client is a commercial user of ITS products the Client may print out and use a reasonable number of copies of Materials related to those specific ITS products solely in connection with the Client’s authorized use of such products. This is a license, not a transfer of title, and is subject to the following restrictions: the Client may not: (a) modify the Materials or use them for any public display, performance, sale, rental, or for any commercial purpose except as otherwise authorized above; (b) remove any copyright or other proprietary notices from the Materials; (d) transfer the Materials to another person. The Client agrees to prevent any unauthorized copying of the Materials. Title to the Materials will be passed on to the Client on receipt of the sum quoted for the Materials plus any agreed extras and the VAT due on the total amount.
4. Termination of this License
If the Client violates these Terms of Trading, the Client’s authorization to use the Materials automatically terminates and the Client must immediately discontinue use of and destroy printed Materials obtained from the Site.
5. Products and Services
ITS's obligations with respect to its products and services are governed solely by the agreements under which they are provided. If the Client obtains a product or service from ITS that is provided without an agreement, that product or service is provided "AS-IS" with no warranties whatsoever, express or implied, and the Client’s use of that product or service is at the Client’s own risk.
Such services may be provided subject to the terms and conditions of a separate use or license agreement applicable to the specific service.
6. General Disclaimer and Limitation of Liability
ITS endeavours to provide accurate information at all times. In the event that it is proven that inaccurate Materials have been supplied by ITS, causing a claim to be made against ITS, then ITS in accepting the instruction to carry out the Client’s instructions limits liability for each and every claim UP TO the Indemnity Limit and NOT ABOVE the Indemnity Limit of the ITS Professional Indemnity Insurance in force at the time of the supply of the inaccurate Materials. A current copy of the Certificate of Professional Indemnity Insurance is available on request. If the Client requires a higher value indemnity for a specific contract or contracts then the Client must refer that requirement to ITS before acceptance of any quotation from ITS.
7. General Provisions
Except as otherwise specified herein, these Terms of Trading constitute the entire agreement between the Client and ITS with respect to the Client Trading with ITS and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between the Client and ITS with respect to Trading with ITS. Any rights not otherwise expressly granted by this Agreement are reserved by ITS. The failure of ITS to exercise or enforce any right or provision of the Terms of Trading shall not constitute a waiver of such right or provision. If any part of these Terms of Trading is held invalid or unenforceable, by a court of competent jurisdiction, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible the original intentions of the parties and the remaining portions shall remain in full force and effect. The Client agrees that regardless of any statute or law to the contrary, any claim or causing of action arising out of or related to Trading with ITS must be filed within one (1) year after such claim or causing of action arose or be forever barred.