iPLANiT Limited (“iPLANiT”) having registered offices at 24 Fitzwilliam Place, Dublin 2, Ireland, will supply and the customer shall accept and pay for access to the Dynamic Route Maps online web frontend delivery mechanism (“DRM”) which feeds data from a hosted server, currently Microsoft Azure, to the customer’s website (the “Services”) upon and subject to any customer agreement and iPLANiT’s standard terms and conditions (the “STCs”).
These STCs govern the license, access to and use of, www.dynamicroutemaps.com (the “Site”) and the Services.
By accessing the Site the customer agrees to be bound by these STCs, please read them carefully. iPLANiT reserve the right to change the STCs at any time. Accordingly, we recommend that you check this page periodically in order to review our current STCs. These STCs shall be binding upon anyone who accesses the Services (the “Customer”).
iPLANiT grants the Customer a non exclusive, non transferable (including non-assignable), revocable licence to the Services subject to the STCs herein. No title or right of ownership, copyright or other intellectual property right in the Services shall pass to the Customer by virtue of these STCs or otherwise.
The STCs herein apply to any demonstration period of access to the Services which is granted to the Customer.
On the expiry of any demonstration period and where the Customer confirms in writing that it does not wish to accept the Services thereafter, the Customer’s data will be returned to the Customer and no copy will be retained by iPLANiT.
Within fourteen (14) days of iPLANiT’s delivery of and the Customer’s access to the Services or any upgrade to the Services, the Customer shall, if required and where necessary, conduct such tests on the Services as it deems appropriate and will notify iPLANiT of any instances where the Services do not meet any agreed description. If iPLANiT receive such notices then within 7 days from the receipt of such notice, it shall take such actions as are necessary to allow the Services to meet the agreed description. Such testing and notification and remedial action shall be repeated until the Customer accepts the Services as performing in accordance with the description and provides notice thereof to iPLANiT that it has accepted the Services.
If the Customer fails to provide notification of acceptance to iPLANiT but uses the Services or any part thereof for commercial purposes before delivering acceptance to iPLANiT, the Customer will be deemed to have accepted the Services. The acceptance date shall be deemed to be the earlier of the date that iPLANiT receive notice of acceptance from the Customer or the date the Services are first used for commercial purposes by the Customer.
The Site and the Services and all information, products and other content are provided on an “as is” or “as available” basis and are subject to change at any time without notice to the Customer. iPLANiT make no representations or warranties of any kind, whether express or implied, as to the operations of the Site, the information, content, materials, or products included or offered for sale on the Site. iPLANiT disclaim all warranties, express or implied, including but not limited to implied warranties of merchantable quality and fitness for a particular purpose.
iPLANiT may terminate, change, suspend or discontinue the Services, including the availability of any elements of the Site, with 30 days prior notice to the Customer.
Limitation of Liability
The Customer hereby agrees that iPLANiT shall not be liable for any loss, interruption of business, or any indirect, special, incidental, punitive or consequential damages of any kind (including loss of profits) regardless of the form of action, whether in contract, tort or otherwise. No oral advice or written information given by iPLANiT, iPLANiT’s affiliates, iPLANiT’s agents, iPLANiT’s directors, iPLANiT’s employees or the like, shall create a warranty, nor will the Customer rely on any such information or advice. DRM utilises a Microsoft Silverlight component that feeds data from a hosted server, currently this server is Microsoft Azure, and iPLANiT reserves the right to change the server provider without notice to the Customer.
iPLANiT reserves the right to exclude the Customer or any particular employee of the Customer from the Services where there has been a breach or a suspected breach of these STCs.
iPLANiT in particular make no warranty that:
a) the Site and the Services will meet the Customer’s requirements;
b) the Site and the Services will be available on an uninterrupted, timely, and secure or error free basis;
c) the results that may be obtained from the use of the Site and the Services will be accurate or reliable; or
d) the quality of any products, Services, information or the material purchased or obtained by the Customer through the Site will meet the Customer’s expectations.
iPLANiT does not accept liability (except as set out below) for any errors and omissions and reserves the right to change information, prices and descriptions of listed products and Services without any notification other than as posted on the Site. It is the Customer’s responsibility to keep itself updated by checking the Site in this regard. It is the Customer’s sole responsibility to update the data which feeds the DRM to their own website.
iPLANiT will do its best to correct errors and omissions as quickly as practicable after being notified of them.
All account information requested by iPLANiT must be completed fully and accurately by the Customer. It is the responsibility of the Customer to input all data required to feed the Services.
To open an account and access and use the Services, the Customer must provide true and accurate information as captured by iPLANiT’s online registration form. The Customer agrees that it shall update such information to keep it accurate. The Customer shall provide a valid email address(es) belonging to them and choose a password(s). The Customer is entirely responsible for the privacy and confidentiality of their own email address(es) and password(s) used to access the Site and the Services.
The Customer shall only allow authorised employees to have access to the Services. The Customer is responsible for the actions and omissions of each of its employees or otherwise who access the Services.
The Customer agrees to take all commercially reasonable precautions to prevent unauthorised third parties from accessing or using the Services. All Site activities that can be traced to the Customer’s email address and password are deemed as having been performed by the Customer. iPLANiT does not assume any liability for content of messages sent by the Customer.
The Customer is fully responsible for any charges and liabilities incurred through the use of the Site and the Services. iPLANiT may permanently or temporarily disable access to the Site and the Services if iPLANiT receive notice of unauthorised use of Customer accounts or if usage of any account exceeds normal usage patterns within a short time period.
The Customer agrees to immediately notify iPLANiT of any unauthorised use of its account and/or the Site and/or the Services at email@example.com or otherwise in writing to iPLANiT’s registered office.
The Customer may not use the Site and the Services for any purpose that is in contravention of any applicable national and international laws or for any purpose that is prohibited by these STCs.
The Customer may not use the Site and the Services in any manner which could damage, disable or impair the Services provided on the Site or interfere with any other parties use and/or enjoyment of the Site or Services.
When using the Site the Customer agrees not to:
a) transmit “junk mail”, “spam”, “chain letter” or any other like transmissions;
b) profane, abuse, stalk, harass, or otherwise violate the legal rights of others, publish, distribute or in any other way disseminate any inappropriate, profane, indecent or unlawful material, graphics, topic or information;
c) restrict, inhibit or interfere with the contribution of other persons;
d) act in breach in any code of conduct or any other usage guidelines;
e) violate any applicable national or international laws.
The Customer agrees not to copy, modify, transmit, display, distribute, perform, reproduce, licence, publish, create derivative works from, transfer, or sell any information software, or sell products and/or Services obtained from this Site. The Customer also agrees not to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the DRM.
By uploading, e-mailing, posting, publishing or otherwise transmitting any content to the Site, the Customer automatically grants (or warrants that the owner of such rights is expressly granting) iPLANiT a perpetual, royalty-free, irrevocable, non-exclusive right and licence to use, reproduce, modify, adapt, publish, transmit and distribute such content in any form, medium, or technology now known or later developed. This includes the right of iPlanit to publish, make available and commercially exploit the Customer route data on a central mapping system similar to the DRM. In addition the Customer warrants that all so called moral rights in such content have been waived.
Any content, materials, information or software downloaded or otherwise obtained through the use of the Site, is done at the Customer’s own discretion and risk. iPLANiT shall have no responsibility for any damage to the Customer’s website or for any loss of data that may result from the download of any content, materials, information or software or any consequential, incidental or indirect loss arising out of any damage to the Customer’s computer system or loss of data.
iPLANiT is not an internet provider nor do iPLANiT have any control over Microsoft Azure or other platforms which may facilitate the Services which iPLANiT provide. iPLANiT makes its best efforts to provide the Services available 99% of the time. In order to use the Services, the Customer must obtain access to the world-wide-web either directly or through devices that access web-based content, and pay any service fees associated with such access.
The Customer may not access, download, use or export the Site, or the content, software, products or Services provided on the Site in violation of any applicable national or international laws, relating to the export of and import of products. The Customer may download, view, copy and print a document from this Site subject to the following:
a) the documents may be used solely for personal, informational, non commercial purposes;
b) the documents may not be altered or modified in any way. Except where the Customer’s use constitutes “fair use” under copyright law, the Customer may not otherwise use, download, upload, copy, print, display, perform, reproduce, publish, licence, post, transmit or distribute any information from this Site, in whole or in part, without iPLANiT’s authorisation.
The Site provides links to other websites and access to content, products and services from third parties, including the Customer’s. The Customer agrees that iPLANiT is not responsible for the availability of, or content provided on, such third party websites. The Customer should refer to the policies posted by other websites regarding privacy and other topics before the Customer uses them. The Customer acknowledges and agrees that iPLANiT is not responsible for third party content accessible on the Site, including opinions, advice, statements and advertisements and understands that the Customer bears any and/or all risks associated with such content. If the Customer chooses to purchase any products or services from a third party, the Customer’s relationship is directly with the third party.
The Customer agrees that iPLANiT is not responsible for:
a) the quality of third party products and services; and/or
b) fulfilling any of the terms of the agreement with the seller, including delivery of products or services and warranty obligations related to the purchased products or services. The Customer acknowledges that iPLANiT is not responsible for any loss or damage of any sort that the Customer may incur from dealing with any third party.
The Customer agrees to keep themselves informed of such changes by regularly checking the Site. The Customer agrees that it shall be bound by the provisions of the most current version of such policies posted on the Site at any given time.
The Site may contain links to other websites whose privacy and information practices may be different to iPLANiT’s practices. The Customer agrees that iPLANiT is not responsible for the content or security of other websites.
iPLANiT uses physical, electronic, and managerial procedures to help safeguard the information iPLANiT collects from the Customer.
The Customer shall take precautions to protect its personal data when using the Internet. The Customer shall ensure that it shall keep any passwords safe and will always use a secure internet browser.
Correcting Information or Contacting the Site
If the Customer wishes to correct any information it has provided to iPLANiT it may do so by emailing iPLANiT at firstname.lastname@example.org.
Technical Modification and Termination of Services
This Agreement and the Customer’s licence to the Services (or part thereof) may be terminated with immediate effect without notice at the sole discretion of iPLANiT if:
a. The Customer fails to make any payment to iPLANiT within 60 days of the due date.
b. The Customer is placed in examinership, liquidation or makes formal arrangements with its creditors.
c. The Customer is in material breach of any of the terms of this Agreement and fails to remedy such breach within 10 days of receipt of written notice by email, facsimile or registered postal delivery to the Customer.
The Customer acknowledges and accepts that iPLANiT’s rights to the Services are dependent on rights granted to it by its licensors. In the event that such rights are terminated during the Initial Term or any Renewal Term iPLANiT may terminate the Customer’s access to the Services or part of the Services on 14 days notice without liability to the Customer.
All contents of the Site are copyright of iPLANiT Limited, 24 Fitzwilliam Place, Dublin 2.
If any provision of these STCs shall be held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the remaining parts of these STCs and the remainder of the affected provision shall be unaffected.
This legal notice and STCs of use and all issues regarding the Site and Services shall be governed by the laws of Ireland and the Customer agrees to submit to the exclusive jurisdiction of the Irish courts. By using the Site or registering with the Site, the Customer agrees to be bound by the STCs. The provision of the Services by iPLANiT to the Customer shall be subject to these STCs.