Terms and Conditions

 

Please read these terms and conditions carefully, they contain important information about your rights and obligations. You can print out these terms and conditions by clicking on the print icon on your browser.

1. Introduction

1.1 The website is administered by thisismymap.com (“thisismymap.com”, “our”, “we”, “us”). Our address is 10 Little Larchmount, Saffron Walden, Essex CB11 4EF.

1.2 A part of our website is only accessible to Registered Members. To become a Registered Member you need to apply to open an account through the website. If your application is approved, we will send you a valid username and password for your account. These are used to “login”, enabling access to your account (the “Members Area”). THESE TERMS AND CONDITIONS APPLY TO ALL PARTS OF OUR WEBSITE, INCLUDING WITHIN THE MEMBERS AREA.

1.3 Please read these terms and conditions carefully before using our website. In particular, we draw your attention to clause 17 (Liability).

1.4 By using or accessing our website, you agree to be legally bound by these terms and conditions of use as they may be modified and posted on our website from time to time.

1.5 If there is any conflict between these terms and conditions and any rules and/or specific terms of use appearing on any part of our website relating to any particular function or feature, those specific rules and/or terms of use shall prevail.

1.6 You agree to use our website only for lawful purposes, and in a manner which does not infringe on the rights, or restrict or inhibit the use and enjoyment of, the website by any third party. If you do not wish to be bound by these terms and conditions then you may not use our website and you must leave immediately.

2. Nature of our Website

2.1 Our website enables Registered Members to create their own maps detailing personal interests and experiences as lists in a map design format.

3. Member Accounts

3.1 When you register as a Registered Member, you are provided with a personal account free of charge.

3.2 A personal account provides the holder with access to the Member Area and use of the features within it, including the ability to create maps, save them to the account and order prints of them through an online shopping facility.

3.3 Registered Members will also be able to buy vouchers which can be redeemed to discount shopping cart totals at checkout. Vouchers work like this:

3.3.1 vouchers are only redeemable at our website www.thisismymap.com;

3.3.2 vouchers have no cash value and are not transferable or assignable;

3.3.3 only one voucher can be redeemed per map purchased;

3.3.4 any unused balance on a voucher will be held in the recipient’s Registered Member account;

3.3.5 if the cost of the order including p&p charges exceeds the value of the gift voucher then the balance must be paid by any of the payment methods accepted for orders on our website;

3.3.6 gift vouchers expire 12 months from the date of issue;

3.3.7 gift vouchers cannot be applied to orders already placed; and

3.3.8 standard thisismymap.com terms and conditions apply to all orders purchased using a voucher.

4. Privacy

4.1 Click here for our Privacy Policy which sets out how we can use any personal information you provide to us, for example, when you register as a Registered Member.

5. Confidential Information

5.1 As a Registered Member, you must take all reasonable precautions to prevent the disclosure and unauthorised use of, including not writing down or telling anyone, your login details or those of any other Registered Member, should you come to know them.

5.2 If you suspect that someone knows your login details, you should immediately contact us by email at enquiries@thisismymap.com or by post at 10 Little Larchmount, Saffron Walden, Essex CB11 4EF. Your liability will cease in relation to actions after we receive notification. If unauthorised use of your login details is due to you acting without reasonable care, fraud, your disclosure to someone else or misuse, you will be liable for any loss caused.

5.3 We reserve the right to suspend your access to the Member Area at any time at our discretion, including for the following reasons, namely, if:-

5.3.1 incorrect login details were used to attempt to access your account; or

5.3.2 we suspect an unauthorised person is attempting to access your account.

6. Buying Maps

6.1 To order a map you will need to follow the ordering procedures set out on our order pages. Details of our prices for the maps, and the procedures for payment and delivery are displayed on our website.

6.2 Once you have placed an order it is not possible to edit the content of the order, including the design of the map. If you wish to change the delivery address for your order then you should email us at enquiries@thisismymap.com giving your order reference number and the new delivery address. We will endeavour to change the delivery address of your order if we receive the request to do so in sufficient time before the order is despatched. However, we accept no liability for any loss resulting from the order being delivered to the original delivery address provided by you when you placed your order.

6.3 Any times or dates stated on our website for delivery are estimates only. We will use our reasonable endeavours to deliver or arrange delivery of goods within the time specified, but we do not accept liability for any failure to deliver within that time. Please note that we can only currently deliver products to addresses within the UK.

6.4 You must pay by credit or debit card at the time of order. Payment can be made online through Paypal. We will not store any of your card payment details.

6.5 The price of any map is the price in force at the date and time of your order. We may change the price of any map before you place an order. We try to ensure that our prices displayed on our website are accurate but the price on your order will need to be validated by us as part of the acceptance procedure (see 6.6 below). We will inform you if a map's correct price is higher than that stated in your order and you may cancel the order and decide whether or not to order the product at the correct price. The prices are inclusive of delivery costs and applicable taxes and are shown in pounds sterling (£) and are payable in pounds sterling (£).

6.6 We are entitled to refuse any order placed by you. If your order is accepted, we will confirm acceptance to you by online electronic means ("Confirmation") to the e-mail address you have given us on ordering. The order will then be fulfilled by the date set out in the Confirmation or, if the Confirmation does not contain such a date, within 30 days.

6.7 You undertake that all details you provide to us for the purpose of purchasing a map or maps which may be offered by us on our website will be correct, that the credit or debit card which you use is your own and that there are sufficient funds or credit facilities to cover the cost of any goods. We reserve the right to obtain validation of your credit or debit card details before providing you with any goods.

6.8 By purchasing a map you acknowledge that you are only buying a print of the map created by you through using our website. All copyright and moral rights and all other intellectual property rights in any map created through using or in connection with our website shall belong to thisismymap.com, which hereby grants the map purchaser an indefinite and exclusive licence to use the map for non-commercial, private use only.

6.9 We reserve the right to refuse to process any order or print any map created by you if you are in breach of any of these terms and conditions or for any other reason, in which case we will endeavour to issue a refund as soon as possible and at the latest within 30 days of the date that we notify you of our decision not to process the order.

7. Returns

7.1 As any map you order from us will be custom-made to your own specifications, unless we agree otherwise in writing, you do not have any right to cancel any purchase you make. Unless your situation is covered by 7.2 below, we will not be able to accept returns nor give you any refund.

7.2 If:

7.2.1 the map delivered is not what you ordered or does not correspond with its description;

7.2.2 the map delivered is not of a satisfactory quality; or

7.2.3 the map is not fit for any other purpose for which you have bought it and you notified us of this purpose before purchase, and we have not informed you that the map is not fit for that purpose;

7.3 We will, at our option, deliver to you a replacement map or refund to you the price paid and your reasonable costs of returning the maps.

7.4 If we agree to issue a refund we will endeavour to make the refund as soon as possible and at the latest within 30 days of the date that we were notified of the need to issue the refund.

7.5 If you have any complaints, you should direct them to us via e-mail at enquiries@thisismymap.com or by post at 10 Little Larchmount, Saffron Walden, Essex CB11 4EF.

8. Website Content

8.1 We will do our best to ensure that the content published on our website is accurate; however, we do not (to the extent permitted by applicable law) accept responsibility for, or give any warranties as to the accuracy or otherwise of such content (whether published on or offline) and the use of such content.

8.2 In relation to content on the website:

8.2.1 all such content is published in good faith (and, where provided by a third party, is based solely on the information provided);

8.2.2 all such content is provided on an “as is” basis and you assume total responsibility and risk for your use of or reliance on such information.

8.3 Our website is controlled and operated by us in England. We have used our best endeavours to ensure that our website complies with UK laws. We make no representations that the materials on our website are appropriate or available for use in locations outside the UK. Those who visit our website from other locations do so on their own initiative, and are responsible for compliance with all applicable laws. If use of our website and/or viewing of it, or use of any material or content on our website or services, or products or services advertised or offered through our website are contrary to or infringe any applicable law in your jurisdiction(s), you are not authorised to view or use our website and you must exit immediately.

9. Map Design Content

9.1 You warrant that your map design, or any use we may make of the map under these terms and conditions, does not:

9.1.1 violate the rights of or harm or threaten the safety of any person;

9.1.2 infringe the copyright, trademarks, rights of privacy, publicity or other intellectual property or other rights of any other person or entity;

9.1.3 contain malicious code, such as viruses, worms, Trojan horses or other potentially harmful programs or material;

9.1.4 be created for the purpose of damaging, or without just and reasonable cause be likely to damage, the reputation of any third party individual or business, or deceive any person;

9.1.5 be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence; or

9.1.6 violate any applicable law, statute, rule or regulation;

10. Language

10.1 You should only create maps using text in the English language. thisismymap.com cannot take responsibility for accurately reproducing text which is written in any language other than English.

10.2 thisismymap.com does not offer a translation service.

11. Displaying Member's maps on our Website

11.1 We might wish to display your map design on our website as an example to other users of what can be created on the website, or as part of a gallery of our favourite entries for design competitions that we may run from time to time.

11.2 If you would prefer us not to display your map design, then please let us know by email to enquiries@thisismymap.com.

12. Copyright Restrictions

12.1 The contents of our website are protected by international copyright laws and other intellectual property rights. The owner of these rights is thisismymap.com, its affiliates or other third party licensors. All company names and logos mentioned in our website are the trade marks, service marks or trading names of their respective owners, including us. Commercial use or publication of all or any items displayed on our website is strictly prohibited without prior written authorisation from thisismymap.com or, where the items have been published on the website with the permission of the relevant copyright owners, the prior written authorisation of the copyright owners, as indicated within such items.

13. Linked Sites

13.1 thisismymap.com makes no representations whatsoever about any other websites which you may access through our website or which may link to our website. When you access any other website you understand that it is independent from thisismymap.com and that we have no control over the content or availability of that website. In addition, a link to any other website does not mean that thisismymap.com endorses or accepts any responsibility for the content, or the use of, such a website and thisismymap.com shall not be liable for any loss or damage caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any other website or resource. Any concerns regarding any external link should be directed to its website administrator or web master.

14. Availability of our Website

14.1 We will try to make our website available but cannot guarantee that our website will operate continuously or without interruptions or be error free and we can accept no liability for its unavailability. You must not attempt to interfere with the proper working of our website and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, website, router or any other Internet connected device.

15. Modifications to Website

15.1 We reserve the right to make changes or corrections, alter, suspend or discontinue any aspect of our website or the content or services available through it, including your access to it. Unless explicitly stated to the contrary, any new features including new content shall be subject to these terms and conditions.

15.2 Please note that although we try to ensure that the content of our website is accurate, it may contain typographical errors or other inaccuracies.

16. Liability

16.1 We promise that for any map or other goods you purchase from our website:

16.1.1 we have the right to sell the goods to you;

16.1.2 the goods will correspond with the description we have given to you;

16.1.3 the goods will be of satisfactory quality; and

16.1.4 will be fit for any other purpose for which you have bought it and you notified us of this purpose before purchase, and we have not informed you that the goods are not fit for that purpose.

16.2 We exclude all other express or implied terms, conditions, warranties, representations or endorsements whatsoever with regard to any goods (including without limitation any maps), our website or any information or service provided through our website.

16.3 We accept no liability for any indirect or consequential loss or damage, or for any loss of data, profit, revenue or business (whether direct or indirect) in each case, however caused, even if foreseeable. In circumstances where you suffer loss or damage arising out of or in connection with the viewing, use or performance of our website or its contents other than as a direct result of purchasing maps or other goods (which shall be subject to the exclusions and limitation of liability set out in these terms and conditions), we accept no liability for this loss or damage (except where we have been negligent) whether due to inaccuracy, error, omission or any other cause and whether on the part of thisismymap.com or our servants, agents or any other person or entity.

16.4 If we are liable to you for any reason, our liability will be limited to the amount paid by you for the goods concerned. This limit does not apply to any liability we may have for death or personal injury resulting from our negligence or for our fraudulent misrepresentation.

16.5 You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use our website and is compatible with our website. You also understand that we cannot and do not guarantee or warrant that any material available for downloading from our website will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.

16.6 The limitations and exclusions in this clause do not affect your non-excludable statutory rights and only apply to the extent permitted by applicable law.

17. General

17.1 We may assign, transfer, novate or subcontract any or all of our rights and obligations under these terms and conditions at any time.

17.2 We may alter these terms and conditions from time to time and post the new version on our website, following which all use of our website will be governed by that version. You must check the terms and conditions on the website regularly.

17.3 You acknowledge that you have not entered into this agreement in reliance upon any statement, warranty or representation made by thisismymap.com or any other person and you irrevocably and unconditionally waive any rights to claim damages and/or to rescind these terms and conditions by reason of any misrepresentation (other than a fraudulent misrepresentation) that is not contained in the terms and conditions or our Privacy Policy).

17.4 If any provision or term of these terms and conditions shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such term or provision shall be divisible from the other terms and conditions and shall be deemed to be deleted from them.

17.5 These terms and conditions and your use of our website are governed by English law and you submit to the exclusive jurisdiction of the English court.

17.6 Except in respect of a payment obligation, neither you nor thisismymap.com will be held liable for any failure to perform any obligation to the other due to causes beyond your or thisismymap.com’s respective reasonable control.

17.7 Failure or delay by either party enforcing an obligation or exercising a right under these terms and conditions does not constitute a waiver of that obligation or right.

17.8 These terms and conditions do not confer any rights on any person or party (other than you and/or us) pursuant to the Contracts (Rights of Third Parties) Act 1999.

18. Notices

18.1 All notices shall be given:

18.1.1 to us via e-mail at enquiries@thisismymap.com or by post at 10 Little Larchmount, Saffron Walden, Essex CB11 4EF; or

18.1.2 to you at either the email or postal address you provide during any ordering process.

18.2 Notice will be deemed received when an email is received in full (or else on the next business day if it is received on a weekend or a public holiday in the place of receipt) or three days after the date of posting.

19. Replacement

19.1 These terms and conditions replace all other terms and conditions previously applicable to the use of our website.