Historic Maps Subscription API - Terms and conditions

This page together with our Privacy Statement (Privacy Statement) and any other documents referred to within these terms and conditions tell you information about us and the legal terms and conditions (Terms) on which we sell any of the Historical Maps Subscription API (Service) through our Websites (Websites) to you.

These Terms will apply to any contract between us for the sale of the Service to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering the Service from our Sites.

Please tick the box marked "I accept these Terms and Conditions" during the order checkout process, if you accept them. If you refuse to accept these Terms, you will not be able to order any Services from our Sites.

You should print a copy of these Terms or save them to your computer for future reference.

We amend these Terms from time to time as set out in clause 7. Every time you wish to order the Service, please check these Terms to ensure you understand the terms which will apply at that time. These Terms were most recently updated on 23 April 2019.

These Terms, and any Contract between us, are only in the English language.

  1. 1 Information about us
    1. 1.1 We operate the websites http://www.nls.uk, http://maps.nls.uk, http://ssa.nls.uk, http://digital.nls.uk and https://auth.nls.uk (Websites). We, us and our means NATIONAL LIBRARY OF SCOTLAND, constituted under the National Library of Scotland Act 2012 for the general management and control of National Library of Scotland (a registered Scottish charity in terms of section 13(2) of the Charities and Trustees Investment (Scotland) Act 2005 with registered charity number SC011086, charity name 'National Library of Scotland') having its offices at George IV Bridge Edinburgh EH1 1EW. Our VAT number is 345 2674 49.
    2. 1.2 To contact us, please see our Contact Us page (Contact Us Page).
  2. 2 The Service
    1. 2.1 The images of the Service on our Sites are for illustrative purposes only. Although we have made every effort to display colours and characteristics accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the Service. The Service may vary slightly from the images.
    2. 2.2 The Services that we supply may use copies of material from our collections and will normally reflect the quality, style, colouring and so on of the original, so far as is practicable to replicate. Any inherent defects in originals, such as scratches, blemishes, or incompleteness, may be present in the Service.
    3. 2.3 The Service is intended for moderate web usage and from our experience should perform well in most typical website environments. However, we do not make or provide any guarantee that the Service will function under heavy or intensive usage. You acknowledge and accept that the Service is only provided for limited and small scale use and may not be able to meet certain demands and we are not liable for such.
    4. 2.4 You are only licensed for use of the Service on one website domain or one mobile application. If you wish to apply the Service to multiple website domains or mobile applications you must have a subscription license for each website domain and/or mobile application.
  3. 3 How we use your personal information
    1. 3.1 We only use your personal information in accordance with our Privacy Statement. Please see our Privacy Statement for further details. Please take the time to read this, as it includes important terms which apply to you.
  4. 4 If you are a consumer
    This clause 4 only applies if you are a consumer.
    1. 4.1 If you are a consumer, you may only purchase the Service if you are at least 18 years old.
    2. 4.2 As a consumer, you have legal rights in relation to services that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
  5. 5 If you are a business
    This clause 5 only applies if you are a business.
    1. 5.1 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our Sites to purchase the Service.
  6. 6 How the contract is formed between you and us
    1. 6.1For the steps you need to take to place on order on our Sites, please see the relevant Subscription API page.
    2. 6.2Our order process allows you to check and amend any errors before submitting your order to us.
    3. 6.3After you place an order, you will receive an email from our Subscription API Partner, Klokan Technologies GmbH acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 6.4.
    4. 6.4We will confirm our acceptance to you by sending you an email that confirms your unique URL to access the Historical Maps layer (Subscription API Confirmation). The Subscription API Confirmation will contain the links for accessing electronically retrievable Services and so will simultaneously constitute delivery of such Services. The Contract between us will only be formed when we send you the Subscription API Confirmation.
    5. 6.5If we are unable to supply you with the Service, for example because there is a problem with the Service or because of an error in the price on our Sites as referred to in clause 11.5, we will inform you of this by email and we will not process your order. If you have already paid for the Service, we will refund you the full amount as soon as possible.
  7. 7Our right to vary these terms
    1. 7.1We may revise these Terms from time to time in the following circumstances:
      1. 7.1.1 changes in how we accept payment from you; and
      2. 7.1.2 changes in relevant laws and regulatory requirements.
    2. 7.2 Every time you order Services from us, the Terms in force at that time will apply to the Contract between you and us.
    3. 7.3 Whenever we revise these Terms in accordance with this clause 7, we will keep you informed and give you notice of this by stating that these Terms have been amended and the relevant date at the top of this page.
  8. 8 Your consumer right to cancel
    This clause 8 only applies if you are a consumer.
    1. 8.1 If you are a consumer, you have a legal right to cancel a Contract under the Consumer Contracts Regulations 2013 during the period set out below in clause 8.3. This means that during the relevant period if you change your mind or for any other reason you decide you do not want to continue the Service, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract under these regulations is available from your local Citizens' Advice Bureau or Trading Standards office.
    2. 8.2 The Service is delivered from the time that you receive the Subscription API Confirmation. By entering into a Contract for a Service you acknowledge that you are requesting delivery of that Service to begin within the 14 (fourteen) day cancelation period.
    3. 8.3 Your legal right to cancel a Contract starts from the date of the Subscription API Confirmation, which is when the Contract between us is formed. You have a period of 14 (fourteen) days from the date following the day on which a Service is delivered to you in which you may cancel.
    4. 8.4 To cancel a Contract, please contact us in writing to tell us by sending an email to geo@nls.uk or by sending a letter to National Library of Scotland at National Library of Scotland, George IV Bridge, Edinburgh, EH1 1EW, Scotland, UK. You may wish to keep a copy of your cancellation notification for your own records. If you send us your cancellation notice by email or by post, then your cancellation is effective from the date you sent us the email or posted the letter to us.
    5. 8.5 You will receive a refund for the price you paid for the Service. We will process the refund due to you as soon as possible and, in any case, within 14 (fourteen) days of the day on which you provide evidence of having cancelled the Contract.
    6. 8.6 We will refund you on the credit card or debit card that you used to pay.
    7. 8.6 Details of your legal right to cancel and an explanation of how to exercise it are provided in the Subscription API Confirmation.
  9. 9 Delivery
    1. 9.1 Your order will be fulfilled within a reasonably expedient period of time from the date of payment by delivery of a URL enabling electronic retrieval of each Service. The download links will be delivered by the Subscription API Confirmation email. If we are unable to fulfil the delivery because of an Event Outside Our Control (as defined in clause 15), we will contact you with a revised estimated delivery date.
    2. 9.2Delivery will be completed when we deliver the URL for the Service to the email address you gave us.
  10. 10Price of the Service
    1. 10.1The price of the Service will be as quoted on our Sites from time to time. We take all reasonable care to ensure that the prices of Services are correct at the time when the relevant information was entered onto the system. However if we discover an error in the price of Service(s) you ordered, please see clause 10.4 for what happens in this event.
    2. 10.2 Prices for our Services may change from time to time, but changes will not affect any order which we have confirmed with a Subscription API Confirmation.
    3. 10.3 The price of a Service includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Service in full before the change in VAT takes effect.
    4. 10.4 It is always possible that, despite our reasonable efforts, some of the Services on our Sites may be incorrectly priced. If we discover an error in the price of the Service you have ordered we will inform you of this error in writing and we will give you the option of continuing to purchase the Service at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Service to you at the incorrect (lower) price.
  11. 11How to pay
    1. 11.1You can only pay for Services using a debit card or credit card. We accept the following: PayPal, Visa / Delta / Electron, Mastercard / Eurocard, American Express and debit cards containing a Visa or Mastercard logo.
    2. 11.2Payment for Services is in advance.
  12. 12Our liability if you are a business
    This clause 8 only applies if you are a business.
    1. 12.1 We only supply the Services for your specific business website, and you agree not to use the Service for any re-sale purposes.
    2. 12.2Nothing in these Terms limit or exclude our liability for:
      1. 12.2.1death or personal injury caused by our negligence;
      2. 12.2.2 fraud or fraudulent misrepresentation;
      3. 12.2.3 breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
      4. 12.2.4 defective Services under the Consumer Protection Act 1987.
    3. 12.21.1. Subject to clause 12.2, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
      1. 12.3.1 any loss of profits, sales, business, or revenue;
      2. 12.3.2 loss or corruption of data, information or software;
      3. 12.3.3 loss of business opportunity;
      4. 12.3.4 loss of anticipated savings;
      5. 12.3.5 loss of goodwill; or
      6. 12.3.6 any indirect or consequential loss.
    4. 12.4 Subject to clause 13.2 and 13.3, our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Services.
    5. 12.5 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Services. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Services are suitable for your purposes.
  13. 13 Our liability if you are a consumer
    This clause 13 only applies if you are a consumer.
    1. 13.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.
    2. 13.2We only supply the Services for domestic and private use. You agree not to use the Services for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
    3. 13.3 We do not in any way exclude or limit our liability for:
      1. 13.3.1 death or personal injury caused by our negligence;
      2. 13.3.2 fraud or fraudulent misrepresentation;
      3. 13.3.3 any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
      4. 13.3.4 any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
      5. 13.3.5 defective Services under the Consumer Protection Act 1987.
  14. 14 Intellectual property
    1. 14.1 You will not own any copyright, trade marks, trade names or any other intellectual property rights in the Services and will not licence, distribute, copy or otherwise commercially exploit any Service without obtaining our prior written consent.
  15. 15 Events outside our control
    1. 15.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 15.2.
    2. 15.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, any labour dispute or strike or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
    3. 15.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
      1. 15.3.1 we will contact you as soon as reasonably possible to notify you; and
      2. 15.3.2 our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Services to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
  16. 16 Communication between us
    1. 16.1When we refer, in these Terms, to "in writing", this will include email.
    2. 16.2If you wish to contact us in writing for any reason other than to cancel a Contract, you can contact us by email at geo@nls.uk or by pre-paid post to National Library of Scotland at National Library of Scotland, George IV Bridge, Edinburgh, EH1 1EW.
    3. 16.3If we have to contact you or give you notice in writing, we will do so by email or by pre-paid post to the address you provide to us in your order.
    4. 16.4Please note that any notice given by you to us, or by us to you, will be deemed received and properly served immediately when posted on our Websites, 24 (twenty four) hours after an email is sent, or 3 (three) days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee. The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
  17. 17 Other important terms
    1. 17.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
    2. 17.2 This Contract is between you and us. No other person shall have any rights to enforce any of its terms.
    3. 17.3 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
    4. 17.4 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
    5. 17.5 These Terms, the Privacy Statement and any other document expressly referred to in these Terms constitutes the entire agreement and understanding between the parties and supersedes all previous communications and agreements between the parties regarding its subject matter.
    6. 17.6 If you are a business, please note that these Terms are governed by Scots law. This means a Contract for the purchase of Services through our Sites and any dispute or claim arising out of or in connection with it will be governed by Scots law. You and we both agree to that the courts of Scotland will have exclusive jurisdiction.
    7. 17.7 If you are a consumer, please note that these Terms are governed by Scots law. This means a Contract for the purchase of Services through our Sites and any dispute or claim arising out of or in connection with it will be governed by Scots law. You and we both agree that the courts of Scotland will have non-exclusive jurisdiction. If you are resident in England, Wales or Northern Ireland, you may also bring proceedings in England, Wales or Northern Ireland respectively. If you are resident within the European Economic Area (EEA) you may also bring proceedings in the country in which you are resident. If you are resident outside of the EEA, you agree to that the courts of Scotland will have non-exclusive jurisdiction unless local laws allow you to bring proceedings in the country in which you are resident.

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