End User Licence Agreement (EULA) for OS Maps
1. What is OS Maps?
OS Maps is a multi-award winning leisure mapping application, operated by Ordnance Survey, Great Britain’s national mapping agency, which is made available both on the web and on mobile platforms. It provides online and offline access to Ordnance Survey mapping for the whole of Great Britain, together with detailed mapping for other world wide countries; routes for walking, cycling and running; points of interest; augmented reality and other fantastic features.
OS Maps (referred to in this EULA simply as the / this Licensed App) is one of a number of different consumer apps (web and mobile), websites, social media sites and an online retail shop operated by Ordnance Survey. We refer to these collectively in this EULA as the OS Sites and/or Services.
2. Introduction to these Terms and Conditions
There are various options available for using the Licensed App. (These user options can be found in paragraph 6 below). The terms and conditions set out in this EULA govern all use of the Licensed App, notwithstanding which user option is chosen (however, some terms and conditions will only be applicable to Subscribers).
We are legally obliged to pass on, or bring to your attention in this EULA, certain third party terms which may apply to you when you use the Licensed App. These are also summarised in paragraph 5 below.
We would ask that you read this EULA (and the other documents we have referred to) very carefully. Please do not use this Licensed App if you do not accept the terms and conditions set out in these documents.
The terms and conditions are subject to the rights and remedies you have under UK and other applicable laws which cannot be lawfully excluded, restricted or modified (we refer to these as Non-Excludable Rights).
Nothing in this EULA excludes, restricts or modifies your Non-Excludable Rights.
- For our UK based users, please see paragraph 15 of this EULA which provides a summary of your key legal rights and Non-Excludable Rights in relation to the Licensed App.
- If you are using the Licensed App from a location outside of the UK, please refer to the "Additional information for international users" section in Schedule B at the end of this EULA, which contains important additional information (including details about your Non-Excludable Rights outside of the UK).
3. Will the terms and conditions of this EULA change at any time?
We may update this EULA from time to time, as we add functionality to the Licensed App or for other reasons. We recommend checking this page regularly to stay up to date. Your continued use of the Licensed App constitutes your agreement to the then-current amended and updated EULA.
If you have purchased a subscription to the Licensed App, then (i) if that is a recurring subscription the updates we make to this EULA will not apply until the next time your subscription renews; (ii) if that is a fixed term subscription, the updates we make to this EULA will not apply unless and until you sign up for a new fixed term subscription; (except for updates which are necessary to comply with legal and regulatory requirements, to accommodate product improvements, or if you otherwise agree).
4. Who are we?
This Licensed App, its content, and any related website pages are operated and managed by Ordnance Survey Leisure Limited, which is a subsidiary company of Ordnance Survey Limited, Great Britain’s national mapping agency.
Ordnance Survey Leisure Limited is a company registered in England and Wales (registration number 06894550, and VAT number GB 973 4648 80) whose registered address is at Explorer House, Adanac Drive, SOUTHAMPTON, SO16 0AS.
Ordnance Survey Limited is a company registered in England and Wales (registration number 09121572, and VAT number GB 204 5274 37) whose registered address is also at Explorer House, Adanac Drive, SOUTHAMPTON, SO16 0AS.
Both Ordnance Survey Leisure Limited and Ordnance Survey Limited are referred to in this EULA as OS, we, us and/or our.
If you have any questions about the Licensed App, please take a look at our OS Maps FAQs via the links below. These contain the latest guidance and support.
If you can’t find the answer you’re looking for from our FAQs, or you wish to get in touch with us directly with any queries, or complaints or compliments, please contact our Customer Services Team using the details on our Contact Us webpage.
This Policy sets how we collect, process, use and look after any personal data that we collect from you, or that you provide to us, together with the choices you have about the information we may ask of you, when you use our OS Sites and/or Services.
b. Cookies Notice
This Notice provides information about how we use ‘cookies’ in our OS Sites and/or Services and how you can control and delete them.
'Cookies' are small text files that websites put on your computer to make visits quicker, easier and more relevant.
In addition to cookies OS uses analytics and tracking software tools in its OS Sites and Services. Analytics and tracking software allows application providers to gain insights on how their users engage with the mobile / web app – for example, how they navigate through the app and what functionality and content is used. This enables app providers to make better decisions about services, improving performance and appropriate marketing. The tracking technology we use is Google Firebase and Adjust.
c. Accessibility Statement
Our Accessibility Statement provides information about browser support, screen resolution, document types, access keys, text sizing, images, forms and frames, scripting and links.
d. App Store Terms
The Licensed App is distributed through the Apple App store (iOS) and the Google Play (Android) mobile app distribution platforms. Where you download and purchase a subscription to the Licensed App via these platforms, you are also subject to their terms, and the terms set out in Schedule A of this EULA which we are legally obliged by Apple and Google to include.
e. Third Party Terms
Certain mapping, routes and functionality within the Licensed App is made possible as a result of licensing arrangements we have with third parties and/or is licensed directly to you by third parties. We are legally obliged to by those third parties to include certain terms in this EULA. These are set out in Schedule A of this EULA.
6. Access to the Licensed App, Operating System Requirements and User Levels
The Licensed App is made available to download from both the ‘App Store’ (for iOS devices) and the ‘Google Play Store’ (for android devices).
The Licensed App is also available via a desktop browser at explore.osmaps.com.
The Licensed App can be downloaded to your mobile device or accessed via your desktop browser free of charge. The Licensed App can be used free of charge, but certain premium content and functionality is only available if you purchase a subscription. There are 4 different user levels available, as follows:
- Guest Users;
- Registered Users;
- Group Subscribers.
The following is a summary of each user level. (Full details can be found on our OS Maps FAQ pages). However, please note that with the Licensed App covering global locations some of the features are not available to users from all locations outside of Great Britain. Please see the FAQs for further details.
Can view and use limited mapping content and functionality free of charge. Guest Users do not have a registered account on the Licensed App.
Have created a registered account on the Licensed App and can access and use additional content and functionality free of charge, such as the ability to generate User Generated Content.
Have purchased a paid subscription to the Licensed App (or are accessing the subscription features via a trial offer) and can access all the content and functionality of the Licensed App.
Group Subscriptions allow a single-user from an organisation to use the Licensed App in connection with the organisation's activities. Any restrictions on use of the Licensed App to 'personal use' which are set out in this EULA do not apply to users of Group Subscriptions.
Group Subscriptions are intended for organisations operating on a not-for-profit or charitable basis (for example, hiking clubs or youth groups). Organisations can apply for a Group Subscription by contacting our Customer Services Team using the details on our Contact Us webpage. We may reject any application for a Group Subscription at our sole discretion, if the organisation does not, in our opinion, meet our intended user criteria.
7. Registrations and Passwords
Any username, password or other piece of security information registered or provided as part of the registration and/or subscription process, must be treated as confidential and must not be disclosed to anyone.
If you know or suspect that anyone other than you knows your username, password or other piece of security information then you should change your password immediately, and prompty notify us via our Contact Us webpage.
In the event that you forget or need to change your username, email address, password or other security login information please follow the relevant link provided in the Licensed App.
Please note that registering with the Licensed App does not automatically create an account with our other OS Sites and/or Services.
8. Subscriptions, payments, free trials and delivery
a. Purchasing a subscription by way of an in-app purchase:
Where you order a subscription from inside the Licensed App on a mobile device, your subscription and your contract with us under this EULA will start immediately on payment.
b. Purchasing a subscription via OS website:
c. Subscription Options:
We offer Fixed Term subscriptions and Recurring subscriptions, and we offer various duration options for both (e.g. one month/monthly, one year/annually). Full details of the subscription options are available on our website and in the App stores.
- Fixed Term Subscription
This means that you sign up to access the full content and functionality of the Licensed App for a fixed period of time (e.g one month or a year) and your access will end automatically at the end of the specified period. You will be charged a one off payment when you order the subscription.
- Recurring Subscription
This means that once you sign up your subscription will automatically renew based on the subscription period you chose (e.g. monthly, annually). You may cancel the renewal in accordance with paragraph 16 below, but if you do not cancel within the timeframe permitted you will be charged at the beginning of each billing term of your subscription (via the billing method you have provided to us) and your subscription will automatically roll on.
Where you have purchased a 3 month or annual recurring subscription, you will be automatically informed through email and/or push notifications that your next subscription period is due to start, the date on which we will take payment from your credit or debit card, and the subscription price (please see paragraph 8f below regarding price changes).
We will supply the premium content and services available to Subscribers to you until the subscription expires or the EULA is cancelled / terminated by either party in accordance with these terms.
If you do purchase a recurring subscription, you agree that the details of your credit or debit card, will be retained by us and/or any third party acting on our behalf, for the sole purpose of processing your subscription payments. Please ensure that your billing information is correct to prevent your subscription from lapsing
- Gift Card Subscriptions
On our website, we offer the opportunity to buy a gift subscription for another person. This comes in the form of a unique code which can be redeemed for a fixed term subscription. If you are using a gift card/code to purchase a subscription, this means that you sign up to access the full content and functionality of the Licensed App for the fixed period of time stipulated on the gift card (e.g one month or a year). Your access will end automatically at the end of the specified period. There will be no automatic renewal and you will be not be charged (as payment will have been made by the person who purchased the gift card).
d. Free Trial Subscription Offers:
We frequently offer free trial subscriptions where users can register to access to the full content and functionality of the Licensed App for free for a short period of time (e.g. a month).
There are generally two different forms of free trial subscription we offer:
- Firstly, a free trial for a specified period of time, and at the end of that period your trial subscription and access to the full content and functionality of the Licensed App will cease automatically;
- Secondly, free access to the full content and functionality for a specified period of time before automatically starting a paid subscription. You may cancel during the free trial period in accordance with paragraph 16 below but if you do not cancel during the trial period, your paid subscription will start once the trial period ends.
e. Prices and payment:
Subscription prices are displayed on our website and in the Licensed App. The subscription price you pay will be the annual, monthly, or other price displayed at the time you order a subscription, for the subscription period you have selected. We will charge your credit card or debit card at the time of checkout, or at the time of any agreed subscription renewal.
f. Changes to Subscription Prices:
Prices for the Licensed App may change at any time. However, the price in place when you made your initial purchase or when your subscription last renewed will stay in effect for the duration of that subscription period, (even if we increase prices for new customers). However, new prices may apply to renewals or new subscriptions.
You will be automatically informed of any price increase in advance of your renewal date through email and/or push notifications. If you do not consent to the new price applying at renewal, or take no action, your subscription will expire at the end of your current billing cycle.
g. Currency, taxes and other transactional fees:
You will be charged in the currency displayed to you during the order process.
- Taxes: If you are a non-UK resident and/or paying in a foreign currency, you may have to pay applicable local taxes notified to you. Please check the position as OS will not be responsible for these taxes. All prices displayed in British Pounds Sterling include VAT. For prices displayed in other currencies please check the position on taxes in the applicable addendum to this EULA.
- Other foreign currency transaction fees: If you pay in a different currency to that of your banking or credit provider, you may be charged a foreign currency transaction fee by them. OS will not be responsible for any foreign transaction fees that may be applied by certain banks and credit card companies in addition to the subscription price. Please check with your bank or credit card issuer if any such charges would apply to you.
h. Pricing errors:
It is always possible that, despite our best efforts, a pricing error may arise. If this does occur and:
- the subscription price displayed is lower than the correct price, we will either contact you before accepting your offer to give you the opportunity to buy the subscription at the correct price or reject your offer to buy a subscription;
- the subscription price displayed is higher than the correct price, we will confirm the correct price to you in the dispatch confirmation email, provide you with access to your subscription, and refund the difference to your credit card or debit card (depending on the payment method you used).
i. Service Provider Fees:
As a result of the access and use of the Licensed App by your device, your wifi, internet, Bluetooth, mobile or other communication service provider may charge you additional fees for data usage, messaging and/or other wireless internet features, and you are solely responsible for such fees. It is your responsibility to confirm with your wireless internet service provider whether, and to what extent, any such fees apply to you.
9. Permitted Use of the Licensed App
We grant you a non-exclusive, limited, non-transferable, non-sublicensable, revocable, worldwide licence to access and use the Licensed App and its content solely for your own personal, non-commercial use, in compliance with the terms of this EULA.
You may download the Licensed App onto a maximum of 5 devices, but you may only cache data offline on 1 device concurrently.
a. Restrictions and Limitations on your use of the Licensed App
No commercial use is permitted under this EULA. If you would like to use any part of the content in the Licensed App for commercial purposes you will need to contact OS. This may be possible in some limited circumstances under an appropriate licence or other express written permission from us. Without obtaining such permission, any commercial use will amount to a breach of this EULA and an infringement of copyright and/or other intellectual property rights.
You must NOT:
- make multiple copies or scans, or distribute the content of the Licensed App for use by others except as permitted by a Group Subscription or otherwise expressly permitted by this EULA;
- modify, publish, sell, hire, lend, or sub-license any content for use by others except as permitted by a Group Subscription or otherwise expressly permitted by this EULA;
- decipher, decompile, disassemble or reverse engineer any part of the Licensed App, except as permitted by law;
- bypass the built-in print function to increase the printable area of the content; or
- alter or remove any trade marks or the copyright or personal use notices appearing in/on the Licensed App or print-outs.
If we conclude that the level of any map printing under your subscription exceeds reasonable and fair usage we may immediately suspend or terminate your subscription or registered account for the Licensed App. For guidance, we would consider that the sustained printing of more than 30 prints per week, as an individual Subscriber, would be materially outside of normal usage patterns for that user level, and would suggest that the individual may be sharing their account or using OS Maps for commercial purposes in breach of this EULA.
b. Procedure for sharing content from the Licensed App
The Licensed App includes a built-in sharing function which allows you to email a link, or upload a link to the internet (including to your social media sites), which then allows direct access to the Licensed App to others. You must not email, upload to the internet, or otherwise communicate any Licensed App content, for access or use by others, except by using this built in sharing functionality.
We reserve the right to immediately withdraw your linking permission on your account if you do not comply with this paragraph 9(b). Where we exercise this right, we will email you to inform you of our action and the reason why.
c. Embedding routes from the Licensed App
Where the Licensed App includes a built-in function that allows you to obtain a code snippet for a public route displayed on the mapping that you can copy and paste to your external website to embed and display that route on your external site (the Embedded Route), you may only display one Embedded Route per area of mapping.
You may only use the Embedded Routes or link to the Licensed App on your external site provided that:
- you do so in a way that is fair and legal and does not, nor is likely to, cause any damage to our reputation or take advantage of it;
- you do not misrepresent your relationship with us or suggest any form of association, approval or endorsement on our part where none exists;
- you do not do so in a way that is likely to give your users the impression that our content is yours;
- you do not create a frame or any other browser or border environment around the Licensed App;
- the site you link from does not contain content that is illegal or indecent, or infringes on any intellectual property rights or other rights;
- you ensure that for any Embedded Routes the Licensed App backdrop mapping, branding and copyright attribution statements provided by the Licensed App are displayed at all times and not removed, tampered with or replaced in any way.
We reserve the right to immediately suspend or disable any Embedded Routes on your account if you do not comply with this paragraph 9(c). Where we exercise this right, we will email you to inform you of our action and the reason why.
10. User Generated Content
The Licensed App allows you to create and share routes, information, data, photographs, comments and other content. Such content is referred to as User Generated Content.
- User Generated Activity Data which are the tracks of your activities that are automatically generated for you and recorded by GPS if you select the ‘Record Activity’ feature. They show the path you took and the time you took for that activity.
- User Generated Routes which are the routes that you plot in the Licensed App (i.e. for your walks, cycling, rambles, horserides, runs or other activities), or the routes that are generated automatically for you from your User Generated Activity Data, including any photos, descriptions or tags you attach to these routes.
Please note that your User Generated Routes will be publically accessible by all users of the Licensed App, unless you specifically mark them as private.
Please ensure that you either own or have appropriate permission to upload any User Generated Content before doing so.
The restrictions set out in paragraph 9a above do not apply to you in respect of your own User Generated Content.
If you create or contribute User Generated Content, you must NOT include any of the following (Restricted Content):
- material which is illegal or promotes illegality;
- misleading information;
- material which is likely to cause harm to others;
- material which is threatening, abusive, offensive or indecent;
- defamatory material;
- material which infringes copyright or any other intellectual property rights of a third party;
- personal information about you or a third party; or
- material which contains a virus or other harmful component.
We do not claim any ownership of any intellectual property rights which arise/subsist in your User Generated Content. However you grant us a royalty-free, worldwide, non exclusive, perpetual licence to display your User Generated Routes in the Licensed App (subject to any User Generated Content which you mark as private only being made available to you for the duration of your subscription to the Licensed App); and to use, store, reproduce, make derivative works of, and make your User Generated Content available to third parties, for any other purpose. (You agree to waive any moral rights subsisting in your User Generated Content).
You will be responsible to us for any losses, expenses or other costs incurred by us which are caused by you deliberately contributing any Restricted Content to the Licensed App.
Where permissible by law, we may disclose your identity and any other necessary information to any third party who claims that any User Generated Content submitted by you constitutes a violation of their intellectual property or other legal rights.
11. Takedown Procedure
OS is not responsible for any User Generated Content available on the Licensed App.
OS may, at any time, remove any unacceptable User Generated Content from the Licensed App, either in whole or in part (a Takedown). This will include (but without limitation) where we are notified or otherwise become aware or believe that any User Generated Content:
- includes any Restricted Content as set out in paragraph 10 above;
- breaches any applicable law, regulation, code of practice or is subject to an injunction or other action by a third party;
- is not in keeping with the purpose, themes or integrity of the Licensed App;
- is impacting the technical performance of the Licensed App;
- is generating complaints from other users or any third parties; or
- should not be made available for other reasons.
Where we conduct a Takedown, we will email the user who created the User Generated Content to inform them of our action and the reason why.
12. Intellectual Property in the Licensed App
The copyright and all other intellectual property rights subsisting in the Licensed App and the material included within and published on the Licensed App, (including any mapping data but excluding your User Generated Content which is owned by you) are owned by OS and/or our licensors (including the Crown and other users of the Licensed App).
All of the brand, product and/or service names used in the Licensed App are trade marks of OS or their respective third party holders and/or are protected by other intellectual property rights. Please see a non-exhaustive list of OS’s trade marks here. No such trade marks, brand, product or service names may be used without our express permission in writing.
13. Accuracy, availability and limitations of the digital content and functionality
The disclaimers and limitations of liability in this paragraph 13 do not apply to your Non-Excludable Rights, including those set out in paragraph 15 below and in Schedule B to this EULA.
The Licensed App delivers digital content which is created / owned by OS; content which has been created by, supplied and licensed to us by third party providers; and User Generated Content.
We have taken reasonable steps to ensure that the mapping, walking and cycling routes, and other digital content created by us and supplied by our licensors for use in the Licensed App is as accurate and as up to date as possible. However, it is possible that the content may contain errors, be incomplete or out of date. Please see paragraph 15 below which sets out the extent of our liability in respect to this digital content.
We do not check the accuracy, feasibility or safety of any User Generated Routes or any routes supplied by third parties. The views expressed in User Generated Content or any routes supplied by third parties are those of individual contributors and not necessarily those of OS. It is possible that the information found in User Generated Content and routes supplied by third parties contains errors, or is incomplete, or out of date. Please see paragraph 15 which sets out the extent of our liability in respect of this digital content.
The Licensed App has not been developed to meet your individual requirements. Please check that the facilities and functions of the Licensed App (as described on the App stores and in our documentation) meet your requirements.
The content delivered on the Licensed App is used at your own risk. It is not intended to amount to instructions or formal advice on outdoor activity participation, difficulty levels, risk assessment or health and safety, on which you should rely. You should always exercise your independent judgment when using content from the Licensed App.
Any times shown for walking, running or cycling routes will be rough estimates. These estimates assume that you are reasonably fit and travelling on typical terrain in normal conditions. Please make sure that you estimate your own route time making allowances for your own circumstances.
For safe outdoor activity and navigation, you should make your own risk assessment taking into consideration your personal experience, knowledge and capability; and the physical environment. We recommend that you allow a reasonable margin for error. You should take particular care in poor visibility and other poor weather conditions. The content in the Licensed App is not intended to replace the information presented in your physical environment such as local hazard signage or the Highway Code and the Licensed App should not be relied on when this is in conflict.
Coordinates are the coordinates of the destination of any route (whether on a map and/or through a description in words) where the route is created by the Licensed App in response to a request by you. Where the Licensed App enables you to do so, you may download these coordinates for your own personal non-commercial use. However we cannot guarantee and we shall have no obligation to ensure that the Licensed App is configured to enable you to download the Coordinates.
We cannot guarantee the ongoing supply of any content sourced from third parties, including certain points of interest and leisure route information, and we may alter the third party content we provide via the Licensed App at any time.
14. Availability of the Licensed App
The disclaimers and limitations of liability in this paragraph 14 do not apply to your Non-Excludable Rights, including those set out in paragraph 15 below and in Schedule B to this EULA.
We cannot guarantee that the Licensed App will always be available or uninterrupted.
We will always try to notify users of downtime in advance. However, we may have to suspend, withdraw, discontinue or change all or any part of the Licensed App without notice where it is necessary to do so on an urgent basis, for example to comply with a legal requirement, or to conduct emergency maintenance to protect the security and integrity of the Licensed App.
In addition to the above, as we are constantly enhancing the Licensed App we reserve the right to suspend access in order to make technical adjustments, fix errors, improve features or make minor changes from time to time.
Some functionality of the Licensed App requires wifi, internet, Bluetooth and/or GPS coverage. Where the Licensed App or any of its features are unavailable due to issues with these networks, we are not liable for this loss of functionality. We recommend that you download the mapping and routes to use offline to overcome any problems with them being unavailable due to network issues.
We also recommend that you back up any content and data used in connection with the Licensed App, to protect yourself in case of problems with the Licensed App.
We do not guarantee that the Licensed App is available or accessible on all devices, wifi, internet, Bluetooth, mobile or other connections. You are responsible for ensuring that your device meets the minimum operating requirements.
We cannot guarantee that the Licensed App, or the servers that makes it available are free from viruses or bugs. It is your responsibility to implement any procedures and virus checks to satisfy your own requirements.
15. Responsibility for loss or damage suffered
The exclusions and limitations of liability in this paragraph 15 do not apply to your Non-Excludable Rights, including those set out below and in the country specific Schedules to this EULA.
a. Non Excludable Rights:
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for fraud, fraudulent misrepresentation, death or personal injury caused by our negligence.
b. What to do if you experience a problem with the Licensed App
If you experience a problem with the Licensed App, or its digital content, please contact us via our Customer Services team here.
If we are satisfied that the Licensed App and/or its digital content is damaged, defective or incorrectly supplied, we will assist you to repair or replace the Licensed App together with your saved content, or give you the option to receive a full refund.
c. Exclusions of liability
Except in relation to your Non-Excludable Rights, the Licensed App is provided to you "as is" and OS makes no representations, warranties or guarantees (express or implied) regarding availability, accuracy, completeness or currency of the Licensed App and its contents nor its suitability for any particular purpose.
We are not liable to you for any (i) losses that were not foreseeable by both parties when you entered into EULA; and (ii) losses that were not caused by an act or omission of OS; whether in contract, in tort (including negligence), under any statute or otherwise under or in connection with this EULA and the provision and receipt of the Licensed App.
As set out in paragraph 9, we only provide the Licensed App for personal and non-commercial use under this EULA. We have no liability to you for any loss of profit, loss of business, loss of goodwill or business reputation, loss of data, business interruption, or loss of business opportunity suffered by you whether in contract, in tort (including negligence), under any statute or otherwise under or in connection with this EULA which is related to any commercial or business use of the Licensed App.
Any third party websites we link to are outside of our control and we accept no responsibility for their content or for the products or services they provide. Links or access to third party websites are for information purposes only and the appearance of those links should not indicate any endorsement by OS of the third party products or services.
d. Limitations of liability
Subject to the above paragraphs, our total aggregate liability under or in connection with this EULA and the provision and receipt of the Licensed App (whether in contract, tort (including negligence), under statute or otherwise) is as follows:
- If you have purchased a subscription to the Licensed App: it will be limited to the amount paid by you to us within the 12 month period immediately preceding your claim against us; or £75.00, (whichever is higher);
- If you are using a free version of the Licensed App: it will be excluded to the maximum extent permitted by law.
If defective digital content that we have supplied in connection with the Licensed App damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we may limit our liability to either repairing the damage or paying you compensation (subject to the cap above). However, we will not be liable for damage that you could have avoided by following our advice to apply an update to the Licensed App offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place any minimum system requirements advised by us.
e. Your responsibility
You will be responsible to us for any losses, expenses or other costs incurred by us which are caused by:
- your breach of this EULA or the third party additional terms set out in Schedule A;
- any unlawful, negligent (act or failure to act), or wilful misconduct by you in connection with your use of the Licensed App or any of the third party data contained on the Licensed App; and
- your misuse of our intellectual property rights or any third party intellectual property rights (e.g. the third party data contained in the Licensed App).
16. Bringing our contractual relationship with each other to an end - Termination / Suspension / Cancellation
a. Our right to terminate this EULA:
OS shall monitor your use of the Licensed App. In addition to our other termination rights set out in this EULA, we reserve the right to block, suspend or terminate your use of the Licensed App, on written notice to you, at any time if we reasonably suspect that you have failed to comply with any of the relevant terms and conditions set out in this EULA.
b. Your right to cancel as a Guest User or a Registered User:
If you are using the Licensed App as a Guest User or a Registered User, you may immediately terminate this EULA at any time without notice to us by ceasing to use the Licensed App.
c. Your right to cancel a paid for subscription for change of mind:
If you have purchased a subscription, and you change your mind, you may cancel the subscription within 14 days of the purchase date by contacting our Customer Services team here. In this case, this EULA will terminate immediately and we will refund your full subscription fee to you. However, please note that if you access or use the Licensed App during this 14 day period, you will lose this right to cancel.
d. Your right to cancel your recurring subscription for no reason:
You may cancel your recurring subscription at any time up until 2 working days prior to the expiry of the existing subscription period by contacting our Customer Services Team here. If you do cancel a recurring subscription within this timeframe you will still be entitled to use the Licensed App until the end of the subscription period you have paid for, but your access to the full content and functionality of the Licensed App permitted by your subscription will then cease. Please note that you are not entitled to any refund for the remaining period of any subscription, for change of mind, even if you decide to stop using the Licensed App before the end of your paid-for subscription period.
e. Your right to cancel during a free trial subscription
As described in paragraph 8d, we offer a variety of free trial subscriptions. If you register for a free trial subscription which offers free access to the full content and functionality for a specified period of time before starting a paid subscription, you may cancel the subscription at any time up until 2 working days prior to the expiry of the free trial period by contacting our Customer Services Team here. Your trial subscription will then cease at the end of the specified period and you will incur no charge. However, if you do not cancel during the trial period, your paid subscription will start once the trial period ends.
f. Your legal rights to cancel:
If you have a legal right to terminate this EULA as a result of an act or omission of ours, you may terminate by contacting our Customer Services Team here and this EULA will end immediately and we will refund you for any fees you have pre-paid.
17. Contracts (Rights of Third Parties) Act 1999
With the exception of the parties listed below, a person who is not a party to this EULA has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce or enjoy the benefit of any term of this EULA:
Mapbox Inc., a Delaware corporation whose address is at 1714 14th Street, NW, Rear Entrance, Washington, DC 20009 (Mapbox); and Apple Inc., a California corporation with its principal place of business at One Infinite Loop, Cupertino, California, 95014, USA (Apple) shall be entitled to enforce this EULA under the Contracts (Rights of Third Parties) Act 1999.
A Smart Map is an OS Explorer, Explorer Outdoor Leisure, or Landranger map which contains a code which can be used to download a free digital map for use within the mobile app version of the Licensed App. You can redeem your code at any time up to 1 year after purchase of the Smart Map by visiting the following url: http://os.uk/redeem. Where you have purchased a SmartMap and revealed the code, we will be unable to accept return of the SmartMap for change of mind nor will we be able to offer a refund for change of mind. This does not affect your statutory rights.
You shall comply with all applicable foreign and local laws and regulations which apply to your use of the Licensed App in whatever country you are physically located, including without limitation, consumer law and export control laws and regulations.
We will not be responsible for any breach of this EULA caused by circumstances beyond our reasonable control.
You may not assign, sub-license, share or otherwise transfer any of your rights under this EULA, except as permitted by a Group Subscription or otherwise expressly permitted by this EULA.
If any provision of this EULA is found to be invalid or unenforceable by any court or other authority having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of this EULA, which shall remain in full force and effect and will not in any way be impaired. If any provision of this EULA is found to be invalid or unenforceable but would be valid or enforceable if some part of the provision were deleted, or the period of the obligation reduced in time, or the range of activities or area covered reduced in scope, the provision in question will apply with the minimum modifications necessary to make it valid and enforceable.
We expressly disclaim all warranties, conditions, statutory rights and implied terms that we are able to exclude under applicable law. Certain jursidictions do not allow for the exclusion of certain warranties. To the extent such exclusions are specifically prohibited by applicable law, some exclusions may not apply to you.
The waiver on a particular occasion by either party of rights under this EULA does not imply that other rights will be waived.
No delay in exercising any right under this EULA shall constitute a waiver of such right.
This EULA forms the entire agreement between you and us and supersedes any other communications or advertising with respect to OS Maps.
This EULA will be governed by English law and both OS and you submit to the exclusive jurisdiction of the English courts.
SCHEDULE A: THIRD PARTY TERMS
1. Platform Distributor Terms
This Licensed App is distributed through the Apple App store (iOS) and the Google Play (Android) mobile app distribution platforms. We are legally obliged to include the following Google and Apple terms in this EULA.
1.1 Google Play
Where you have downloaded the Licensed App from the Google Play store, your use of Google’s services through which you can buy, get, license, subscribe to and cancel content, apps and other in-app services are governed by Google’s terms available here.
1.2 Apple App Store (iOS branded products)
These Additional Apple End User Terms apply where you have downloaded the Licensed App on an Apple branded iOS Product, the following terms and conditions apply:
You and we both acknowledge that this EULA is concluded between OS and you, and not with Apple, and OS (not Apple), is solely responsible for the Licensed App and the content thereof.
b. Scope of License
The license granted to you for the Licensed App is limited to a non-transferable license to use the Licensed App on any Apple-branded products that you own or control, and as permitted by the ‘Usage Rules’ set forth in Apple Media Services Terms and Conditions, except that the Licensed App may be accessed and used by other accounts associated with the purchaser via Apple’s ‘Family Sharing’ or volume purchasing rights.
c. Apple Media Services Terms and Conditions
Your use of Apple’s services through which you can buy, get, license, rent or subscribe to content, apps and other in-app services are governed by the following Apple’s terms available here.
d. Maintenance and Support
OS is solely responsible for providing any maintenance and support services with respect to the Licensed App. You and OS acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the the Licensed App.
Apple excludes any warranty obligation whatsoever with respect to the Licensed App, to the maximum extent permitted by law.
f. Product Claims
Apple are not responsible for addressing any claims by you or any third party relating to the Licensed App or your possession and/or use of the Licensed App, including, but not limited to:
a. product liability claims;
b. any claim that the Licensed App fails to conform to any applicable legal or regulatory requirement; and
c. claims arising under consumer protection, privacy, or similar legislation.
g. Intellectual Property Rights
In the event of any third party claim that the Licensed App or your possession and use of the Licensed App infringes a third party’s intellectual property rights, OS (and not Apple) shall be responsible for the investigation, defence, settlement and discharge of any such claim.
h. Legal Compliance
You represent and warrant that:
i. you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and
ii. you are not listed on any U.S. Government list of prohibited or restricted parties.
i. Third Party Beneficiary
Notwithstanding paragraph 17 above, you and we acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this EULA, and that, upon your acceptance of the terms and conditions of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third party.
2. Third Party Additional Terms – Licensed App Functionality
Certain functionality within the Licensed App is made possible as a result of licensing arrangements with third parties and/or is licensed directly to you by third parties. We are legally obliged to include the following third party terms in this End User Licence Agreement. Nothing in these third party terms excludes, restricts or modifies our obligations to you in relation to the Licensed App under your Non-Excludable Rights.
2.1 MAPBOX INC
The Licensed App uses services and tools owned and operated by Mapbox, who require OS to include the following terms and conditions in this EULA:
- your device shall populate its cache using direct requests to Mapbox and content from a cache may only be consumed by a single end-user;
- you may not distribute maps served from Mapbox to third parties;
- you may not scrape or undertake any mass download for any purposes other than offline caching on your single end-user device;
- you may not use the Mapbox services for any purpose that is in breach of the OS Map EULA or that would amount to unacceptable use of the Licensed App if done by you;
- you may not use the Licensed App in any manner which could damage, disable, overburden or impair the Licensed App or interfere with any other user’s use and enjoyment of the application;
- you may not export any coordinate information or address information derived from the results of a request to the application;
- you must comply with any other restrictions identified by Mapbox in its Terms of Service, which can be found at the following url: https://www.mapbox.com/tos/#start
2.2 Microsoft End User Terms (only applicable for OS Maps Browser Version only)
3. Third Party Additional Terms – Mapping Content in the Licensed App
Third Party Libraries and Open Source content are used within the Licensed App. Full licence details can be found on our website here.
Certain mapping content from third party licensors within the Licensed App is expressly indicated as such within the Licensed App and licensed to you under separate terms (including for example, under a Creative Commons licence or variant). You will find a hyperlink within the Licensed App that directs you to the separate licensing terms. By using, downloading or otherwise accessing such content you agree to comply fully with the terms of the separate licence that applies to such content and that the terms of the applicable separate licence are concluded between the licensor and you (not OS).
3.1 Open Street Map
The Licensed App uses data derived from Open Street Map data licensed under the separate terms of the Open Database Licence v 1.0 (Odbl).
- Route Geometries. OS has created a Derivative Database for routes geometries shown within the Licensed App. This is based on the method whereby the ‘Clicks’ of a user on the map to plot User Generated Routes are combined with Open Street Map data through the Graphopper routing engine. The code for the Graphopper routing engine can be obtained via the following link and is licenced under the Apache 2.0 licence here. The algorithm that OS uses to create the Route Geometries is released under the Open Database Licence v 1.0 is also available via this link.
- POI Tags. OS has created a Derivative Database of points of interest tags (POI Tags) for User Generated Routes in the Licensed App that is based on the Open Street Map Points of Interest data and route geometries showing points of interests in proximity to such routes. OS releases the following algorithm that is used to tag OpenStreet Map Points of Interest data to routes (where the point of interest falls within a buffer zone of 100m of a route line) under the terms of the Open Database Licence v 1.0.
4. Third Party Additional Terms – Routes in the Licensed App
4.1 Outdoor Active
We are legally obliged by our contractual arrangements with Outdoor Active GmbH to inform you that the Licensed App uses the technology and content (routes) from the Outdooractive Platform.
Schedule B - ADDITIONAL INFORMATION FOR INTERNATIONAL USERS (OUTSIDE OF THE UK)
All prices displayed in Australian Dollars include GST.
a. Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:
- to cancel your service contract with us; and
- to a refund for the unused portion, or to compensation for its reduced value.
b. You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.
c. The disclaimers, limitations of liability and other terms in this EULA are subject to, and do not apply to the extent that they limit, any Consumer Guarantees that may apply to you if you are a Consumer.
d. If you wish to exercise your rights in relation to defective digital content under paragraph 15 of the EULA, please note the following:
- Claims should be submitted to Ordnance Survey Leisure Limited. Our company details are set out in paragraph 4 of the EULA and if you wish to get in touch with us please contact our Customer Services Team using the details on our Contact Us
- Please submit any claims to us in writing using the contact details above. When you submit your claim, you must identify the defective digital content and explain how it has caused damage to your device or digital content. Once your claim is received, our representative (or our authorised service agent) will assess whether the claim is valid and, if it is, will inform you of how we will honour your claim (i.e. whether we will repair the damage or pay you compensation).
- If you need to incur any expenses in order to make your claim (such as postage costs to send your device to our nominated repairer), please contact us first. We will reimburse any reasonable expenses that you need to incur in order to make your claim.
- If we accept your device or digital content for the purpose of repairing them, please note that:
- the repair of your device or digital content may result in the loss of user-generated data stored on that device or in that digital content (e.g. if your device is a smart phone or tablet computer, the repair may result in the loss of the photos, media, files and other data stored on that device); and
- goods presented for repair may be replaced by refurbished goods of the same type rather than being repaired. Refurbished parts may be used to repair the goods.
- Your rights and remedies to bring a claim under paragraph 15 of the EULA in relation to defective digital content are in addition to the Consumer Guarantees and any other rights and remedies you may have under law in relation to the defective digital content.
e. The capitalised terms "Consumer" and "Consumer Guarantees" in this Schedule have the meaning given to them under Australian Consumer Law and "Australian Consumer Law" means Schedule 2 of the Competition and Consumer Act 2010 (Cth) and the corresponding provisions of state and territory fair trading legislation.
EULA Version: 1 February 2021