Legal

General Terms & Conditions

1. Introduction

1.1. These General Terms and Conditions (these "General Terms") apply to all Services provided by Us, including where the Services are provided on a free of charge trial basis. The "Agreement" between You and Us comprises the Order Form(s), these General Terms, the Jurisdiction Specific Terms, the Product & Feature Specific Terms, and the Policies and, in the event of any conflict, shall apply in that order. The Jurisdiction Specific Terms, Product & Feature Specific Terms and the Policies are located at (www.land.tech/legal) and, along with these General Terms, are incorporated into each Order Form by reference. Where there is no Order Form (for example where You are using the Services on a free-of-charge basis), Your use of the Services constitutes Your acceptance of this Agreement.

1.2. The Services are intended for business use and not personal use. Accordingly, You confirm that You are entering into the Agreement in a business capacity and not as a consumer. If You are not using the Services for business purposes then You must not use the Services.

1.3. You must purchase sufficient Licences to cover Your Users and You may not allow any Licences to be shared between multiple Users or individuals. Each of Your Users must have their own licence to be able to use the Services and You and Your Users must ensure that you abide by any geographic or other restrictions applicable to the Licenses you have purchased.

1.4 Capitalised terms not otherwise defined herein will have the meanings given in the "Definitions" section at the end of these General Terms.

2. Term, Fees and Termination

2.1. Provision of the Services shall commence on the date stated on the Order Form (unless otherwise agreed by the parties) and shall continue for the Initial Term unless terminated in accordance with these General Terms.

2.2. Each Order Form shall automatically renew for consecutive periods of 12 months (each a "Renewal Term") unless terminated by either Party serving notice at least 30 days prior to the end of the Initial Term or the then current Renewal Term. The Fees for each Renewal Term shall automatically increase by 5% (five per-cent) from the immediately preceding period. If You do not wish to accept the revised Fees then You must give notice under this clause to prevent automatic renewal occurring. If You do not give such notice within the required time period then the Agreement will renew for a Renewal Term at the revised Fees.

2.3. Unless agreed otherwise, all Fees are payable annually in advance and within 14 days of receipt of invoice. Fees are based on Services purchased and specified on an Order Form and additional Fees will be due for any additional Services purchased. The Services and/or number of Licences (including any additional Licences purchased during the Term) may not be reduced or cancelled during the Term unless a specific termination right is set out in the Agreement.

2.4. Unless the Order Form states to the contrary, the Initial Term, Renewal Term, notice period and billing frequency are as set out in the Product & Feature Specific Terms. All Fees are exclusive of VAT or any other sales or other tax (which shall be payable in addition).

2.5. If any Fees properly owing to Us remain unpaid 7 days after the due date then, without limiting any other rights or remedies, we may suspend the provision of the Services until all overdue amounts are paid in full. You shall reimburse Us for any out-of-pocket costs We incur in obtaining payment from You including reasonable legal fees and associated costs. We will only reactivate Your access to the Services once all outstanding Fees and costs have been paid in full, including any Fees relating to the period of suspension.

2.6. In addition to the provisions in clause 2.5, we may immediately suspend Your access to the Services if: (i) you breach our Acceptable Use Policy; or (ii) we determine in good faith that such suspension is necessary to avoid possible harm to Our, Your, or any third party’s systems or information. We will notify You of any such suspension and reason therefor as soon as commercially practicable, and will cooperate diligently to restore service as soon as commercially practicable once the underlying issue is resolved.

2.7. You must ensure that We have accurate and complete contact, billing and payment information at all times. If the Order Form indicates that You will pay by credit card, You authorise Us to charge Your credit card or bank account for all fees payable during the Term (including for any Renewal Term, as applicable), You further authorise Us to use a third party to process payments and consent to the disclosure of Your payment information to such third party.

2.8. Without affecting any other right or remedy available, either Party may terminate the Agreement with immediate effect by written notice to the other Party if the other Party: (i) commits a material breach of the Agreement which is incapable of being remedied or which it fails to remedy within 30 days of written notice to do so; (ii) is subject to any insolvency procedure; or (iii) ceases or threatens to cease trade.

2.9. Without prejudice to any rights or remedies that have accrued under this Agreement, We may at any time terminate or suspend this Agreement, in whole or in part, with immediate effect by giving written notice to You if: (i) You are in breach of any applicable law; (ii) We are required by a regulatory authority; or (iii) to the extent that clause 10 applies, You are in breach of Your warranties under Clause 10.2.

2.10. If You validly terminate the Agreement under clause 2.8 then You shall be entitled to a pro-rated refund of any prepaid Fees which relates to the period after termination. If We validly terminate the Agreement under clause 2.8 then all unpaid Fees for the remainder of the Term shall become immediately due and payable to Us.

2.11. On termination of the Agreement, howsoever arising, Your right to use the Services shall immediately cease. Any rights, remedies, obligations or liabilities of each Party that have accrued prior to the effective date of termination shall survive termination of this Agreement as will any clauses of the Agreement which are expressly or impliedly intended to survive termination of the Agreement.

3. Our Obligations

3.1. We will provide the Services in accordance with the Agreement and exercising reasonable care and skill.

3.2. We will use commercially reasonable efforts to make the Services available 24 hours a day, 7 days a week and 52 weeks per year subject to any planned, unplanned or emergency maintenance which may affect the provision of the Services.

3.3. We shall comply with all applicable Modern Slavery Legislation and Anti-Bribery Legislation and any other laws or regulations applicable to Us or the provision of the Services.

4. Your Obligations

4.1. You are responsible for: (i) ensuring that You have appropriate infrastructure in place to access and use the Services; (ii) ensuring that You and Your Users use the Services in accordance with the Agreement, including the Acceptable Use Policy; and (iii) any breach of the Agreement by You and/or Your Users.

4.2. You shall comply with any legal or regulatory requirements applicable to You, Your Users and/or Your use of the Services including the Modern Slavery Legislation and Anti-Bribery Legislation.

4.3. You confirm that anyone executing an Order Form or other document on Your behalf is authorised to do so and that any internal approvals You may require have been satisfied prior to entering in to an Order Form.

4.4. Certain of Our services allow You to upload, store or post Your own data, comments and opinions for public or private use which all comprise Your Data. You are solely responsible for the content of Your Data and for ensuring that it complies with the Acceptable Use Policy and, if applicable, the Community Guidelines. You upload Your Data at Your own risk and You are solely responsible for ensuring You create any backups that You require of Your Data. You shall be fully responsible for the legality, reliability, integrity, accuracy, content and quality of Your Data. We shall not be responsible for any loss, destruction, alteration or disclosure of Your Data.

5. Intellectual Property

5.1. We (and Our licensors) reserve all rights, title and interest (including all intellectual property rights) in the Services and their underlying technology, Anonymous Data and all other intellectual property rights arising out of the performance of Our obligations under this Agreement. We grant You (and Your Users) a non-transferable and non-sublicensable right to use the Services during the Term, subject to the terms of the Agreement. To the extent that You or any of Your representatives acquires any intellectual property rights the Anonymous Data or any other part of the Services or their underlying technology, You shall assign, or procure the assignment of, such intellectual property rights with full title guarantee (including by way of present assignment of future intellectual property rights) to Us or such third party as We may elect. You shall execute all such documents and do such things as We may consider necessary to give effect to this Clause 5.1.

5.2. You grant Us the right to process and use Your Data to provide the Services to You. Except as needed to provide the Services, We shall have no rights to, or in, any intellectual property rights or any other rights or licences in respect of Your Data. Your Data does not include Anonymous Data. You agree that We have the right to create Anonymised Data pursuant to Our provision of Services. We own Anonymous Data, and we may use, combined and disclose Anonymous Data to maintain and improve the Services and our other offerings, analyse industry trends, and for other business purposes during or after the expiry or termination of the Agreement.

5.3. Your feedback and input is important to Us in helping to improve our products and services and so there may be times when We ask You to give us feedback on Our services and/or future plans. If You or Your Users choose to provide us any feedback or suggestions (collectively, “Feedback”), You hereby grant Us a perpetual, irrevocable, royalty-free, worldwide license to use, modify, and implement such Feedback in our offerings without any right of attribution or accounting (but we will have no obligation to implement such Feedback).

5.4 You hereby waive (and shall ensure all relevant third parties and representatives have waived) all rights to be identified as the author of any work, to object to derogatory treatment of that work and all other moral rights in the intellectual property rights assigned to Us under this Agreement.

6. Personal data

6.1. We will process all personal data in accordance with Our Privacy Policy and the Data Processing Agreement set out on the Website. The Services are not intended to process special categories of personal data (as defined in applicable Data Protection Legislation) or other sensitive personal data (collectively, “Sensitive Information”). Accordingly, you will not submit any Sensitive Information to the Services.

7. Confidentiality

7.1. The Party receiving Confidential Information (”the Recipient”) will only use the Confidential Information provided by the other Party (”the Discloser”) to perform its obligations or exercise its rights under this Agreement. The Recipient will not disclose Confidential Information to any individuals or entities except for its and its Affiliates’ officers, employees, agents, and representatives who have a need to know such Confidential Information and who are bound by confidentiality obligations at least as protective as those set forth herein. The Recipient will maintain the Confidential Information in confidence using the same degree of care as it uses to protect its own similar information (but no less than reasonable care) and will be liable for any unauthorized use or disclosure of the Confidential Information. The protections set forth herein will continue to apply to any Confidential Information disclosed during the Term for the greater of five years, or so long as such Confidential Information is protected as a trade secret under applicable law.

7.2. Upon termination of this Agreement, the Recipient will promptly return or destroy all Confidential Information (including any copies thereof) in its possession or control, except that the Recipient may retain: (i) any copies required to be retained under applicable law and (ii) copies in backup or archive media created in the ordinary course of business; provided in each case that the obligations of confidentiality hereunder will continue to apply to such retained copies.

7.3. The Recipient may disclose Confidential Information to the extent required under applicable law, provided that the Recipient will (if legally permitted) provide the Discloser with prompt written notice sufficient to allow the Discloser an opportunity to appear and object to such disclosure.

8. Liability and Indemnity

8.1. Nothing in the Agreement shall limit or exclude either Party’s liability for death or personal injury arising from negligence, for any fraudulent misrepresentation, or for any other liability which cannot be limited or excluded by law.

8.2. Save in respect of liability arising under clause 8.1, and excluding Your obligation to pay the Fees, neither Party’s total aggregate liability under the Agreement, whether in tort (including negligence or breach of statutory duty), misrepresentation or otherwise, shall exceed the total Fees paid or payable by You in the twelve month period preceding the event giving rise to the claim.

8.3. Subject to clause 8.1, neither Party shall be liable whether in tort (including negligence or breach of statutory duty), contract, misrepresentation, restitution or otherwise for any loss of profits, loss of business, depletion of goodwill, and/or similar losses or for any pure economic loss, or for any special, indirect, incidental, or consequential loss, costs, damages, charges or expenses.

8.4. To the maximum extent allowable by law, and except as expressly set out in the Agreement, We offer the Services on an ”as is” and ”as available” basis without any other representations or warranties (express, implied, or statutory). We do not guarantee that the Services will meet your needs or be uninterrupted or error-free and all warranties, representations, conditions and all other terms of any kind implied by statute or common law are excluded.

8.5. Our Services incorporates data provided by third parties which We are unable to verify as to accuracy or completeness. As such, neither We nor those third parties, make any warranty (or accept any liability in respect of) the accuracy, completeness or fitness for a particular purpose of any data accessed as part of the Services. You acknowledge and agree that: (i) You are solely responsible for results obtained from the use of the Services (by You or any of Your Users) and any action You take based on such data or results; and (ii) any content generated from Our performance of the Services is not intended to amount to advice on which You should rely. You agree to obtain professional or specialist advice before taking, or refraining from, any action on the basis of information generated from the Services.

8.6. Through your use of the Services You may have access to third party websites, platforms, content, products, services, and information (“Third Party Services”). Unless otherwise stated in this Agreement, all ownership and intellectual property rights in and to Third Party Services and Your use of any Third Party Services is governed by separate third party terms between You and the relevant third party. You acknowledge and agree that: (i) We do not control and are not responsible for any Third Party Services; and (ii) You are solely responsible for complying with the terms of access and use of Third Party Services. To the maximum extent allowable by law, We disclaim all liabilities arising from or related to Third Party Services.

8.7. We may from time to time provide certain Services on a free-of-charge basis (“Value Add Services”). Notwithstanding Clause 8.2, save in respect of liability arising under clause 8.1, in no event shall Our total aggregate liability under the Agreement arising as a result of or in connection with your use of the Value Add Services, whether in tort (including negligence or breach of statutory duty), misrepresentation or otherwise, exceed the amount of one hundred pounds (£100). You acknowledge that We may withdraw Value Add Services on giving little or no notice and, to the maximum extent allowable by law, without liability.

8.8. We will indemnify, defend, and hold You harmless from and against any losses, liabilities, damages, fees, costs, and expenses (including reasonably legal fees) (collectively, "Losses") You may incur in connection with a third-party claim to the extent arising out of any allegation that the Services infringes any third party’s intellectual property or proprietary rights. We will have no obligation for any claims arising out of: (a) misuse or modification of the Services, (b) combination of the Services with any components not provided by Us, or (c) Your Data or Our conformance with Your specific requirements or instructions. If a third-party claim of infringement is threatened or occurs, We may seek to mitigate damages by modifying the Services to be non-infringing, obtaining a license for You to use the Services, or (if neither of the foregoing are commercially feasible) terminating this Agreement and refunding to You any unused, prepaid Fees. The provisions of this paragraph set forth Our exclusive liability, and Your exclusive remedy, for any such third-party claims.

8.9. The Party seeking indemnification hereunder will: (i) give the indemnifying Party prompt written notice of the claim (provided that no delay will affect the indemnifying Party’s obligations except to the extent materially prejudicial to it); (ii) give the indemnifying Party control of the defence and settlement of the claim; and (iii) cooperate with the indemnifying Party in defending or settling such claim, at the indemnifying Party’s expense. The indemnified Party will have the right to participate at its own expense in the defence and settlement of any claim. Neither Party may consent to the entry of any judgment or enter into any settlement that adversely affects the rights or interests of the other Party without such party’s prior written consent, which may not be unreasonably conditioned, delayed or withheld.

9. General

9.1. We are continually looking to improve our services as well as launching new functionality from time-to-time. As such, We reserve the right to make improvements and modifications to the Services from time to time.

9.2. We also reserve the right to update the General Terms, the Product & Feature Specific Terms and/or the Policies (but not the content of any Order Form) from time to time by publishing updated versions on the Website. Changes will take effect upon publishing on the Website, provided that material changes will not take effect until the next renewal of the Order Form (which includes renewal under clause 2.2 above) or the entering into of a new or additional Order Form.

9.3. Provided that We comply with any brand guidelines You provide to Us, and subject to Your prior written (or emailed) consent: (a) We may use Your brand or corporate name, trade name and logo to identify You as a customer of Ours on Our website and in Our marketing materials; and (b) you will reasonable cooperate with our requests regarding joint marketing activities such as a case study, reference calls and giving fair and accurate reviews.

9.4. No failure or delay by either Party to exercise any right or remedy in the Agreement or under any law shall constitute a waiver or such right or remedy.

9.5. If any provision of these General Terms is found by a court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in full force and effect and the offending provision shall continue to apply with whatever modification required to give effect to the commercial intent of the Parties.

9.6. The Agreement, and any document referred to in it, constitute the entire agreement between the Parties in relation to the Services.

9.7. Each Party acknowledges and agrees that it is entering into the Agreement as an independent business and not as a partner or agent of the other Party. Further, each Party acknowledges that it has not relied on any undertaking, promise, assurance, statement, representation, warranty or understanding (whether written or oral) relating to the subject matter of this Agreement other than as expressly set out in the Agreement.

9.8. Neither Party shall, without the written consent of the other Party, assign any rights or obligations under this Agreement. However, either Party may assign this Agreement without the other Party’s consent to any Affiliate, to any successor by merger or to the purchaser of all of its assets on a going concern basis.

9.9. This Agreement does not confer any rights on any person or third party other than the Parties and their permitted successors and assigns.

9.10. Any legal notice required to be given under this Agreement shall be in writing in English and shall be emailed to: (i) in the case of Us, legal@land.tech; and (ii) for Your attention, to Your primary contact email address as provided to Us. Normal communications shall be directed to the primary contacts of each Party. Notices served by email shall be deemed to be received on the working day after sending provided that the email was sent to the correct email address.

9.11. The Land Technologies entity you are entering into an Order Form with, the governing law, jurisdiction and dispute resolution for the Agreement will be as laid out in the Jurisdiction Specific Terms.

10. Your Materials and Marks

10.1. The provisions in this Clause 10 apply if: (a) You (or any of Your Users) uploads to or makes available on the Services Your Materials or Your Marks; or (b) We require use of Your Materials or Your Marks in order to provide You the Services under this Agreement.

10.2. You warrant and represent to Us that You own or have obtained all necessary rights or licenses (as applicable) in and to Your Materials and Your Marks necessary to perform Your obligations and grant the licences set out in this Agreement and that Our use of Your Materials and Your Marks in accordance with this Agreement will not infringe the intellectual property rights of any third party.

10.3 You will indemnify, defend, and hold Us harmless from and against any losses, liabilities, damages, fees, costs, and expenses (including reasonably legal fees) (collectively, "Losses") We may incur in connection with a third-party claim to the extent arising out of any allegation that Our use of You Materials or You Marks infringes any third party’s intellectual property or proprietary rights.

Definitions

We/Us/Our means the Land Technologies entity you are entering into an agreement with as laid out in the Jurisdiction Specific Terms.

You/Yours means the person or entity named on the Order Form or making use of the Services.

Affiliate means any entity which directly or indirectly, through one or more intermediaries, controls, or is controlled by, or is under common control with a Party to this Agreement (whether by way of majority voting stock ownership or the ability to otherwise direct or cause the direction of the management and policies of such Party, for so long as such control exists).

Anonymous Data means technical or usage data regarding the usage, operation, and performance of the Services, and any other data (including Your Data and any data that has been generated by Our performance of the Services) that has been aggregated or otherwise anonymized or de-identified such that it cannot be associated with You or any User.

Anti-Bribery Legislation means the UK Bribery Act 2010, the US Foreign and Corrupt Practices Act 1977 and any similar legislation that applies to Us or the customer.

Confidential Information means information that is proprietary or confidential and is either clearly labelled as such or which would reasonably be considered to be confidential in nature. Our Confidential Information includes Anonymous Data and any non-public information regarding the Services and their functionality and performance. Your Confidential Information includes Your Data. Confidential Information does not include information that: (a) is already known to recipient without obligation of confidentiality; (b) is in or enters the public domain through no wrongful act of the recipient; (c) is or was lawfully received by recipient from a third party without confidentiality obligations; or (d) can be established by written documentation to have been independently developed by recipient without use of the Confidential Information.

Fees means the agreed charges which are set out in an Order Form in respect of the Services.

Initial Term means the initial contract period set out either in the Order Form or the Product & Feature Specific Terms.

Licence means the right for a single User to access and make use of the Services.

Modern Slavery Legislation means the UK Modern Slavery Act 2015 and any similar legislation that applies to LandTech or the customer.

Order Form means a document or online form which contains (and confirms) all of the agreed details of the Services to be provided. An Order Form may be a physical document or contract, an online payment window or a detailed order form, in each case which reference these General Terms.

Policies means Our policies as set out on the Website including, but not limited to, the Acceptable Use Policy, the Privacy Policy and the Anti-Bribery & Corruption Policy.

Product & Feature Specific Terms means the terms applicable to Our specific products, services and modules as set out on the Website.

Services means the specific services ordered by You as set out in an Order Form.

Term means the Initial Term plus any Renewal Term(s).

Users means those individuals who are authorised by You to use a Licence.

Website means www.land.tech/legal.

Your Data means the data inputted by You (including personal data) and/or Your Users for the purpose of using the Services or facilitating Your use of the Services, and which might include but shall not be limited to name, email address, file uploads and sites area comments/notes.

Your Marks means the logos (or other brand identity), trademarks or trade names provided by or used by You.

Your Materials means Your Data together with any materials, designs, domain names, documentation, processes and procedures, information, programs, software and codes supplied by (or on behalf of) You to Us in connection with this Agreement.

Product & Feature Specific Terms

Introduction

1.1 This page contains the terms for various of our Services, including:

1.2 If you are receiving any of these Services, please read the applicable terms carefully, as they form part of the Agreement between us, as described in the LandTech General Terms and Conditions, unless explicitly stated otherwise on your Order Form.

1.3 Throughout these Product & Feature Specific Terms, we use capitalised terms to refer to specific definitions. This is to ensure that you can be certain of the contractual terms you are agreeing to. If such terms are not defined in the Product & Feature Specific Terms, they will have the same meaning as set out in the LandTech General Terms and Conditions.

1.4 Any references in these Product & Feature Specific Terms to "monthly" shall mean calendar months (e.g. 15 March to 14 April) and "annual" shall mean a period of 12 months (e.g. 3 December to 2 December), unless otherwise specified.

LandInsight Starter

1. Subscription Period and Billing

*Notice is provided via the self-serve cancellation functionality in the LandInsight Starter Service.

2. Upgrades

Using the functionality provided in our Services, you may upgrade your subscription from:

a. LandInsight Starter to LandInsight Pro; or

b. From monthly to annual subscription periods (with the first month being the month in which you made the upgrade).

Where you choose to do so, you will be billed at the new higher rate, with a pro-rata adjustment made for the month in which you made the upgrade.

LandInsight Pro

1. Subscription Period and Billing

*Notice is provided via the self-serve cancellation functionality in the LandInsight Pro Service.

2. Upgrades

a. By speaking with one of our representatives (via chat, telephone or email), you may upgrade your subscription from LandInsight Pro to LandInsight Unlimited.

b. Using the functionality provided in our Services, you may upgrade your subscription from monthly to annual subscription periods (with the first month being the month in which you made the upgrade). Where you choose to do so, you will be billed at the new higher rate, with a pro-rata adjustment made for the month in which you made the upgrade.

LandInsight Unlimited

1. Subscription Period and Billing

LandTech

1. Subscription Period and Billing

LandEnhance

1. Subscription Period and Billing

LandInsight Free

1. Subscription Period and Billing

*LandInsight Free is a Value Add Service, for which no Subscription Fees are payable.

Community Services

1. Subscription Period and Billing. Community Services may be provided by us to selected Authorised Users of yours, where you are a customer of eligible Services. We may invite such users directly and they will only be entitled to access the Services during the time your Subscription Period for such eligible Services are provided.

2.Without limiting clause 4.1 of the General Terms, you are responsible for: (i) ensuring that Your Authorised Users use the Community Services in accordance with the Agreement and the Website Terms of Use available at www.land.tech/legal; and (ii) any breach of the Agreement or the Website Terms of Use by Your Authorised Users.

API Services

1. Subscription Period and Billing

2. Access to the API services

2.1 Access to the API Services is provided in accordance with clause 4.1 of the LandTech General Terms & Conditions. In addition, the following also applies to your use of the API Services:

2.1.1 the maximum number of API Calls that you make to access and use the API shall not exceed the number specified in the Order Form;

2.1.2 you will not allow the API Services or associated API key to be used by any unauthorised person or entity;

2.1.3 you shall keep the API key secure and confidential for your sole use of the API Services;

2.1.4 in the case of its redistribution permitted use, if expressly permitted in the Order Form, you shall make individual API Calls for each report you create. You acknowledge that you are at risk of being in breach of this Agreement should you make any attempt at duplicating data from single API Calls;

2.1.5 you are permitted to use the API Services for redistribution for populating Applications, portals reports or other associated documentation where this is expressly permitted in the Order Form; and

2.1.6 on termination of the API Services for any reason, you shall immediately dispose of any data you hold or once held via the API.

2.2 You will not undertake any conduct within your ordinary use of the API that could cause disruption to, or impair our ability to provide, the API. We have the right to prevent actions by you and/or limit use for investigation, in the event that we identify excessive use and/or unusual activity within the API.

3. API

3.1 Any contract entered into and any transaction completed via any third-party website is between you and the relevant third party, and not us.

3.2 We recommend that you refer to the third party's terms and conditions and privacy policy prior to using the relevant third-party website. We do not endorse or approve any third-party website nor the content of any of the third-party website made available via the API.

4. Our Obligations

4.1 Nothing in the Agreement shall make us liable for any inaccuracies, omissions, inconsistencies or mis-representations resulting from information provided by a third party and accessed through the API. You acknowledge that the API is appropriate for early stage assessment of existing planning applications and should not be relied upon for a comprehensive assessment.

4.2 We make certain commitments as to the standards of the API Services in clause 9.1 (Our obligations to you) of the LandTech General Terms & Conditions. These will not apply, nor we will be liable to you for any breach of the Agreement, to the extent caused by: (i) use of the API contrary to the Agreement, our instructions, or modification or alteration of the API by any party other than us or our duly authorised contractors or agents; (ii) where non-conformance has been caused by unsupported software or other third party services not under our control; or (iii) delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and you acknowledge that the API may be subject to limitations, delays and other problems inherent in the use of such communications facilities.

4.3 Nothing in this Agreement shall prevent us from entering into similar agreements with third parties, or from independently developing, using, selling or licensing documentation, products and/or services which are similar to those provided under this Agreement.

5. Your Obligations

5.1 You shall:

5.1.1 provide us with:

5.1.1.1 all necessary co-operation in relation to this Agreement; and

5.1.1.2 all necessary access to such information as may be required by us;

in order to provide the API, including but not limited to Customer Data, security access information and configuration services;

5.1.2 not in any way engage with any individual or entity considered as our competitor by way of selling, sharing or in any way supplying, any of our data or any data derived from the API;

5.1.3 as a necessary component of receiving the API, provide us with an up-to-date list of any and all clients leveraging services/products populated by the API as and when reasonably requested by us to do so;

5.1.4 not in any way publicise, promote or detail that we have provided the API to you;

5.1.5 carry out all other responsibilities required from you as set out in this Agreement in a timely and efficient manner. In the event of any delays in your provision of such assistance as agreed by the parties, we may adjust any agreed timetable or delivery schedule as reasonably necessary;

5.1.6 ensure that your network and systems comply with the relevant specifications provided by you from time to time; and

5.1.7 be solely responsible for procuring and maintaining your network connections and telecommunications links from your systems to our data centres, and all problems, conditions, delays, delivery failures and all other loss or damage arising from or relating to your network connections or telecommunications links or caused by the internet.

6. Changes and Payment

6.1 You must record information relating to use of the API Services in order for royalty payments ("OS Royalties") to be made to Ordnance Survey by us on your behalf. You must pay us these associated costs for OS Royalties and overage fees, for which we will invoice you every quarter.

7. Definitions and interpretations

7.1 Throughout these Product & Feature Specific Terms and the Agreement, we use capitalised terms to refer to specific definitions. This is to ensure that you can be certain of the contractual terms you are agreeing to.

7.2 The additional definitions applicable to these Product & Feature Specific Terms are as follows:

7.2.1 "API" means the Application Programming Interface (API) for early stage assessment of planning applications licensed to the Customer as part of this Agreement, and any accompanying or related documentation made available by us;

7.2.2 "API Call" means a single request to the API for data;

7.2.3 "API Services" means the provision of access to the API, as may be further detailed in an Order Form; and

7.2.4 "Applications" means any web, mobile or desktop applications or other software services developed or contributed to by you that are authorised to utilise or interact with the API pursuant to this Agreement.

Appraisal Tool

1. Subscription Period and Billing. 

2. Terms of Use. The Appraisal Tool is intended to be used for guidance only and should not be relied upon for making decisions, for which you should undertake your own assessments with assistance from professional advisors where required. Accordingly, the provision of access to the Appraisal Tool is provided “as is” with expressly no warranties of any kind, including as to accuracy or fitness for a particular purpose, to the extent permitted by law.

Letter Sending

Terms of Use. You must provide us with relevant information regarding letter recipients that have requested not to be contacted with further letter based communications, so that LandTech can make all attempts to prevent future contact

Skip Tracing

1. You shall: (i) obtain any necessary licenses, certificates, permits, approvals or other authorizations required by federal, state or local statute, law or regulation applicable to Your use of the Services; and (ii) limit use of the Services to your Users who have been appropriately trained.

2. If You use the Services for direct marketing purposes, You shall comply with the published guidelines of the Direct Marketing Association and all applicable non-solicitation and privacy laws and regulations.

3. You are solely responsible for using (and Your Users using) the Services and all data obtained through the Services in full compliance with all applicable federal, state and local laws, including without limitation all laws concerning privacy, solicitation and advertising practices, and data security, and You are solely responsible for monitoring and complying with any changes in law that may affect Your use of the Services or data obtained through the Services. Without limiting the generality of the foregoing, You represent, warrant and covenant that You will comply with the following laws and regulations: (a) Do-Not-Call (“DNC”) registry prohibitions for both voice calls and text messages; (b) any licensing and bonding requirements applicable to Your business; (c) consumer cancellation rights; (d) mandatory disclosures; (e) cell phone restrictions; (f) text messaging restrictions; (g) opt-out rules; (h) call recording laws; (i) record retention requirements; (j) direct mail rules and best practices; (k) CAN SPAM Act and related email rules; and (l) all other applicable laws and regulations, as the same may be adopted or amended from time to time.

4. Without limiting the generality of any other provision hereof, in the event that You use text messaging or calling to communicate with persons whose information is obtained through or using the Services, You represent and warrant that You are aware that, among other requirements, and will comply with, the Telephone Consumer Protection Act (“TCPA”) and consumer protection rules and regulations that restrict and set forth circumstances under which You must obtain prior express written consent from a consumer before you can send them marketing calls or text messages. You must obtain consent from each and every recipient of such calls and texts, on each and every subject beyond the scope of the original consent. You are responsible for obtaining all required consents, and for complying with all applicable laws, including all amendments thereto from time to time, with respect to all text messages sent or received to persons whose information is obtained through or using the Services.

5. You represent, warrant and covenant that:

a) You shall obtain all required consents of any person with whom You communicate using data derived from the Services, You shall honour all opt-outs and consent revocations received from any person, and that You are solely responsible for doing so.

b) You will use the Services only in a manner that is acceptable under this Agreement and not for anything other than Your legitimate business purposes.

c) You will not use the Services, or any data derived therefrom:

i) For credit evaluation of or any other form of background check on an individual;

ii) As a factor in establishing an individual’s eligibility for credit or insurance;

iii) In connection with underwriting individual insurance;

iv) To evaluate risk in connection with the marketing or sale of insurance products of any kind, including but not limited to life, health, long-term care, disability, casualty, umbrella, mortgage, title or property;

v) For purposes of debt collection or for marketing or selling debt relief products or services;

vi) In evaluating an individual for employment purposes;

vii) In connection with a determination of an individual's eligibility for a license or other benefit granted by a governmental authority;

viii) In any way that would cause the information to constitute a “consumer report” under the Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq.;

ix) In any other manner that would cause such use to be construed as a consumer report by any governmental authority.

x) For any marketing or telemarketing except in strict compliance with all governing laws;

xi) In a manner that is actually or potentially libelous, slanderous, threatening, harmful, harassing, indecent, obscene, in violation of the intellectual property rights of any person or so as to cause nuisance, annoyance or inconvenience to any person;

xii) To engage in spamming or other unsolicited advertising, marketing or other activities, including, without limitation, any activity prohibited by applicable laws;

xiii) To violate the publicity or privacy rights of another individual;

xiv) To create or compile, directly or indirectly, any collection, compilation, or other directory from any content displayed through the Services except for Your internal, legitimate business use;

xv) To access or use the personal or confidential information of any third party without their permission, or attempt to do so;

xvi) To mislead recipients of any call, text, email or other message as to Your identity, including without limitation by creating a false caller ID (e.g., ID spoofing), forging addresses or headers, or fraudulently undertaking other technical measures to misrepresent the origin or identity of the sender or caller; or

xvii) To impersonate another person, act as another entity without authorization, or create multiple accounts.

6. We, and our third-party suppliers, do not warrant that We have obtained the consent of individuals whose data may be included in the Services for the disclosure or use of their personally identifiable information or for such individuals to be contacted. We, and our third-party suppliers, do use commercially reasonable efforts to honour requests from such individuals that their data be removed from Our systems. We therefore do not commit that any search results or other data set obtained through the Services reflects all individuals who might meet the search criteria, or that subsequent searches will return consistent results.

7. You agree to indemnify and hold harmless Us and our affiliates, and Our and their respective directors, officers, members, managers, employees, agents and successors and assigns, from and against any claim made by any third party that arises from, or is in any way connected with, Your use of the Services in violation of federal, state or local Do-Not-Call laws, rules or regulations.

Utilities Report and Map Overlay

1. Subscription Period and Billing

Orders for the Utilities Report and Map Overlay may be placed via the Services, a separate Order Form is not required. There is no Subscription Period specifically associated with the Utilities Report and Map Overlay themselves, as these are ordered on a case by case basis.

2. Other Terms for the Utilities Report and Map Overlay.

2.1. Reference to LandTech below, includes reference to LandTech or any of its third party suppliers engaged to supply the Utilities Report and Map Overlay.

2.2. Reference to the “Utilities Report and Map Overlay” means the “Utilities Report” and “Utilities Map Overlay” products and features, supplied to You via the Services.

2.3. Payment is made in advance per order, unless otherwise agreed in writing by us.

2.4. No liability of any kind is accepted by LandTech due to the failure of a statutory undertaker or utility asset owner responding the LandTech’s enquiries, and no guarantee is given as to the completeness of the service within any given timeframe nor the availability of this aspect of the Service, although we will use reasonable endeavours to provide the Utilities Report and Map Overlay within 10 working days.

2.5. The list of statutory undertakers contacted as part of delivery of a Utilities Report and Map Overlay is derived from a range of sources, including information supplied by UK-wide Highway Authorities and other online sources. Any omissions from this list and / or any statutory undertakers that do not respond, is not the responsibility of LandTech. No liability of any kind whatsoever is accepted by LandTech, its servant or agents, for any error or omission in respect of information contained on the plans or responses provided. The location of utility assets and other services must be verified and established on site before any mechanical plant is used and prior to breaking ground. Telecommunications masts are excluded from a standard search. No liability of any kind is accepted by LandTech due to the failure of a statutory undertaker to respond within the timeframes given within the terms and pricing schedule, or within timeframes agreed for individual orders.

2.6. LandTech will hold the information relating to an order for 90 calendar days from report completion. The validity period of each response is subject to individual asset owners. Where not conveyed on each response, it is Your responsibility to determine the validity period of each response.

2.7. LandTech shall have no liability for use of the Utilities Report and Map Overlay other than for the purpose which they were prepared.

2.8. You must not sell or supply information from the Utilities Report and Map Overlay whether in whole or in part, or any other information derived wholly or in part from the Utilities Report and Map Overlay, except as agreed by LandTech.

2.9. The information provided within the Utilities Report and Map Overlay must not be used for the provision of any kind of central record or database of information.

2.10. During the 90 calendar days following its initial issue, follow-up responses will be added into a Utilities Report and a new version issued within a reasonable timeframe from receipt by LandTech. Responses received after 90 calendar days will not be issued.

2.11. You must not integrate the Utilities Report and Map Overlay or its information into another intranet / extranet website or online platform. You must not sell or supply the Utilities Report and Map Overlay or its information whether in whole or in part, or any other information derived wholly or in part from the Utilities Report and Map Overlay.

2.12. Submission of an order for a Utilities Report and Map Overlay constitutes agreement of these Product & Feature Specific Terms and an instruction to proceed. No reductions or refunds are made in respect of orders cancelled after they are received by LandTech.

2.13. Where a project takes place on a private site, for example a military or industrial establishment, or a sensitive site such as a prison, statutory undertaker information may not be obtainable. Occasionally permission letters need to be provided to enable the procurement of statutory undertaker information on Your behalf. Historical data may also need to be obtained from the relevant estates department.

2.14. LandTech may increase the search area for processing purposes.

2.15. Postcodes and grid references are generated from the search area submitted by You, with grid references derived from the Ordnance Survey’s British National Grid and postcodes from Royal Mail. In addition, LandTech may amend the site name as required to make it specific to the site geometry and to assist the statutory undertakers with processing the request.

2.16. Affected follow up responses, received within 90 working days of the initial completion date of a Utilities Map Overlay, will be added to the Utilities Map Overlay and be available via the prescribed means within a reasonable timeframe from receipt by LandTech.

2.17. The Utilities Map Overlay is a compilation of plans provided at different scales and is intended to provide a visual representation of assets in the search area. A Utilities Map Overlay will not contain any further information such as plant depths, plant sizes, capacities, or plant types, unless where agreed prior. Further information may be available within individual utility responses contained within the Utilities Report.

2.18. Subject to clause 8.1 of the LandTech General Terms and Conditions, the liability of LandTech in connection with the supply of the Utilities Report and Map Overlay and associated Services whether in contract, tort (including negligence or breach of statutory duty) or otherwise shall not exceed the total Fees paid for the applicable Utilities Report and Map Overlay to which the liability relates. Clause 8.7 of the LandTech General Terms and Conditions shall not apply. Save as foregoing, the remainder of clause 8 of the LandTech General Terms and Conditions shall continue to apply.

Give My View

1. Subscription Period and Billing. 

2. Terms of Use.

2.1 We (and Our licensors) reserve all rights, title and interest (including all intellectual property rights) in the Results. We grant You (and Your Users) a non‑transferable and non-sublicensable right to use the Results during the Term, subject to the terms of the Agreement. To the extent that You or any of Your representatives acquires any intellectual property rights the Results, You shall assign, or procure the assignment of, such intellectual property rights with full title guarantee (including by way of present assignment of future intellectual property rights) to Us or such third party as We may elect. You shall execute all such documents and do such things as We may consider necessary to give effect to this Clause 2.1.

2.2 You acknowledge that the Results or any other content generated from Our performance of the Services is not intended to amount to advice on which You should rely. You agree to obtain professional or specialist advice before taking, or refraining from, any action on the basis of the Results or any other information generated from the Services.

2.3 For the purposes of these Product & Feature Specific Terms, “Results” means the data, reports, insights, analysis, data visualisations, analytics, interpretations and statistics generated from the Supplier’s performance of the Services

Jurisdiction Specific Terms

1. Introduction

1.1. This page contains Jurisdiction Specific Terms for our Services.

1.2. If you are receiving any of the Services, please read the applicable terms carefully, as they form part of the Agreement between us, as described in the LandTech General Terms and Conditions, unless explicitly stated otherwise on your Order Form.

2. Contracting entity; Applicable Law, Jurisdiction and Dispute Resolution

2.1. The geographic location relevant to the Services you are purchasing or using will determine (i) the entity entering into this Agreement, (ii) the address of that entity, (iii) the law that will apply in any dispute arising out of or in connection with this Agreement, and (iv) the courts that have jurisdiction over any such dispute, as set out in the table below

2.2. For this Agreement, the geographic location relevant to the Services you are purchasing or using means (a) the location(s) that the data the Services provide represents information about, (b) the location(s) of any areas, land or properties at which specific Services are targeted, or (c) in respect of the Website Terms of Use, the location defined below for the site in question.

Website Terms of Use

What's in these terms?

These terms tell you the rules for using our websites at land.tech, landtech.us, community.land.tech, givemyview.com, built-id.com and all associated webpages, (our "sites" or "websites").

1. Who we are and how to contact us

2. By using our sites you accept these terms

3. There are other terms that may apply to you

3.1. These terms of use refer to the following additional terms, which also apply to your use of our sites:

3.1.1. Our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our sites, you consent to such processing and you warrant that all data provided by you is accurate.

3.1.2. Our Cookie Policy, which sets out information about cookies on our sites.

3.1.3. If you purchase our subscription services from our sites, our General Terms & Conditions of service will apply to such service.

4. We may make changes to these terms

4.1. We amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time. These terms were most recently updated in May 2024.

5. We may make changes to our sites

5.1. We may update and change our sites from time to time to reflect changes to our products, our users' needs and our business priorities.

6. We may suspend or withdraw our sites

6.1. We do not guarantee that our sites, or any content on them, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our sites for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal. You are also responsible for ensuring that all persons who access our sites through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them. Our sites are directed to people residing in England and Wales in the United Kingdom. We do not represent that content available on or through our sites is appropriate for use or available in other locations.

6.2 Without prejudice to other provisions of these terms, We may immediately terminate or suspend Your access to the sites without notice if You breach any of Your obligations or restrictions under these terms.

7. Creation of a user account

8. Accessing your user account

9. How you may use material on our sites

10. Using the community services

11. Do not rely on information on these sites

11.1. The content on our sites is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our sites. Although we make reasonable efforts to update the information on our sites, we make no representations, warranties or guarantees, whether express or implied, that the content on our sites is accurate, complete or up to date.

12. We are not responsible for websites we link to

12.1. Where our sites contain links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources.

13. Our responsibility for loss or damage suffered by you whether you are a consumer or a business user:

14. If you are a business user:

15. If you are a consumer user:

16. We are not responsible for viruses and you must not introduce them

17. Rules about linking to our sites

17.1. You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our sites in any website that is not owned by you. Our sites must not be framed on any other site, nor may you create a link to any part of our sites other than the home page. We reserve the right to withdraw linking permission without notice. If you wish to link to or make any use of content on our sites other than that set out above, please contact compliance@land.tech.

18. User Content

18.1. By submitting information, details, data, text, photos, graphics or any other content whatsoever to us in connection with your use of the sites ("User Content"), you grant us a nonexclusive, royalty-free, sublicensable, perpetual and worldwide license to use that User Content at our own discretion.

18.2. You promise us that any User Content you submit to us via the sites will not infringe the intellectual property rights or any other rights of any third parties.

18.3. You agree that you will not submit any User Content that is abusive, threatening, defamatory, obscene, vulgar or otherwise offensive or in violation of our terms. You also agree not to submit any User Content that is false and misleading or uses the sites in a manner that is fraudulent or deceptive. We will not be responsible or liable to any third party for User Content or the accuracy of any materials submitted by you or any other users of the sites.

18.4. You agree that we can edit or take down from the sites any User Content you submit to us without notice if we believe it is in breach of these terms. You are responsible for keeping copies of your User Content, and we will not make any backup copies or return any User Content to you when you cease to use the sites for any reason (including where you choose to and also where your use or access has been suspended, disabled or terminated).

18.5. You acknowledge and agree that, although we use reasonable efforts to alert users of the sites that they may not misuse your User Content, we cannot guarantee this and accept no liability to you if it is misused by third parties.

19. Which country's laws apply to any disputes?

19.1. Laws governing any disputes and courts with jurisdiction, are as defined in the Jurisdiction Specific Terms.

Privacy Policy

Last updated: 15 August 2024

We are committed to protecting and respecting your privacy. Land Technologies Ltd, Land Technologies, Inc (“LandTech”, “we” “us” “our”), or the relevant LandTech group company (including Built-ID Limited), is the controller of your personal data and can be contacted at compliance@land.tech. This Privacy Policy (together with our General Terms & Conditions, Website Terms of Use and any other documents referred to in it) sets out the basis on which any personal data will be handled by us when you use our services, supply services to us, apply for a job with us or browse our websites. Please take your time to read this Privacy Policy as it's important for you, and us, that you understand everything in it. Then you can get to finding development opportunities! First off…

Our Services

Data Collection

Data Uses

Direct Marketing

Your Rights

Contact us

We welcome any questions or comments regarding this Privacy Policy. You can address them to compliance@land.tech. Equally, if you have a complaint you can contact us at the same address and we will try our very best to rectify the situation. We are not required to appoint a data protection officer given the processing activities we undertake, however we do appoint a person to oversee our data protection compliance and obligations.

Changes to our Privacy Policy

If you disagree with the changes contained in this Privacy Policy, you should deactivate your account with our services. Please contact us if you wish to request the removal of your personal data. Any changes we make to our Privacy Policy in the future will be posted on this page and, where appropriate, notified to you by email. Please check back frequently to see any changes or updates.

Data Processing Agreement

1. Introduction

1.1. This Data Processing Agreement forms part of Agreement as defined in the LandTech General Terms & Conditions.

1.2. This Data Processing Agreement is made by and between the parties to the Agreement, and is entered into upon acceptance of the Agreement.

1.3. In this Data Processing Agreement:

1. Agreement: has the meaning set out in the LandTech General Terms & Conditions, of which this Data Processing Agreement forms part.

2. Controller: has the meaning ascribed to it in the Data Protection Legislation.

3. Customer: means the entity under the Agreement which has contracted with LandTech for the provision of Services.

4. Data Protection Legislation: means all laws and regulations that are applicable to the Processing of Customer Personal Data in connection with the provision of the Services under the Agreement. “Data Protection Laws” may include, but not limited to, the California Consumer Privacy Act of 2018 (“CCPA”); the EU General Data Protection Regulation 2016/679 (“GDPR”) and its respective national implementing legislations; the United Kingdom General Data Protection Regulation (“UK GDPR”); and the United Kingdom Data Protection Act 2018 (in each case, as amended, adopted, or superseded from time to time)

5. Data Subject: has the meaning ascribed to it in the Data Protection Legislation.

6. LandTech: means the entity under the Agreement providing services to the Customer.

7. Personal Data Breach has the meaning ascribed to it in the Data Protection Legislation.

8. Process/Processing: has the meaning ascribed to it in the Data Protection Legislation.

9. Processor: has the meaning ascribed to it in the Data Protection Legislation.

10. Standard Contractual Clauses: means the “2021 Standard Contractual Clauses,” defined as the clauses issued pursuant to the EU Commission Implementing Decision (EU) 2021/914 of June 2021 on standard contractual clauses for the transfer of personal data to third countries pursuant to Regulation (EU) 2016/679 of the European Parliament and of the Council, available at http://data.europa.eu/eli/dec_impl/2021/914/oj amended and updated from time to time).

Sub-processor: any further Processor appointed by LandTech in connection with the Services.

1.4. Except where expressly stated otherwise in this Data Processing Agreement, terms defined in the Agreement shall have the same meaning when used in this Data Processing Agreement.

2. General Terms

2.1. Each party shall comply with its respective requirements under the Data Protection Legislation. The provisions of this Data Processing Agreement are in addition to, and do not relieve, remove or replace, a party's obligations under the Data Protection Legislation.

2.2. The parties acknowledge and agree that:

(a) where applicable, for the purposes of the Data Protection Legislation, the Customer is the Controller and LandTech is the Processor;

(b) the subject-matter of the Processing is the Customer Personal Data;

(c) the duration of the Processing is the duration of the Agreement plus any period during which LandTech continues to Process Customer Personal Data at the written request of the Customer or where required by applicable laws;

(d) the nature and purpose of the Processing is the use of the Customer Personal Data in the performance of the Services as envisaged by the Agreement (including, without limitation, in connection with services provided by Third Party Suppliers);

(e) the types of Personal Data which shall be Processed are data required for the use and/or performance of the Services including but not limited to:

(i) first and last name;

(ii) title;

(iii) position;

(iv) employer;

(v) contact information (company, email, phone, physical business address);

(vi) ID data;

(vii) professional life data;

(viii) connection data; and

(ix) localisation data.

(f) the categories of Data Subjects are:

(i) Authorised Users;

(ii) prospects, customers and business partners of the Customer (who are natural persons); and

(iii) employees or contact persons of the Customer's prospects, customers and business partners.

3. Data Processing Terms

3.1. Without prejudice to the generality of paragraph 2.1 of this Data Processing Agreement, LandTech shall, in relation to any Customer Personal Data which is Processed in connection with the performance by LandTech of its obligations under this Data Processing Agreement:

(a) process that Customer Personal Data only on the written instructions of the Customer (which shall be deemed to include the terms of this Data Processing Agreement), unless otherwise required by EU or Member State laws, in which case LandTech shall inform the Customer prior to Processing, unless prohibited from doing so by EU or Member State laws;

(b) ensure that all Supplier personnel who Process any Customer Personal Data are obliged to keep the same confidential;

(c) ensure that it has in place appropriate technical and organisational measures to protect against unauthorised or unlawful Processing of Customer Personal Data and against accidental loss or destruction of, or damage to, Customer Personal Data, and that these measures are appropriate to the harm that might result from the unauthorised or unlawful Processing or accidental loss, destruction or damage and the nature of the data to be protected, having regard to the state of technological development and the cost of implementing any measures;

(d) assist the Customer, at the Customer's cost, in responding to any request from a Data Subject to exercise rights under the Data Protection Legislation and in ensuring compliance with its obligations under the Data Protection Legislation with respect to security, breach notifications, impact assessments and consultations with supervisory authorities or regulators;

(e) notify the Customer without unreasonable delay on becoming aware of a Personal Data Breach in relation to the Customer Personal Data;

(f) subject to any provision of the Agreement regarding the deletion or return of Customer Personal Data, and at the written direction of the Customer, delete or return Customer Personal Data and copies thereof to the Customer on termination of the Agreement unless required by EU or Member State laws to store the Customer Personal Data; and

(g) subject to and in accordance with any provision of the Agreement governing audit and access to records, make available to the Customer on request all information necessary to demonstrate compliance with the obligations in this paragraph 3, and allow for and contribute to audits, including inspections, conducted by the Customer or the Customer's designated auditor (provided always that audits shall be subject to reasonable prior notice, that the scope of the audit shall be agreed with LandTech in advance, and that the audit shall be conducted at the Customer's own expense).

3.2. LandTech shall inform the Customer if, in the Supplier's opinion, the Supplier's compliance with paragraph 3.1 (a) of this Data Processing Agreement would breach Data Protection Legislation. LandTech shall be entitled to suspend execution of the instructions concerned, until the Customer's Data Protection Officer (or such other person notified in writing by the Customer to the Supplier) confirms in writing that such instructions are lawful and are to be followed.

3.3. The Customer specifically authorises the use by LandTech of each of the Sub-processors listed in Annex 1 to this Data Processing Agreement, and generally authorises LandTech to make changes to its use of Sub-processors (including by appointing new Sub-processors). The authorisations granted by the Customer are subject to the conditions of paragraph 3.4.

3.4. LandTech shall:

(a) notify the Customer in advance of any change, thereby giving the Customer the opportunity to object to the change. Any such objections must be exercised without undue delay and on reasonable grounds;

(b) enter into written agreements with each Sub-processor which impose obligations on the Sub-processor which are consistent with the terms of this Data Processing Agreement; and

(c) remain liable for the acts or omissions of each Sub-processor, subject to clause 8 of the General Terms & Conditions.

4. International Transfers

4.1. The Customer authorises LandTech to transfer Customer Personal Data (or permit any Sub-processor to transfer Customer Personal Data) outside the European Economic Area, the US and the United Kingdom, as necessary to provide the Services. LandTech shall ensure that any such transfer complies with the Data Protection Legislation, including by (where necessary) ensuring that:

(a) appropriate safeguards are in place in relation to the transfer;

(b) the Data Subjects have enforceable rights and effective legal remedies; and

(c) providing an adequate level of protection to any Customer Personal Data that is transferred.

4.2. Where the Customer is established in the European Union and where the UK is, for the purposes of GDPR, a third country that does not ensure an adequate level of data protection (and therefore transfers of Personal Data between the Customer and LandTech would constitute restricted transfers for the purposes of Chapter V of the GDPR) (“Restricted Transfer”), Module Two (Transfer controller to processor) and Module Three (Transfer processor to processor) of the Standard Contractual Clauses shall hereby be incorporated into this Data Processing Agreement by reference, with effect from the commencement of any Restricted Transfer. For the purposes of the Standard Contractual Clauses:

(a) the Customer shall be the data exporter;

(b) LandTech shall be the data importer;

(c) Appendix 1 shall be populated with the relevant details set out in paragraph 2.2 of this Data Processing Agreement and Appendix 2Data Processing Agreement shall be populated with the Supplier's commitment as set out in paragraph 3(c) of this Data Processing Agreement

(d) the optional docking clause in clause 7 does not apply;

(e) the certification of deletion in 8.5 and 16(d) shall be provided upon the Customer's written request;

(f) in clause 11, the optional language does not apply;

(g) the information required under clause 15.1 (c) will be provided upon Customer's written request; and

(h) where the Data Subject is based in the UK, the Standard Contractual Clauses shall be supplemented by the Information Commissioner's Standard Data Protection Clauses to be issued by the Commissioner under s119A(1) of the Data Protection Act 2018.

Annex 1 - Sub-processors

Annex 2 – Technical and Organisational Measures.

To download our Technical and Organisational Measures click here

Acceptable Use Policy

1. During your use of the Services you shall not do anything that:

1.1. is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive;

1.2. facilitates illegal activity;

1.3. depicts sexually explicit images;

1.4. promotes unlawful violence;

1.5. is discriminatory based on race, gender, ethnicity, religious belief, sexual orientation, disability; or

1.6. is otherwise illegal or causes damage or injury to any person or property.

2. We reserve the right, without liability or prejudice to our other rights to you, to disable you or any Authorised User's access to the Services for any breach of this clause.

3. You shall not:

3.1. attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Software in any form or media or by any means;

3.2. attempt to de-compile, reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Software;

3.3. deep-link to the Services or access the Services manually or with any robot, spider, web crawler, extraction software, automated process and/or device to scrape, copy or monitor any portion of the Services or any content or data available through the Services;

3.4. access all or any part of the Services in order to build a product or service which competes with the Services;

3.5. use the Services in order to on-sell or resell any outputs from the Services;

3.6 provide access to the Services to any third party who could reasonably be considered, or is considered by Us at Our discretion, to be providing services in competition with the Services;

3.7. use the Services to provide similar services or services in competition with the Services to third parties; or

3.8. subject to the terms of this Agreement (except as may be allowed by any applicable law which is incapable of exclusion by agreement between the parties and except to the extent expressly permitted under this Agreement):

a) license, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, or otherwise make the Services available to any third party except the Authorised Users; or

b) attempt to obtain, or assist third parties in obtaining, access to the Services, other than as provided under this Agreement.

4. 'Fair usage' applies to using our Services for your legitimate business purposes and not using the Services or User Subscriptions in ways in which they are not designed. This may include but is not limited to:

4.1. excessive switching of User Subscriptions between individuals;

4.2. excessive use within a single User Subscription;

4.3. overloading the API systems utilised in the Services in such a way that creates much higher traffic than is typical from an individual user; or

4.4. using our attachments / documents storage in a way not intended (such as uploading excessively large documents to our servers).

5. Fair usage will be determined in our sole, but reasonable, discretion. If you have a specific use of the Services in mind that you think may not be considered ‘fair usage' please ensure that such usage is specifically provided for in the Order Form or otherwise agreed with us in writing.

Cookie Policy

Information about our use of cookies

Our site uses cookies to distinguish you from other users of our site. This helps us to provide you with a good experience when you browse our site and also allows us to improve our site. By continuing to browse the site, you are agreeing to our use of cookies. A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer if you agree. Cookies contain information that is transferred to your computer or device's hard drive.

We use two types of cookies on our website – session cookies and permanent cookies.

• Session cookies are stored for the time you use the website and are deleted when you close your browser.

• Permanent cookies are stored on your device for a certain period, usually indefinitely, or until you manually remove them.

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We use the following cookies:

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Anti-Bribery & Corruption Policy

1. Scope

1.1. All employees, contractors and any person or body acting on behalf of Land Technologies Ltd. (Company) or any of its subsidiaries will be within the scope of this policy.

2. Responsibilities

2.1. The Head of People is responsible for ensuring all employees and associated persons are familiarised with this policy as part of their induction process and for ensuring this policy is kept up to date.

2.2. Employees and, where applicable, associated persons, are required to fully read and comply with the provisions of this policy

3. Principles

3.1. The Company prohibits employees or associated persons from offering, promising, giving, soliciting or accepting any bribe. The bribe might be cash, a gift or other inducement to, or from, any private person or company, regardless of where the employee or associated person is situated.

3.2. This prohibition also applies to indirect contributions, payments or gifts made in any manner as an inducement or reward for improper performance, for example through consultants, contractors or subcontractors, agents or sub-agents, sponsors or sub-sponsors, joint-venture partners, advisors, customers, suppliers or other third parties.

3.3. The Company permits corporate entertainment, gifts, hospitality and promotional expenditure that is undertaken:

• for the purpose of establishing or maintaining good business relationships;

• to improve the image and reputation of the Company; or

• to present the Company's product/s and service effectively;

This is provided that it is:

• arranged in good faith, and

• not offered, promised or accepted to secure an advantage for the Company or any of its employees or associated persons or to influence the impartiality of the recipient.

4. Procedure

4.1 Particular care must be taken to ensure that all Company records are accurately maintained in relation to any contracts or business activities, including financial invoices and all payment transactions with clients, suppliers and public officials.

4.2 Records of all corporate hospitality, entertainment or gifts accepted or offered must be accurate, detailed and be up-to-date.

4.3 Employees and, where relevant, associated persons should submit requests for proposed hospitality and promotional expenditure well in advance of proposed dates to their Line Manager who will then forward this request to the relevant department.

4.4 Requests for proposed hospitality and promotional expenditure must include:

• the objective of the proposed client entertainment or expenditure;

• the identity of those who will be attending and the company they represent; and

• details and rationale of the proposed activity.

4.5 Any suspicions of, or actual attempts of, bribery or conflicts of interest must be reported to the Head of People and/or the Chief Executive Officer. If in any doubt as to whether or not a potential act constitutes bribery, the matter should be referred to the Head of People and/or the CEO.

4.6 Any direct or indirect request for payment by a public official must be detailed in writing by said public official. If the public official refuses to give these, this should be reported immediately to the Head of People and/or the CEO.

4.7 Employees who report instances of bribery in good faith will be supported by the Company. The Company will ensure that the individual is not subjected to detrimental treatment as a consequence of their report. Any instances of detrimental treatment by a fellow employee because an employee has made a report will be treated as a disciplinary offence.

4.8 The Company will fully investigate any instances of alleged or suspected bribery. Employees suspected of bribery may be suspended from their duties while the investigation is being carried out.

4.9 The Company will invoke its disciplinary procedures where any employee is suspected of bribery, and proven allegations may result in a finding of gross misconduct and immediate dismissal.

4.10 Where necessary to do so, such as for legal compliance, the Company may report any matter to the relevant authorities and provide assistance to the relevant authorities in any subsequent prosecution.