Please note that terms of use are different for PSGA and Non PSGA members

Terms of Use for PSGA Members

If you are a member of the Public Sector GeoSpatial Agreement, the data in the FindMyStreet service is made available to you under the data sharing provisions within the PSGA Member Licence.  You are therefore licensed to use the data in accordance with your PSGA Member Licence.

Terms of Use for non-PSGA Members

If you are not a member of the Public Sector Geospatial Agreement, your use of the data is governed by the End User Licence below:

End User Licence

This End User Licence will take effect on click acceptance by the End User.  This End User Licence will be between you, the End User, and GeoPlace (acting for and on behalf of the Licensor).

Background:

The Streets Data comprises, or was created using, OS data. This End User Licence is entered into pursuant to the Licensor’s licence with OS, to set out the terms upon which the End User is licensed to use Streets Data.  GeoPlace is acting as a contractor to, and on behalf of, the relevant Local Highway Authority.

1. Definitions & interpretations

   Expression	Meaning
   Commercial Activity	means any activity which involves or is intended to involve Financial Gain.
   Competing Activity	means an activity that OS, GeoPlace or the Licensor notifies to the End User as being a Competing Activity from time to time.
   Core Business	means any of the Licensor’s public sector activity, excluding any Commercial Activity and Competing Activity.
   Financial Gain	means any revenue or credit received which exceeds the incremental costs of supplying or making available to a recipient any copy of any Streets Data. Financial Gain does not include any receipts from Statutory Charges.
   End User	means you, the recipient of the Streets Data.
   End User Purpose	means the End User using the data to respond to, or interact with the Licensor, to notify the Licensor of streets which you believe may be missing from the Licensor’s information, or to provide feedback to the Licensor concerning Public Rights of Way in the Licensor’s jurisdiction, in all cases for personal, non-commercial use.
   GeoPlace	means GeoPlace LLP, registered in England and wales, with registration number OC359627, whose registered office is at Explorer House, Adanac Drive, SOUTHAMPTON, SO16 0AS.
   IPR	means intellectual property rights, including copyright, patent, trade mark, design right, database rights, trade secrets, know how, rights of confidence and all other similar rights anywhere in the world whether or not registered and including applications for registration of any of them.
   Licensor	means the public body (being the relevant Local Highway Authority) on whose behalf GeoPlace has made Streets Data available to the End User on the terms of this End User Licence.
   OS	means Ordnance Survey Limited, a company registered in England and Wales (company registration number 09121572) whose registered address is at Explorer House, Adanac Drive, SOUTHAMPTON, SO16 0AS.
   Statutory Charge	means charges which the Licensor or End User is expressly permitted to charge pursuant to a formal written enactment of a legislative authority that governs the United Kingdom of Great Britain and Northern Ireland, Scotland, Wales, and/or Northern Ireland to which the Licensor or End User is subject.
   Streets Data	means the data included on the findmystreet web service, provided by the Licensor (via GeoPlace) to the End User under the terms of this End User Licence.
   Term	means the period required to fulfil the End User Purpose.
   Working Day	means any day other than a Saturday, Sunday or public holiday in England, Wales, Scotland or Northern Ireland.

2. Licence
   1. GeoPlace, on behalf of the Licensor, grants to the End User a non-exclusive, non-transferable licence (revocable pursuant to the terms of this End User Licence) to use Streets Data for the End User Purpose for the Term.
   2. This Licence is limited specifically to the rights granted in Clause 2.1 and subject to the obligations set out in the remainder of this Licence, in particular the End User's obligations set out in Clause 3. This Licence allows the End User personally (not any affiliated body or group) to use Streets Data only to the extent required for the End User Purpose, but does not allow the End User to use Streets Data for any Competing Activity or Commercial Activity.
3. End User's Obligations
   1. Either party may terminate this End User Licence with immediate effect at any time by giving notice to the other party in writing. The End User acknowledges that GeoPlace, on behalf of the Licensor, will terminate this End User Licence in the event that the Licensor’s licence with OS is terminated or expires.
   2. The End User shall:
      a) ensure that the Streets Data is not copied, adapted, varied or modified except to and only to the extent to which any of those acts are expressly permitted by this Licence;
      b) ensure that it does not use the Streets Data for any Competing Activity or Commercial Activity;
      c) not use Streets Data for any illegal, deceptive, misleading or unethical purpose or otherwise in any manner which may be detrimental to the reputation of Streets Data or any person;
      d) use its best endeavours to use adequate technological and security measures OS, GeoPlace or the Licensor may reasonably recommend from time to time, to ensure that all Streets Data which the End User holds or is responsible for are secure from unauthorised use or access;
      e) notify the Licensor and/or OS and/or GeoPlace as soon as it suspects any infringement of OS’s IPR and give the Licensor and OS and GeoPlace all reasonably required assistance in pursuing any potential infringement or remedying any unauthorised use; and
      f) not alter or remove any of the OS copyright / database right notices and licence numbers which are shown on the Streets Data.
   3. This End User Licence does not give the End User the right to sub-license, distribute, sell or otherwise make available the Streets Data to third parties in any form save where expressly permitted in writing by the Licensor, OS and GeoPlace.
   4. To be clear, the End User is not entitled to create any products or services which have benefitted from, relied on or made any use of Streets Data (including, without limitation, where the End User has created products or services by copying, publishing, modifying, re-formatting, analysing or performing searches, look ups or enquiries using Streets Data). The End User agrees that, if it wants to make Streets Data available in this way, the End User will inform GeoPlace and will not proceed until the parties have agreed the basis on which that can happen.
4. Termination
   1. Either party may terminate this End User Licence with immediate effect at any time by giving notice to the other party in writing. The End User acknowledges that GeoPlace, on behalf of the Licensor, will terminate this End User Licence in the event that the Licensor’s licence with OS is terminated or expires.
   2. In the event of termination or expiry of this End User Licence, the End User shall within 30 days of such termination or expiry destroy (or at OS’s or the Licensor’s option return) all the Streets Data in any media which it holds or for which it is responsible (including any Streets Data embedded in any other material) and provide, at OS’s or the Licensor’s request, a sworn statement by a duly authorised person that it no longer holds any Streets Data.
   3. Those Clauses intended to survive termination or expiry (including, without limitation, Clauses 1, 3.2 d) and e), 4.2, 4.3, 5, 6, 8, 10, 11 and 12) shall continue in full force and effect notwithstanding such termination or expiry.
5. Limitation
   1. Subject to Clause 5.2, nothing in this Licence shall make the GeoPlace or the Licensor or OS liable in contract, tort (including without limitation negligence, pre-contractual or other representations) or otherwise arising out of or in connection with this Licence for:
      a) any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings);
      b) any loss of goodwill or reputation;
      c) any special, indirect or consequential losses in any case whether or not such losses were within the contemplation of the parties at the date of this Licence.
   2. Nothing in this Licence shall exclude or limit liability of a party for death or personal injury resulting from the negligence of that party or its servants, agents or employees or for fraudulent misrepresentation.
   3. The Licensor, OS and GeoPlace exclude to the fullest extent permissible by law all express or implied warranties.
   4. Subject to Clause 5.2, GeoPlace’s (acting on behalf of the Licensor) total liability in this Licence in aggregate shall not exceed any sum paid by the End User for the Streets Data.
6. Indemnity
   1. The End User shall indemnify and keep indemnified the Licensor and/or OS and/or GeoPlace against all their liabilities and losses and all demands, liabilities, claims made, or proceedings brought, against the Licensor and/or OS and/or GeoPlace in respect of any loss or damage and against all costs and expenses reasonably incurred in dealing with or in settling such demands, liabilities, claims or proceedings arising from the acts, omissions or defaults of the End User relating to this Licence or from the breach of any provision of this Licence by the End User except to the extent that any such liability is directly attributable to any negligent act of the Licensor.
   2. GeoPlace, acting on behalf of the Licensor, shall use reasonable endeavours to notify the End User as soon as practicable of any demand or claim made, or proceedings brought against the Licensor, GeoPlace or OS in respect of any relevant loss or damage.
7. Variation
   1. GeoPlace, on behalf of the Licensor, shall be entitled to vary this End User Licence with immediate effect by giving notice in writing to the End User.
8. Auditing
   1. Upon OS’s or the Licensor’s or GeoPlace’s written request, the End User shall provide written evidence of compliance with its obligations under this End User Licence.
   2. The End User shall maintain accurate and complete records of its use of the Streets Data. OS and/or the Licensor (and their respective representatives, including GeoPlace) have the right on reasonable notice during business hours to enter the End User’s premises and to inspect and audit its systems, operations and all supporting documentation to ensure the End User’s compliance with this End User Licence and to take copies of any necessary records. The End User shall, at its expense, make appropriate employees and facilities available to provide OS and/or GeoPlace (acting on behalf of the Licensor) with all reasonable assistance to enable such inspection, auditing and copying to take place.
   3. The End User will comply with reasonable measures stipulated by OS or GeoPlace (acting on behalf of the Licensor) as a result of any audit.
9. Assignment, subcontracting and sublicensing
   1. Except as agreed in writing by OS, neither party is entitled to assign, license, transfer or novate any of their rights and/or obligations under this End User Licence.
10. Contracts (Rights of Third Parties) Act 1999
    1. Subject to Clause 10.2, a person who is not a party to this End User Licence has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce or enjoy the benefit of any term of this End User Licence.
    2. OS shall be entitled to the benefit of the terms of this End User Licence and the rights to enforce such terms under the Contracts (Rights of Third Parties) Act 1999.
11. Waiver
    1. The waiver on a particular occasion by either party of rights under this End User Licence does not imply that other rights will be waived. No delay in exercising any right under this End User Licence shall constitute a waiver of such right.
12. Governing Law and Jurisdiction
    1. This End User Licence is governed by the law of England and Wales and both parties submit to the exclusive jurisdiction of the English courts.