Terms & Conditions
TerraQuest ReQuestaPlan users are bound by the terms and conditions set out below.
About ReQuestaPlan TerraQuest and ReQuestaPlan users are bound by the terms and conditions set out below
- ReQuestaPlan is a TerraQuest Solutions service.
- ReQuestaPlan allows users to draw and download digital plans in a variety of sizes and formats to support the submission of compliant planning applications.
- Note: By purchasing a plan provided by ReQuestaPlan the user is accepting all the terms and conditions of this agreement.
We endeavour to be as accurate as possible when presenting maps on which to create a plan. The map information and imagery is supplied by Ordnance Survey and we cannot be held responsible for any discrepancy or inaccuracy in those maps or images.
1 Licensed Use
1.1 The Customer’s Licensed Use of Licensed Data is:
1.1.1 Business Use as set out in paragraph 2;
1.1.2 Limited External Use as set out in paragraph 3;
1.1.3 Public Body and Infrastructure Body External Use as set out in paragraph 4; and
1.1.4 (subject to you paying the appropriate Royalties under Part A or Part D of Appendix 6 in respect of the Licensed Data concerned) Corporate Group Sharing as set out in paragraph 5.
2 Business Use
2.1 Business Use is the use of Licensed Data solely for the internal administration and operation of the Customer’s business.
2.2 Business Use does not entitle the Customer to make available or to provide Licensed Data to third parties.
3 Limited External Use
3.1 Limited External Use is, subject to paragraph 3.2, the use of Licensed Data:
3.1.1 to promote or further the Customer’s own business by generating a map which demonstrates one or more of the following:
- a) the location of the premises and static assets which the Customer owns, leases or manages;
- b) the location of a bespoke event organised by the Customer up to and for the duration of the event;
- c) directions or routes (which are not specific to any particular customer or third party) to the premises or static assets in paragraph 3.1.1 a) or event in paragraph 3.1.1 b);
- d) the scope of the Customer’s area of operation;
3.1.2 to report on the Customer’s own business by including a map in:
- a) an annual report on the affairs of the Customer’s business or for accounting purposes, in each case produced to comply with a statutory obligation (including, without limitation, section 415 of the Companies Act 2006); and/or
- b) a report to be submitted to a regulatory body to which the Customer is subject in order to meet that regulatory body’s requirements; and/or
3.1.3 in connection with your Customer’s professional services but solely in the following ways, either:
- a) to include a map within any professional services provided by the Customer to its clients, such map only to be used (in the case of a business client) for the internal administration and operation of such client’s business; or
- b) to include a map in an advertisement in respect of the sale or letting of a property which is owned or leased by any of the Customer’s clients provided that any such advertisement may only be published either:
- i) in a periodical published in paper format by a third party provided that any map contained in the Customer’s advertisement may not feature in any electronic reproduction of such periodical which is published on the internet or in any other format;
- ii) in paper format within the Customer’s own publication; or
iii) in electronic format on the Customer’s own website, and for the avoidance of doubt, this paragraph 3.1.3 b) does not permit the Customer to publish any map generated by Licensed Data on any third party website.
3.2 Limited External Use is subject to the following conditions:
3.2.1 any map generated in accordance with paragraph 3.1 shall not comprise:
- a) a service or product in itself; or
- b) a significant part of any product or service offered by the Customer; or
- c) a service or product (or significant part of any product or service) provided on behalf of a third party;
3.2.2 the map shall be in a raster format and the Customer shall use its reasonable endeavours to prevent third parties from being able to edit the map or from extracting Licensed Data from the map;
3.2.3 the map shall not be of a larger scale or area and shall not contain a larger number of features than is reasonable for it to fulfil its function;
3.2.4 the Customer shall display additional information on or with the map, which information facilitates the purposes in paragraphs 3.1.1 to 3.1.3;
3.2.5 the Customer shall not receive any direct payment, credit or money’s worth as a result of allowing third parties to access, view or use the map but, for maps generated in accordance with paragraph 3.1.1, the Customer shall be entitled to use the map in conjunction with advertisements that are not illegal, deceptive, misleading, unethical or detrimental to the reputation of the Licensed Data and/or us; and
3.2.6 for the avoidance of doubt, the Customer shall comply with Clause 6.5 of the Framework.
4 Public Body and Infrastructure Body External Use
4.1 Public Body and Infrastructure Body External Use is the supply of PBIB Licensed Data to a Public Body and/or an Infrastructure Body.
4.2 Public Body and Infrastructure Body External Use is subject to the following conditions:
4.2.1 PBIB Licensed Data means Licensed Data which is either:
- a) OS MasterMap Topography Layer; or
- b) an Address Dataset in which the PAF Data solely comprises of Cleansed Data.
4.2.2 PBIB Recipient means the Public Body and/or, subject to paragraph 4.2.3, the Infrastructure Body to whom PBIB Licensed Data is supplied, in accordance with paragraph 4.1 above;
4.2.3 where the PBIB Recipient is an Infrastructure Body, only the PBIB Licensed Data described in paragraph 4.2.1 b) may be supplied to it pursuant to paragraph 4.1 above;
4.2.4 both the Customer and the PBIB Recipient must be licensed for Business Use or Public Sector Use for the same area of coverage of the same PBIB Licensed Data being supplied and/or received;
4.2.5 the Customer shall obtain written confirmation from the PBIB Recipient to whom it is supplying PBIB Licensed Data that the PBIB Recipient is licensed for Business Use or Public Sector Use as set out in Appendix 3, for the same area of coverage of the same PBIB Licensed Data being supplied;
4.2.6 the Customer shall maintain a written record of:
- a) the names and addresses of PBIB Recipients to whom it has supplied PBIB Licensed Data;
- b) the PBIB Licensed Data which was supplied by it to the PBIB Recipients; and
- c) when the PBIB Licensed Data was supplied by it to the PBIB Recipients, and upon our written request it shall provide a copy of that written record to us;
4.2.7 the Customer shall not receive any direct or indirect payment, credit or money’s worth for the supply of PBIB Licensed Data to a PBIB Recipient;
4.2.8 subject to Clause 12.1 of the Framework, we shall have no liability to the Customer or the Sharing Party in respect of the PBIB Licensed Data supplied to a PBIB Recipient; and
4.2.9 for the avoidance of doubt, the Customer shall comply with Clause 6.5 of the Framework.
5 Corporate Group Data Sharing
5.1 Corporate Group Data Sharing is:
5.1.1 your Corporate Customer’s supply to a Corporate Group Member; or
5.1.2 your Corporate Customer’s receipt from a Corporate Group Member; or
5.1.3 a Corporate Group Member’s supply to another Corporate Group Member, of copies of any Specified Licensed Data (which, for the avoidance of doubt, includes any of our IPR in any Data created using Licensed Data).
Prices and Payment
- Prices include VAT. We will charge your credit card or debit card account at the time of checkout.
- Prices are liable to change at any time. Price changes will not be applied to orders where the product has entered the download process.
- For Professional Account users, prices will be applied at the point of check out and invoiced on a monthly basis. Invoices must be settled within 30 days, after this the invoice will be subject to a 5% increase each month.
Cancelling your plan purchase (“contract”)
- You have the legal right to cancel your contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
- Unless your product is one of the non-refundable products set out in paragraph 5 below, you may cancel your contract for any reason before the end of the 14 calendar day period beginning on the day you receive the product(s).
- You may not cancel a “contract” for any plans which have been supplied to your specification or the digital plan (whether customised or not) have started to be downloaded.
- Our system allows you to preview your plan prior to purchasing. We encourage users to check their plan thoroughly to ensure it is correct before purchasing.
- Refunds requested due to a user error or not due to an error on our part may be considered but will be subject to a 50% fee. This is to cover Ordnance Survey and third party fees incurred.
- You must inform us of any issue with your downloaded map within 7days. Requests outside of this time limit will not be considered for refund, unless the error is on our part.
Custom made plans and digital products
- We cannot accept titles or subtitles or images for ReQuestaPlan plans which contain inappropriate language or images, or anything that, in our opinion, could be offensive or may amount to an infringement of third party copyright or other intellectual property rights. This is because your title, subtitle or image will appear alongside our branding.
- Please ensure you provide accurate information when creating plans, as we cannot make any amendments once we issue you with confirmation of our acceptance. No refunds will be given for errors you fail to notify us of prior to our acceptance of your order.
- If we consider that your title or subtitle or image contravenes paragraph 6(a) above, we may reject your order after you have checked out.
- If you do not own the copyright or have the appropriate consent from the copyright owner to use the title or subtitle then you shall be entirely responsible for any costs or liability incurred by us. It is your responsibility to ensure that you either own or have the right to use any title, subtitle or image.
- We grant you a perpetual, non-exclusive, non-transferable licence (without rights to sub-license any third party) to use the digital products sold by us in PDF format only for your use in line with your business.
- Our liability for losses you suffer as a result of us breaching this agreement is limited to the price you have paid for the product together with any losses which are a foreseeable consequence of us breaching the agreement to the fullest extent permitted by law. Losses are foreseeable where, at the time your order is accepted, they could be expected by you and us to occur as a result of a breach.
- We are not responsible for:
- any indirect or consequential losses which could not be reasonably expected to you or us when the contract for the sale of products was formed;
- losses that were not caused by any breach on our part; or
- any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure).
- This End User Licence Agreement (EULA) is governed by the laws of England and Wales and the exclusive jurisdiction of the English and Welsh courts.
Intellectual Property and Copyright
- Unless otherwise stated, any intellectual property rights arising in respect of the ReQuestaPlan design, text, graphics, its selection and arrangement, software and all other material (the 'Content') on or in the ReQuestaPlan service belongs to TerraQuest and PortalPlanQuest, or third party content providers where indicated.
- Copying or use of such intellectual property rights or software is not permitted without the prior approval of the intellectual property owner, unless expressly allowed under these terms and conditions.
- Data controller
- For the purposes of the General Data Protection Act 2018 ("the Act"), the Data controller and processor is TerraQuest Solutions Ltd, a company incorporated in England and Wales (04653583) whose registered office is at TerraQuest Solutions Limited, 1390 Montpellier Court, Gloucester Business Park, Brockworth, Gloucestershire. GL3 4AH
- We may collect and process the following personal data:
- information provided in relation to the map purchase and/or your account including names, addresses and contact details;
- anonymised data from users, including IP address, browser or device;
- If you contact us, we may keep a record of that correspondence.
- We may from time to time ask you to complete surveys that we use for research purposes, although you do not have to respond to them. We may keep the responses you submit to help us improve our services.
- We do not collect information about our visitors from other sources, such as public records or bodies, or private organisations.
- If you would to like to view or access, amend or remove or your personal data or to delete your account, in line with the section ‘Access to information’ below please contact us via the details contained in the ‘Contact Us’ section below.
- For what purposes is the information being processed?
- We use the information held about you and is being shared with our Data Processor and used by them in the following ways:
- To comply with legal obligations arising from any contracts entered into between you and us;
- To notify you about changes to our services;
- To answer any of your questions;
- To notify you about new products and services available on the ReQuestaPlan service;
- To carry out research to improve our service;
- Account billing and auditing;
- System backup, testing, maintenance and development;
- Ensuring our compliance with legal and regulatory obligations applicable to us; and
- Customer relations and to help us in any future dealings with you, for example by identifying your requirements and preferences.
- If we wish to use your personal data for a new purpose, other than which it was originally supplied, we are required by law to ask you first. We would usually do this via email or post but may use other means where appropriate to contact you.
- We use the information held about you and is being shared with our Data Processor and used by them in the following ways:
Disclosure of your information
- You agree that when you send us or provide us with personal information via email (that is, in a message containing a question or comment, or by filling out a form that emails us this information) or via telephone, we will use the information you provide to respond to your requests. You agree that we may forward your email or information to TerraQuest and/or PortalPlanQuest and/or employees of partner organisations, or contract personnel who are better able to answer your questions.
- Your data will not be shared for any other reason without your prior consent.
IP addresses and Cookies
- You can prevent the setting of cookies by adjusting the settings on your internet browser (see your browser Help for how to do this). Please be aware that disabling cookies may affect the functionality of the ReQuestaPlan service and other websites that you visit.
- For more information about cookies, visit: http://www.allaboutcookies.org
Confidentiality and security
- Your attention is drawn to the fact that any information carried over the Internet is not secure; information can be intercepted, lost, redirected, changed and read by other people. Any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try and prevent unauthorised access and protect your personal data against unlawful processing, accidental loss, destruction and damage. We will retain your information for a reasonable period of time or as long as the law requires.
- We have implemented security policies, controls and technical measures to protect the personal data that we have under our control from:
- unauthorised access
- improper use or disclosure
- unauthorised modification
- unlawful destruction or accidental loss
- All our employees, contractors and subcontractors who have access to and are associated with the processing of personal data, are obliged to respect the confidentiality of our visitors' personal data.
- We use leading technologies and encryption software to safeguard your data, and set strict security standards to prevent any unauthorised access to it.
Your rights and responsibilities
- Please ensure that any information you submit to us is accurate and correct. Do not include personal information about third parties unless you have told the individual concerned and they consent to it being supplied.
- Tell us as soon as possible if any of the personal information you have provided should change.
- Where we have given you (or where you have chosen) a password which enables you to access certain parts of our website, you are responsible for keeping this password confidential. You should not share this password with anyone.
Access to information
- The Data Protection Act gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee of £10 to meet our costs in providing you with the details of the information we hold about you. Evidence or proof of your identity will be required.
- It is both in our interest and yours to hold accurate data. If the data we hold on you is inaccurate in any way, where appropriate, you may have the data:
- rectified or amended
- We reserve the right to refuse to provide you with a copy of your personal data, but will give reasons for our refusal and allow you to challenge our decision.
- TerraQuest Ltd, Quayside Tower, 252-260 Broad Street, Birmingham, B1 2HF.
- Telephone Number: 0333 323 4589
Changes to the Terms & Conditions
- We reserve the right to vary our terms and conditions at any time. Any changes we may make to our terms & conditions in the future will be posted on this page.
- This policy was last updated in September 2017