Terms & Conditions

121 Systems Terms and Conditions

Please read these terms and conditions carefully before using this site and our Licensed Software.

1       What is in these terms?

These terms tell you the rules for using our website www.121systems.com (our site) and our Licensed Software.

2       Who we are and how to contact us

www.121systems.com is a site operated by 121 Systems Limited (“We”).

We are registered in England and Wales under company number 04592619 and have our registered office at Suite 2, Chatsworth House, Prime Business Centre, Raynesway, Derby, DE21 7SR, United Kingdom.

We are a limited company.

To contact us, please email sales@121systems.com or write to us at Suite 2, Chatsworth House, Prime Business Centre, Raynesway, Derby, DE21 7SR, United Kingdom.

3       By using our website or licensed software, you accept these terms

By using our website or licensed software, you confirm that you accept these terms of use and agree to comply with them.

If you disagree with these terms, you must not use our site or licensed software.

We recommend that you print a copy of these terms for future reference.

3.1 Other terms may apply to you

These terms of use refer to the following additional items, which also apply to your use of our site:

  • Our Privacy Policy defines how we process any personal data you collect or provide. Using our site or software, you consent to such processing and warrant that all data you provide is accurate.
  • Our Cookie Policy is incorporated within our Privacy Policy and sets out information about the cookies on our site.
3.2      We may make changes to these terms

We amend these terms from time to time. Every time you wish to use our website, please check these terms to ensure you understand the conditions that apply at that time.

These terms were most recently updated on the following:

  • 07 December 2017 – an initial document created
4       We may make changes to our site

We may update our website and software from time to time to reflect changes to our products, users’ needs, and business priorities.

5       We may suspend or withdraw our site.

Our website site is made available free of charge.

We do not guarantee that our site, or any content on it, will always be available or be uninterrupted.

We may suspend, withdraw, or restrict the availability of all or any part of our site for business or operational reasons.

You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions and that they comply with them.

6       How you may use the material on our site

We are the owner or the licensee of all intellectual property rights detailed in our website and the content published on it.

Copyright laws and treaties around the world protect those works.

All such rights are reserved.

You may print off one copy and download extracts of any page(s) from our site for your personal use, and you may draw the attention of others within your organisation to content posted on our website.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.

You must not use any part of the content on our site for commercial purposes without obtaining a licence from us or our licensors.

If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately, and you must, at our option, return or destroy any copies of the materials you have made.

7       Do not rely on the information on this site

The content of our website 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 by the content of our site.

Other than our Right to Audit section, which must be followed.

Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content of our site is accurate, complete or up to date.

8       We are not responsible for websites we link to

Where our site contains links to other sites and resources provided by third parties, these links are only for your information.

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.

9       Our responsibility for loss or damage suffered by you

We do not exclude or limit in any way our liability to where it would be unlawful to do so.

This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and fraud or fraudulent misrepresentation.

We exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content.

We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

  • Use of, or inability to use our site; or
  • Use of or reliance on any content displayed on our website.
  • In particular, we will not be liable for the following:
    • Loss of profits, sales, business, or revenue;
    • Business interruption
    • Loss of anticipated savings;
    • Loss of business opportunity, goodwill or reputation; or
    • Any indirect or consequential loss or damage.
10    We are not responsible for viruses, and you must not introduce them

We do not guarantee that our site will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your virus protection software.

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other malicious or technologically harmful material.

You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site.

You must not attack our site via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990.

We will report any such breach to the relevant law enforcement authorities and cooperate with them by disclosing your identity. In case of such a breach, your right to use our site will cease immediately.

11   Rules about linking to our site

You may link to our homepage, 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 website on any website you do not own.

Our site must not be framed on any other website, nor may you create a link to any part of our site 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 the content on our site other than that set out above, don’t hesitate to get in touch with sales@121systems.com

12    Which country’s laws apply to any disputes?

These terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by the laws of England and Wales. We both agree to the exclusive jurisdiction of the courts of England and Wales.

13   Right to Audit.

The End User shall maintain accurate records regarding its use of the Licensed Software and Map data for three (3) years after the due date for payment of license fees to 121.

We shall have the right once annually, at its own expense, to audit at the End Users premises End User records which are reasonably necessary, as determined by 121 in good faith, to thoroughly verify the license fees and compliance with our Agreement (s).

End User shall provide 121 access to such End User records no later than thirty (30) days following receipt of a written audit notice or email from 121.

Any audit shall occur within three (3) years following the due date of the applicable license fee payment(s).

Suppose an audit determines that the amounts due during the applicable period exceed payments made by 5% or more. In that case, the End User shall reimburse 121 of the cost of the audit and pay 121 of the fees due, plus interest as specified in the applicable Exhibit, within ten days of completion of the audit.

HERE Map Data Terms.

14    Our trademarks are registered

“121 Systems” is a U.K. registered trademark of 121 Systems Limited

“Pulse” is a U.K. registered trademark of 121 Systems Limited

“HERE” is a registered trademark of HERE Global B.V. 

You are not permitted to use these trademarks without our approval unless they are part of the material you are applying under Section 6 – How you may use the content on our website.

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