Terms of Use
These Terms and Conditions of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity, and digdat, a trading name of Anglian Water Services Limited (Company Number 2366656).
If you do not agree with these Terms and Conditions, you are prohibited from using the Site and Services and you must discontinue use immediately.
- Reference to “Site” refers to the use of the digdat Utilities Site and Services.
- Your use of the website constitutes acceptance of these Terms and Conditions at the date you first use the Site.
- We may make changes to these Terms and Conditions at any time. The updated version will be indicated by an updated “Revised” date and the updated version will be effective immediately. You are responsible for reviewing these Terms and Conditions to stay informed of updates. Your continued use of the Site represents that you have accepted such changes.
- If there is any conflict between these Terms and Conditions and rules and/or specific terms of use appearing on the Site relating to specific material, then the latter shall prevail. Further, where goods or services are provided via the Site our liability shall be limited as provided by the specific terms and conditions applicable.
- You are responsible for ensuring that all persons who access the Site through your internet connection are aware of these Terms and Conditions of Use and that they comply with them.
Availability of the Site
- We do not warrant (i) that access to this Site will be uninterrupted or error free, (ii) that defects will be corrected, or that (iii) the Site or the server that makes it available are free of viruses.
- digdat will not be liable to you or any other third party if, for any reason, the Site is unavailable for any period of time and access to the Site may be suspended at any time without prior notice being given.
Use of the Site
- In accessing the Site, you agree to use it only for lawful purposes, and in a manner, which does not infringe the rights, restrict, or inhibit the use and enjoyment of the Site by any third party.
- You may not access or use the Site for any purpose other than that for which we make the Site and our Services available. The Site may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us.
- As a user of the Site you agree not to:
- Systematically retrieve data or other content from the Site to compile a database or directory without written permission from us.
- Make any unauthorised use of the Site, including creating user accounts under false pretences
- Circumvent, disable or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use of copying of any content or enforce limitations on the use
- Engage in unauthorised framing of or linking to the Site
- Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots or similar data gathering and extraction tools
- Interfere with, disrupt, or create an undue burden on the Site or the networks and services connected to the Site
- Attempt to impersonate another user or person, or use the username of another user
- Use the Site or our content as part of any effort to compete with us or to create a revenue-generating endeavour or commercial enterprise
- Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site
- Attempt to access any portions of the Site that you are restricted from accessing
- Delete the copyright or other proprietary rights notices from any of the content
- Copy or adapt the Site’s software
- Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, Malware or other material that interferes with any party’s uninterrupted use and enjoyment of the Site, or any material that acts as a passive or active information collection or transmission mechanism
- Disparage, tarnish or otherwise harm, in our opinion, us and/or the Site
- Use the Site in a manner inconsistent with any applicable laws or regulations
Content of Website
- Although care has been taken to ensure the availability, accuracy and electronic integrity of the Site and its content, digdat accepts no liability for loss of any kind incurred as a result of reliance on any information or opinions provided within the Site, even if the information is wrong or inaccurate, or arising from your inability to use the Site or any material contained in it or from any action or decision taken as a result of using the Site. Although digdat aims to update this Site regularly, any material on the Site may be out of date at any given time, and digdat is under no obligation to update such material.
- We can accept no responsibility for any damage caused to you or to any third parties by any material which you download from this Site.
- The position of the apparatus shown on the available maps and plans are given without obligation and warranty, and the accuracy cannot be guaranteed. Service pipes, wires, cables are not shown but their presence should be anticipated. No liability of any kind whatsoever is accepted by digdat for any error or omission. The actual position of utility infrastructure and assets must be verified on Site before any works are undertaken.
- Utility companies have a statutory obligation to record their assets and make the data available to third parties such as local councils and other utilities that need to excavate in the highways, digdat, therefore, provides access to asset location maps free of charge to authorised parties.
- The use of utility infrastructure/asset maps contained within digdat is subject to the disclaimers and conditions associated with them. The conditions under which the maps can be viewed are specified when applying for access to the data and these must be read and accepted before viewing the relevant maps. In the event that maps are printed from digdat by a user with statutory access rights, the map may not be made available to members of the public unless utility infrastructure is present on the map. No charge can be made for the provision of this service. The resale of digdat maps is prohibited.
- The quality and accuracy of any prints produced from digdat depend upon the specific printer and printer driver used. digdat takes no responsibility for the results of actions arising from distortions and inaccuracies introduced by the user's printer.
- digdat is a partner of Ordnance Survey and digdat Utilities mapping is based on the Ordnance Survey OS MasterMap Topography Layer, covered by © Crown copyright and database rights 2022 OS 100018507; and OS MasterMap AddressBase covered by © Local Government Information House Limited copyright and database rights 2022 100018507. Ordnance Survey digital map data is protected by Crown copyright and remains the property of Ordnance Survey. The Ordnance Survey map data displayed by digdat is to be used for the purposes of viewing the location of utility infrastructure only. Any other use of the map is not permitted.
Intellectual Property Rights
- Unless otherwise indicated, the Site and Services including without limitation, source code, databases, functionality, software, webSite designs, audio, video, text, photographs, and graphics on the Site are owned or licensed to digdat and are protected by copyright and trademark law. (Our Content)
- Provided that you are eligible to use the Site, you are granted a limited licence to access and use the Site and Our Content and to download or print a copy of any portion of Our Content to which you have properly gained access solely for your personal, non-commercial use. The content of the webSite may not otherwise be copied, or stored in any electronic retrieval system, or incorporated into any other webSite, publication or other work in any form without the prior written consent of digdat, or in accordance with the Copyright, Designs and Patents Act 1988 (as amended).
- If you download or print copies of the content you must retain any copyright or other intellectual property notices in the original and or make clear that such material is the property of digdat.
Hyperlinks
- Hypertext links within the Site may cause you to leave our Site and access other websites not under our control. We do not monitor the content of third-party websites and any links provided on the Site are for your convenience only.
- digdat accepts no responsibility for the content of or information on any Site to which its Site links. For the avoidance of doubt, after you leave the Site (whether knowingly or not), digdat can no longer be responsible in any way for any material that you encounter and excludes to the fullest extent permitted by law all liability that may arise with respect to or as a result of such material causing any damage, costs, injury, or loss of any kind.
Liability
For the avoidance of doubt, where you use the Site for business purposes 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 the Site or Services
- Use of or reliance on any content displayed on our Site
- Loss of business, profits, sales, contracts, goodwill and/or any other economic loss or any indirect or consequential loss, business interruption
- Loss of anticipated savings
- Loss of business opportunity, goodwill or reputation
- Any indirect or consequential loss or damage
Law and Contact
This Site and these terms are governed by and construed in accordance with the laws of England. Any disputes arising shall be submitted to the exclusive jurisdiction of the English courts.
You may only link to this webSite with our express prior written permission. All enquiries should be addressed to digdat, Osprey House, 1 Percy Road, Huntingdon, Cambs. PE29 6SZ, or via email at info@digdat.co.uk
Site Management
We reserve the right at our sole discretion to:
- Monitor the Site for breaches of these Terms and Conditions
- Take appropriate legal action against anyone in breach of applicable laws or these Terms and Conditions; User will be responsible for our legal costs
- Remove from the Site or otherwise disable any user in breach of these Terms and Conditions
- Otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site and Services
Term and Termination
- These Terms and Conditions shall remain in full force and effect whilst you use the Site or Services or are otherwise a user of the Site, as applicable. You may terminate your use at any time.
- Without limiting any other provision of these Terms and Conditions, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Site and the Services to any person for any reason including without limitation for breach of any representation, warranty or covenant contained in these Terms and Conditions or of any applicable law or regulation.
- If we determine, in our sole discretion, that our use of the Site/Services is in breach of these Terms and Conditions or of any applicable law or regulation, we may terminate your use or participation in the Site and the Services without notice.
- If we terminate or suspend your use, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal and injunctive redress.
General
- These Terms and Conditions and any policies or operating rules posted by us on the Site or in respect of the Services constitute the entire agreement and understanding between us.
- Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision.
- We may assign any or all of our rights and obligations to others at any time.
- If any provision or part of a provision of these Terms and Conditions is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and Conditions and does not affect the validity and enforceability of any remaining provisions.
Last Updated: 01 July 2021