Last updated 16^th June 2009.

Welcome to the Workmap User Agreement ("User Agreement"). The services available at Workmap.com (‘the Site') are provided by Workmap Limited. ("we", "us" or "our") whose principal place of business is located at 151 Eversleigh Road, London, SW11 5UY (Registered in the United Kingdom, company number: 06312907).

This User Agreement describes the terms and conditions applicable to your use of our services available at the Site (‘the Services'). Those who use the Services are hereinafter referred to as "Users". By using our Services you and the entity you are employed by or represent ("you" or "the User") are agreeing to the terms and conditions set out in this User Agreement.

We may amend this User Agreement at any time by posting the updated version on the Site. Any amended User Agreement will govern use of the Services after that date.

1. Eligibility.

Our Services are intended to be used by people acting in a business capacity and are not for use by people acting as consumers or in any private capacity. Our Services are not available to, and may not be used by, persons under the age of 18 years or by those who have previously breached the terms of this (or any preceding) User Agreement. If you are registering on behalf of a business entity, you represent that you have the authority to bind that entity to this User Agreement. You warrant that the information you provide to us as part of the registration process is accurate. The User shall only use his or her proper legal name and not a pseudonym or other adopted/made up name. The User must never impersonate any other person or entity. The User shall report any changes in the registration data to us without undue delay. We reserve the right to reject applications to use the Site and the Services in our absolute discretion and without having to assign any reason and irrespective of whether you have, at that point, been allowed to use the Services on a provisional basis and whether, to that point, you have committed any breach of this User Agreement. Where we reject an application we will endeavour to do so as soon as reasonably possible any in any event within 14 days of your first use of the Services. Where an application is rejected this User Agreement will govern any use of the Services which has occurred in the interim.

2. User and Member ID's.

You are responsible for all actions taken under your User or Member ID and shall only use or utilise the Site using your own User or Member ID. You must use every effort to keep your User or Member ID safe and should not disclose it to any other person. You shall not transfer or sell your User or Member ID to any other person. You shall also not permit, either directly or indirectly, any other person to utilise your User or Member ID. If you believe your User or Member ID may have been compromised please inform us immediately and we will arrange for it to be cancelled and a replacement one issued.

You or the entity that you represent (or formerly represented) may, at any time by notice, inform us that you or they wish to cease publishing Material on the Site and wish existing Material to be deleted. In the event of any conflicting instructions between you and the entity you represent or formerly represented, we reserve the right to follow the instructions of your employer or former employer.

3. Nature of Services.

3.1 The Site acts as a medium which allows Users to interact. We reserve the right to modify the services offered on the Site from time to time without notice to the User and without liability. We have no way of checking whether any User is actually who he or she claims to be. Each User is solely responsible for checking the actual identity of another User. We do not review or routinely monitor material posted by Users. However, when alerted to possible usage in breach of this User Agreement we reserve the right to monitor material posted (including messages sent and received) as necessary in order to ascertain whether this User Agreement is being complied with or whether there is unlawful activity being committed. Where permitted by law, in such circumstances we may conduct monitoring without first notifying you that we are doing so. We are not a party to any transaction that may result from material placed on the Site. We have no control over the legality, truth or accuracy of the material placed on the Site. You accept sole responsibility for the legality of your actions under laws applying to you.

3.2 Liability. In the event that you have any right, claim or action against any other User arising from that User's use of the Site, you agree to pursue such right, claim or action independently of and without recourse to us, and you hereby agree to indemnify us (and our parent, subsidiaries, affiliates, officers, directors, agents and employees) against all claims, liability, damages, losses, costs and expenses, including legal fees arising from or in any way connected with such right, claim or action.

4. Material content.

4.1 Information, pictures, documents, presentations or other material which you publish on the Site is hereinafter referred to as "Material". You must not publish any Material which we consider is or may be unlawful, offensive, harmful, inaccurate, or deceptive or which may bring the Service and the Site into disrepute.

4.2 Your Material posted on our Site must not (and you hereby warrant that it will not):

be false, inaccurate, incomplete or misleading; be offensive or menacing, abusive, defamatory, or in breach of confidence, privacy or any other rights; be in the nature of spam; be used to encourage or perpetrate acts of terrorism or any other violent or criminal activity; be used to send coded or encrypted messages; use language that might reasonably be regarded as foul language or swearing; infringe any third party's copyright, patent, trade mark, trade secret or other proprietary rights; breach any contract to which you are a party; contain any reference to or representation of any living individual or suggest any endorsement by any living individual unless you have obtained permission to such use from the individual concerned; be fraudulent or involve the sale of counterfeit or stolen items; be in breach of any applicable laws or regulations (including, but not limited to, laws governing financial services, export control, consumer protection, unfair competition, anti-discrimination, false advertising); be obscene or indecent; include any explicit or implicit sexual or related references; create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; contain any computer viruses or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer or to surreptitiously intercept, access without authority or expropriate any system, data or personal information; cause the Site (whether through excessive use or otherwise) to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Site is in any way impaired.

4.3 Where the User uploads a photograph of him/herself it must be of the User alone. It must not be of or include the image of somebody else.

4.4 Where the User uploads a trade mark or company logo the User must ensure that he/she has the necessary permission to do so.

4.5 Without limiting any other remedies, we may suspend or terminate your account or block or remove any Material without notice if we suspect that:-

(i) your Material breaches or may breach the conditions set out above or if you breach any other provision of this Agreement;

(ii) you have engaged or are about to engage in, or have been in any way involved in or linked to fraudulent activity whether in connection with the Site or otherwise;

(iii) if, despite our reasonable endeavours, we are unable to verify or authenticate any information you provide to us;

(iv) if we believe that your actions may cause us financial loss or legal liability; or

(v) if we consider that your use of the Site or the Services may bring the Service or Site into disrepute.

(vi) your Material is materially out of date and has not been updated, for example, in circumstances where you are no longer employed by the entity listed in the Material submitted.
We would appreciate you reporting the activities of any other User which you believe may violate applicable laws and/or any of the above terms and conditions either by e-mail to the following address, by telephone on the following number or using the following link.

4.6 Except as strictly necessary to enable you to use and access the Site and the Service in order to interact with other specifically and individually selected Users and to keep specifically and individually selected records for personal reference purposes, you may not copy, download, distribute, publish, store (whether electronically or otherwise) material published on the Site by other Users unless you have their express consent. The material making up the Site and the Service comprises material which is the subject of intellectual property rights which belong to us and our Users. Except as expressly permitted by this clause 4.6 you may not print off or otherwise store (electronically or otherwise) a copy of the whole or a substantial part of the Site nor use the same for any commercial purpose.

4.7 Access to the Site and the Service for the purpose of the systematic collection of names and contact details (whether by automatic or manual means) is not permitted under any circumstances and is strictly prohibited. Such activity will constitute a breach of the User Agreement and an infringement of our intellectual property rights as well as a breach of applicable data protection laws.

4.8 By submitting Material you hereby grant to us a free of charge, non-exclusive licence for us and other users to reproduce the Material as necessary in conjunction with the operation and use of the Service.

5. Fees.

Use of the Service is entirely free (except for the Company Directory for which an annual charge applies - see clause 14 below).
We reserve the right to change our charges at any time. Any change to the charges will only become effective once a reasonable period of notice (not exceeding two months) has been given.

6. Warranty.

We undertake to provide the Services using reasonable skill and care. However, we (and our parent, subsidiaries, affiliates, officers, directors, agents and employees) do not guarantee continuous, uninterrupted or secure access to our Services and operation of the Site may be interfered with by numerous factors outside of our control. We exclude all implied warranties, conditions or other terms, whether implied by statute or otherwise. Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.

7. Limitation of Liability.

Nothing in this User Agreement shall limit or exclude our liability for fraudulent misrepresentation, or for death or personal injury resulting from our negligence or the negligence of our agents or employees. Subject to the foregoing we shall have no liability to you whatsoever (whether in contract, negligence or otherwise) in connection with your use of the Site and the Services and your use of the same is entirely at your own risk.

8. Indemnity.

You (and the entity which you represent) agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of this User Agreement or your violation of any law or the rights of a third party.

9. Personal data.

The personal information which you provide to us as part of the registration process will be used by us purely to administer your account with us. We will not pass your details on to any third party for any purpose whatsoever except for those entities performing administration services on our behalf (if any) or in connection with the sale or re-organisation of our business or as required by law. We may use the personal information you submit and information gathered about your use of the Service in order to improve your interaction with the Site and the Services and enhance your User experience.

From time to time we would like to contact you using the contact details you have provided to remind you of the Services we offer. If you would prefer not to receive such communications from us you can notify us accordingly at any time using the contact details set out in this Agreement.

You alone decide which elements of the Material you submit are freely accessible by all other Users and which elements of the Material are only to be accessible by those specific Users you authorise. Whilst we will implement and update appropriate security measures designed to prevent unauthorised access to, amendment of and unlawful processing of personal data and to safeguard against accidental loss of or damage to personal data, we cannot guarantee that these security measures will be 100% effective. Users are requested to notify us just as soon as they become aware of or suspect any possible breach of security.

Once you have logged in to the Service we use cookies in order to identify you during the course of your session. A cookie will be stored on your computer. Upon the termination of your session the cookie will be automatically deleted. You can save this cookie on to your computer to enable automatic log in for subsequent sessions by activating the ‘login automatically on this computer' function. The cookie will then store part of your login data in encrypted form on your computer. Please note that automatic log in is only possible on the computer on which the cookie was first saved. Automatic log in from two different computers is not possible.

You may refuse to accept and delete cookies by adjusting the settings on your internet browser accordingly. However, this may affect your ability to use to the full certain aspects of the Site and the Services.

Please note that your Material may be viewed in countries which do not have the same level of legal protection for privacy and personal information as the United Kingdom. If you decide to terminate your use of the Service all of your personal data will be automatically deleted as soon as possible thereafter subject only to any personal data which we need to retain for compliance with audit and record keeping requirements and to be able to defend any potential claims to which we might be subject. We will keep such information for no longer than is strictly necessary.

10. Notices.

Notices to us must be sent by first class mail to: 151 Eversleigh Road, London, SW11 5UY or by using the ‘feedback' facility present on the Site. Notices to you will be sent to the email address that you provide to us during the registration process or as subsequently notified. Receipt is deemed 24 hours after an email is sent, unless we receive notice that the email address is invalid or that the e-mail has otherwise not been received.

11. Governing Law and Legal Compliance.

This User Agreement shall be governed by and construed in accordance with English law and subject to the exclusive jurisdiction of the English courts, although we retain the right to take action against you for breach of this User Agreement in your country of domicile or residence or in any other relevant jurisdiction.

Please note that your country of residence, domicile, incorporation or registration may have laws which apply to your transactions regardless of what you agree with us. The laws of that country may be different from English law. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our Services. There is no practical way for us to continually monitor the laws of every country or all of the information posted on the Site. Please do not assume that you are allowed to do what other Users do or that we approve of any material even if you have been allowed to post similar material in the past without objection.

12. Third Party Rights.

A person who is not a party to this User Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 or otherwise to enforce any term of this User Agreement.

13. General.

If any provision of this User Agreement is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall be enforceable. The invalid or unenforceable provision shall be replaced with such provision as is valid and enforceable and as close as possible to the intention reflected in the original provision. You agree that any and all contracts between us comprising this User Agreement may be assigned by us to a third party in the event of a merger, or acquisition, corporate re-organisation or other business transfer. Each of us are independent contractors, and no agency, partnership, joint venture, employer-employee relationship is intended or created by this User Agreement. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of the wording which follows. Our failure or delay to act with respect to a breach by you or others does not waive our right to act with respect to that or subsequent or similar breaches. This User Agreement sets forth the entire understanding and agreement between us with respect to its subject matter. All provisions which either expressly or impliedly are intended to continue to apply post termination shall survive any termination of this User Agreement howsoever arising. Termination does not affect the User's liability, if any, for acts carried out prior to termination taking effect.

The search records (not including sponsored listings) are owned by a third party and that third party makes no warranties with respect to the records and excludes as far as is legally possible all liability for the records.

14. Company Directory.

In consideration of the payment of an annual fee as notified by Us from time to time, payable annually in advance, Users may elect to create a sponsored profile for their company within the Company Directory section of the Site. This section of the Site is fully searchable by all Site Users. Subscription to the Company Directory is on a 12 monthly basis and will be automatically renewed thereafter unless a minimum of 7 days' notice is provided to Us in writing or via e-mail to the address: accounts@workmap.com prior to a renewal anniversary. We will e-mail the User a minimum of 30 days prior to the renewal becoming effective in order to allow the User to decide whether they wish to continue or cancel their Company Directory subscription. You may also contact workmap via telephone at: 02076 521098 (or via accounts@workmap.com). Subscriptions once entered are non cancellable or refundable except under exceptional circumstances where you may have the right to a refund during the first 7 days of your subscription at the discretion of management. Payments for subscriptions to the Company Directory are to be made by way of direct debit. Subscribed Users will receive an appropriate VAT invoice within 28 days of the payment being made. The remaining provisions of this User Agreement apply equally to the Company Directory facility. When registering for the Company Directory, the User must provide the correct name of the legal entity applying to subscribe and who is agreeing to pay the applicable charges.