1. Introduction
These Terms and Conditions ("Terms")
govern your access and use of the National One Call ("NOC") website and mobile
application (collectively, the "Service"). By accessing or using the
Service, you agree to be bound by these Terms.
If you do not agree to
all of the Terms, you are not authorised to use the Service.
2. Using the Service:
- Eligibility: You
must be at least 16 years old and have the legal capacity to enter
into agreement to use the Service.
- User Accounts: You
may be required to create an account ("Account") to access certain
features of the Service. You are
responsible for maintaining
the confidentiality of your account information and password. You
agree to accept responsibility for all activities that occur under
your account.
-
Site Locating: You
are able to specify locations of interest to you ("Sites").
You are responsible for the accuracy and completeness of your Site
specification.
- Service Requests:
You are able to make Enquiries and Requests for NOC services for
your Sites ("Requests"). You are responsible for the accuracy and
completeness of your Request.
- Prohibited Activities:
You agree not to use the Service for any unlawful purpose or in any
way that violates these Terms. Prohibited activities include:
- Posting false, misleading,
offensive or
inaccurate information.
- Engaging in spam or other
unsolicited communications.
- Interfering with the operation
of the Service.
- Improper use of the Service to
extract data for inclusions in other systems.
- Impersonating any person or
entity.
3. Service Terms and Conditions.
PlanToDig Service:
- Your Enquiry: It
is your responsibility to ensure accuracy and completeness of your
PlanToDig Enquiry. Once released, this cannot be edited.
- Matching Process:
NOC will identify all known Asset Owners and SiteGuard site-owners
("Contacts") with a potential interest in your Enquiry Site.
It is your responsibility to select the Contacts for your Enquiry.
- Fees and Charges:
You are
responsible for paying any PlanToDig Service Fees or Asset Owner Charges.
- Order Activation:
A PlanToDig
Enquiry will be released on Payment of Estimate, and/or
Authorisation from an agreed Credit Account.
- Copyright and IPR:
Documents and Responses received from Contact may be subject to
copyright and IPR. You indemnify NOC for claims of copyright /
IPR breach.
- Completion and Retention:
PlanToDig Enquiries are complete when all Contacts are accounted
for. Enquiries will be retained for up to 2 years in your
Enquiries Register.
SiteGuard Service:
- SiteGuard Site: It
is your responsibility to ensure accuracy and completeness of your
SiteGuard presence. Settings can be edited as required.
- Matching Process:
NOC will compare incoming PlanToDig Enquiries against your InSite
Site presence. Actions taken on a Match will be according to
your Settings.
- Fees and Charges:
Neither you
nor any Enquirer pay any fees or charges to NOC for PlanToDig
Enquiries.
- Copyright and IPR:
You indemnify NOC for claims of copyright / IPR breach for any
documentation or communication you provide in response to Enquiries.
- Term and Termination:
SiteGuard Presence terminates on completion of the Duration
selected. Once Terminated, the Site will be unavailable to
PlanToDig Enquiries.
- Enquiry Retention:
Matched
PlanToDig Enquiries and your Responses will be retained for up to 2 years.
InSite Service:
- InSite Help Request:
It is your responsibility to ensure accuracy and completeness of
your
InSite Help Request ("Request"). Settings can be edited as
appropriate.
- Matching Process:
NOC services may connect you with other members of our user
community ("Sponsors") who may be
able to assist with your Request. We do not endorse or recommend
any particular tradesperson.
- Member
Qualifications: It is your responsibility to verify the
capabilities of any Sponsor(s) you
consider for your project. We recommend checking references,
trading activity, licenses, and insurance coverage.
- Quotes & Communication:
Sponsors may need to contact you to discuss your
Request further. You are responsible for
communicating directly with the Sponsor to clarify your
requirements, negotiate and
finalise any agreements. We are not involved in the negotiation or
contracting of any services.
- Fees and Charges:
No fees or
charges are payable to National One Call from either Requesters or
Sponsors for making or responding to InSite Help Requests.
4. Disclaimer of Warranties
THE SERVICE
IS PROVIDED "AS IS" AND "AS
AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING
BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR
PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL
BE UNINTERRUPTED, ERROR-FREE, OR VIRUS-FREE. WE ALSO DO NOT
WARRANT THE ACCURACY OR COMPLETENESS OF ANY ENTRIES OR RESPONSES MADE ON
OUR SERVICES.
5. Limitation of Liability
WE
SHALL NOT BE LIABLE FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE
DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE,
INCLUDING BUT NOT LIMITED TO DAMAGES FOR PERSONAL INJURY, PROPERTY
DAMAGE, LOST PROFITS, OR BUSINESS INTERRUPTION. YOU AGREE THAT
YOUR USE OF NOC SERVICES AND ANY INTERACTIONS WITH OTHER NOC USERS ARE
ENTIRELY AT YOUR OWN
RISK.
6. Indemnification
You agree to indemnify and hold harmless
us, our affiliates, officers, directors, employees, agents, and
licensors from and against any and all claims, demands, losses,
liabilities, costs, or expenses (including legal fees / breaches of
IPR or copyright) arising out
of or related to your use of the Service, including any interactions
with other users that you may connect with through the Service.
7. Term and Termination
We may terminate your access to the
Service for any reason, at any time, without notice. You may also
terminate your account at any time.
8. Intellectual Property
The Service and all content included on
the Service, including text,
graphics, logos, images, and software, are protected by copyright and
other intellectual property laws. You may not copy, modify,
distribute, transmit, display, reproduce, publish, license, or create
derivative works from any content on the Service without our prior
written consent. You also indemnify National One Call against
breaches of IPR or copyright infringement of 3rd party data or
documentation.
9. Governing Law
These Terms shall be governed by and
construed in accordance with UK laws, without regard to its
conflict of laws principles.
10. Entire Agreement
These Terms constitute the
entire
agreement between you and us regarding your use of the Service.
11. Severability
If any provision of these Terms is held to be invalid or unenforceable,
such provision shall be struck and the remaining provisions shall
remain in full force and effect.
12. Updates to Terms
We may update these Terms from time to
time. We will post the updated Terms on the Service. You are advised to
review the Terms periodically for any changes.