1. No Representations. PhotoSat Information Ltd. (hereinafter called “us” or “we” or “PhotoSat”) makes no representations or warranties whatsoever with respect to any data, information, or images (collectively hereinafter called the “Products”) provided by PhotoSat to the party using PhotoSat’s website or purchasing and downloading the Products (hereinafter called “you” or the “Customer”). No representations or warranties, expressed or implied, statutory or otherwise, will apply to your purchase of the Products, unless and except to the extent expressly contained herein. Without limiting the generality of the foregoing, the Customer acknowledges that the Products are not represented by PhotoSat to be suitable for any purpose specified or intended by the Customer.
2. Limited Warranty. The Products are provided “as is” without any warranty of any kind, express or implied. If any parts of the Products supplied by PhotoSat are defective such that the Customer does not obtain any benefit therefrom, then PhotoSat will refund to the Customer part or all of the price paid, in proportion to the amount of the Products which were defective. For greater certainty PhotoSat will not be liable in any circumstances for any consequential loss whatever, however caused, including (but without limitation) business interruption and/or loss of profits, to the Customer or any third party.
3. Limitation of Liability. Except where provided in paragraph 2 above, PhotoSat, its affiliates, officers, directors, shareholders, agents, and employees shall not be liable for any loss or damage suffered by the Customer, or any party claiming through the Customer, as a result of or related to the provision by PhotoSat of any Products or other services.
4. Representations and Warranties by Customer. The Customer hereby represents and warrants to PhotoSat that the Customer’s purchase and use of the Products conforms and complies with all applicable laws and regulations. The Customer shall indemnify and hold harmless PhotoSat from and against any claims made by third parties for the illicit use of the Products by the Customer or by other third parties to whom the Customer redistributes the Products.
5. Price and Payment. All prices are quoted in U.S. dollars and must be paid in U.S. dollars. Payment must be made via a third party provider by credit card or any other method as PhotoSat may introduce at its absolute discretion. We reserve the right to accept or refuse any payment made in any form. You will not be charged for any orders that cannot be fulfilled and where appropriate we will refund to your account any sum deducted by us. To maximize security PhotoSat does not hold any credit card details. All credit card details are transmitted securely using Secure Sockets Layer (SSL) technology and will be held by trusted third party payment providers.
6. Delivery. All Products will be delivered to the Customer at the email address provided.
7. Refunds and Returns. Products purchased by the Customer from PhotoSat cannot be returned or refunded for any reason whatsoever, except where such Products are defective as described in paragraph 2 above.
8. Data License. The satellite ortho photos and derived elevation survey grids comprising the Products are licensed for use by the Customer only. The satellite ortho photos and derived elevation survey grids are subject to the DigitalGlobe Internal Use License Agreement and by purchasing the Products the Customer agrees to such terms.
9. Redistributing Products. The Customer shall not resell or otherwise distribute to any third party any Products provided by PhotoSat unless the Customer obtains from such third party a disclaimer of representations, a confirmation of limitations of liability and an indemnity similar to those contained in paragraphs 1 through 4 above, and the Customer shall ensure that PhotoSat is a beneficiary of such disclaimers, limitations of liability and indemnity (even if only indirectly named as a supplier of the Products). The Customer shall indemnify and hold harmless PhotoSat from and against any claims made by third parties to whom the Customer redistributes the Products supplied by PhotoSat.
11. Cookies. Like many websites, PhotoSat utilizes “cookies” to maintain records of your visit to our website and your use of our services. A cookie is a small text file stored on the hard drive of your computer or mobile device and it can only be read by the server that sent it to you. It does not identify you personally and you remain anonymous unless you have provided PhotoSat with personal information. Cookies allow PhotoSat to improve our website and services offered to you. If you would like to prevent your computer from accepting PhotoSat’s cookies then you may change your internet browser’s settings for accepting cookies. Please note however that disabling cookies may prevent you from accessing certain portions of our website.
12. Governing Law. Your use of PhotoSat’s website and your purchase of the Products shall be governed by and construed in accordance with the law of the Province of British Columbia and the Customer hereby agrees to submit and attorn to the exclusive jurisdiction of the courts of the Province of British Columbia.
13. Entire Agreement. The terms set out herein and in your order for the Products together constitute the entire agreement between PhotoSat and the Customer and supersede all prior agreements and understandings, oral or written, by and between PhotoSat and the Customer with respect to the subject matter set out herein.