Introduction

Please read these Terms of Use (“Terms”, “Terms of Use”, “Terms of Service”) carefully before using the Ibex website and application (the “Service”, “Application”) operated by Bishop Surveying Solutions Limited (“us”, “we”, or “our”).
For the remainder of this document the legal entity Bishop Surveying Solutions Limited will be referred to as Ibex.

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms.
These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms.
If you disagree with any part of the terms then you may not access the Service.

License

Ibex grants you a revocable, non-exclusive, non-transferable, limited license to use the hosted online application and/or download, install and use the application strictly in accordance with the terms of this Agreement.

Subscriptions

Some parts of the Service are billed on a subscription basis (“Subscription(s)”).
You will be billed in advance on a recurring and periodic basis (“Billing Cycle”).
Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.

At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or Ibex cancels it.
You may cancel your Subscription renewal either through your online account management page or by contacting the Ibex customer support team.

A valid payment method is required to process the payment for your Subscription.
You shall provide Ibex with accurate and complete billing information including full name, address, state, post/zip code, telephone number, and a valid payment method information.
By submitting such payment information, you automatically authorize Ibex to charge all Subscription fees incurred through your account to any such payment instruments.

Should automatic billing fail to occur for any reason, Ibex will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

Free Trial

Ibex may, at its sole discretion, offer a Subscription with a free trial for a limited period of time.
This may also be in the form of a free account that has no time limitation. (“Free Service”)

You may be required to enter your billing information in order to sign up for the Free Service.

If you do enter your billing information when signing up for the Free Service, you will not be charged by Ibex until the Free Service has expired.
On the last day of the Free Service period, unless you cancelled your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected.

At any time and without notice, Ibex reserves the right to (i) modify the terms and conditions of the Free Service offer, or (ii) cancel such Free Service offer.

Fee Changes

Ibex, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions.
Any Subscription fee change will become effective at the end of the then-current Billing Cycle.

Ibex will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.

Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

Refunds

Certain refund requests for Subscriptions may be considered by Ibex on a case-by-case basis and granted in sole discretion of Ibex.

Content

Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”).
You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness.

By posting Content to the Service, you grant us the right and license to use, display and distribute such Content on and through the Service, within your account.
You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights.

You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

Accounts

When you create an account with us, you must provide information that is accurate, complete, and current at all times.
Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on the Service.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

You agree not to disclose your password to any third party.
You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
You expressly agree that we cannot be held liable for any loss or damage arising out of any misrepresentations you make in this regard.

Restrictions

You agree not to, and you will not permit others to:

  • license, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Application.

  • copy or use the Application for any purpose other than as permitted under the above section ‘License’.

  • modify, make derivative works of, disassemble, decrypt, reverse compile or reverse engineer any part of the Application.

  • remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of Ibex or its affiliates, partners, suppliers or the licensors of the Application.

Intellectual Property

The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Ibex and its licensors.
The Service is protected by copyright, trademark, and other laws of both the United Kingdom and foreign countries.
Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Ibex.

When you upload content, you give to Ibex a worldwide, non-exclusive, royalty-free, transferable licence (with right to sub-licence) to use, distribute and display that Content in connection with the provision of the Service and otherwise in connection with the provision of the Service and Ibex business.

Links To Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by Ibex.

Ibex has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services.
You further acknowledge and agree that Ibex shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Your Suggestions

Any feedback, comments, ideas, improvements or suggestions (collectively, “Suggestions”) provided by you to Ibex with respect to the Application shall remain the sole and exclusive property of Ibex.

Ibex shall be free to use, copy, modify, publish, or redistribute the Suggestions for any purpose and in any way without any credit or any compensation to you.

Modifications to Application

Ibex reserves the right to modify, suspend or discontinue, temporarily or permanently, the Application or any service to which it connects, with or without notice and without liability to you.

Updates to Application

Ibex may from time to time provide enhancements or improvements to the features/functionality of the Application, which may include patches, bug fixes, updates, upgrades and other modifications (“Updates”).

Updates may modify or delete certain features and/or functionalities of the Application.
You agree that Ibex has no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of the Application to you.

You further agree that all Updates will be (i) deemed to constitute an integral part of the Application, and (ii) subject to the terms and conditions of this Agreement.

Third-Party Services

The Application may display, include or make available third-party content (including data, information, applications and other products services) or provide links to third-party websites or services (“Third-Party Services”).

You acknowledge and agree that Ibex shall not be responsible for any Third-Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof.
Ibex does not assume and shall not have any liability or responsibility to you or any other person or entity for any Third-Party Services.

Third-Party Services and links thereto are provided solely as a convenience to you and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.

Termination

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Service will immediately cease.
If you wish to terminate your account, you may simply discontinue using the Service.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Indemnification

You agree to defend, indemnify and hold harmless Ibex and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.

Limitation Of Liability

In no event shall Ibex, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer

Your use of the Service is at your sole risk.
The Service is provided on an “AS IS” and “AS AVAILABLE” basis.
The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Ibex its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

Exclusions

Without limiting the generality of the foregoing and notwithstanding any other provision of these terms, under no circumstances will Ibex ever be liable to you or any other person for any indirect, incidental, consequential, special, punitive or exemplary loss or damage arising from, connected with, or relating to your use of the Service, these Terms, the subject matter of these Terms, the termination of these Terms or otherwise, including but not limited to personal injury, loss of data, business, markets, savings, income, profits, use, production, reputation or goodwill, anticipated or otherwise, or economic loss, under any theory of liability (whether in contract, tort, strict liability or any other theory or law or equity), regardless of any negligence or other fault or wrongdoing (including without limitation gross negligence and fundamental breach) by Ibex or any person for whom Ibex is responsible, and even if Ibex has been advised of the possibility of such loss or damage being incurred.

Governing Law

These Terms shall be governed and construed in accordance with the laws of England and Wales, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time.
If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect.
What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms.
If you do not agree to the new terms, you must stop using the service.

Privacy Policy and Cookie Policy

Please refer to our Privacy Policy and Cookies Policy.
You agree that they constitute part of these terms.
You must read our Privacy Policy and Cookies Policy before you use the Service.

Entire Agreement

The Agreement constitutes the entire agreement between you and Ibex regarding your use of the Application and supersedes all prior and contemporaneous written or oral agreements between you and Ibex.

You may be subject to additional terms and conditions that apply when you use or purchase other Ibex’s services, which Ibex will provide to you at the time of such use or purchase.

Contact Us

If you have any questions about these Terms, please contact by sending an email to support@ibex.software