The following definitions apply in these terms and conditions:
- “the Authority” - means the Coal Authority.
- “Content” – means all third party materials supplied to the Authority for the purpose of creating surrogate images and the surrogate images so created.
- “client” - means a person or persons accessing the Coal Authority Scanning Services made available by the Authority whether in person or remotely.
- “surrogate image” - means a digital facsimile of an original document.
These Terms and Conditions apply to the provision and use of all surrogate images made available by the Authority whether the surrogate image relates to Authority property or the clients own property or those of a third party. By placing an order for copies you agree to be bound by the Terms and Conditions set out below. If you do not agree to be bound by these Terms and Conditions you may not use these Services.
1. Indemnity
As a condition of use of the Service clients agree to indemnify the Authority and its employees in full from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the Terms and Conditions by the client or any other liabilities arising out of usage of the images generated by any other person.
2. Warranty, Accuracy and Completeness
All images are scanned full size (1 : 1) at 300 dpi and 24 bit full colour from the original document. Whilst every effort is made to ensure the accuracy of the scanned images the Authority cannot guarantee the accuracy of the original material, reproduction or scale.
Original records in the custody of the Authority are derived from a number of sources and are of various ages, scales and condition which can affect the quality and reliability of the scanned images produced. Clients should also be aware that in any particular area there may be information on the historical coal (and other) mining which cannot be made available by the Authority as it is held by others. The Authority is unable to give any warranty and make no representation that the information in its custody is complete, accurate, exhaustive or reliable.
Similarly surrogate images derived from the clients own property or those of third parties whom they represent may be derived from a number of sources and may be of various ages, scales and condition which will affect the quality and reliability of the scanned images produced.
The Authority gives no warranty as to the quality or accuracy of the scanned images, including the medium in which provided, or their suitability for any use. All implied conditions relating to the quality or suitability of the information, and all liabilities arising from the supply of the information (including any liability arising in negligence) are excluded to the extent permitted by law.
3. Copyright
In respect of Coal Authority records and materials:
All rights reserved. No part of any image supplied may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of the Authority.
You are not permitted to amend, modify or adapt any surrogate image or to combine it with other data or to use the surrogate image to create further data sets or to create products or processes that incorporate the surrogate images. You are not permitted to use or exploit the surrogate images in any way for commercial purposes or for financial gain other than expressly provided in these Terms and Conditions. Any proposed use or exploitation for commercial purposes or for financial gain must be the subject of separate licence agreements with the Authority.
In respect of all other records and materials:
In order for us to continually improve our service, we need the rights to make use of all Content held on our servers (in accordance with and subject to these Terms and Conditions). Accordingly, as a condition of using this service, you hereby grant the Coal Authority a perpetual, universal, nonexclusive right to copy, display, modify, transmit, make derivative works of and distribute any Content transmitted or provided to the Service by you, solely for the purpose of providing the Service. You remain the owner of all Content that you submit to the Service and as a condition of using our service, you represent and warrant to the Coal Authority that you are the owner of the copyright to Content you submit to the Service or that you have written permission from the copyright owner to submit such Content.
You understand that the Coal Authority is unable to provide you with permission to copy, display or distribute material for which you do not own the copyright, and we do not provide others with such rights to your Content (unless you give us permission to do so). You may not copy or distribute such material without the written consent of the copyright owner, and you are solely responsible for any copyright violations that you may incur as a result of your using our Service. The Coal Authority reserves the right to exclude you from using our Service in the event that you violate the intellectual property rights of third parties.
4. Ordering Procedure
Users may order goods whilst visiting the Authority’s premises or by letter, E-Mail or facsimile.
The Authority will treat each on-site order for goods as an offer by the users to purchase the goods and services subject to these Terms and Conditions.
Regardless of the method of ordering, copies of scanned images will not be prepared and despatched until the Authority is in receipt of the full payment. Receipt of a users’ order and remittance by the Authority, will be treated as confirmation of their order to purchase the scanned images subject to these Terms and Conditions. Users are responsible for ensuring the accuracy of their order which will be supplied, subject to availability, with the quantity and specification set out in it.
5. Delivery Arrangements
The Authority aims to have all orders placed by users visiting its premises available for collection prior to departure provided full payment has been made.
All other orders, (including those from users visiting the Authority’s premises but which cannot exceptionally be collected on the day of the visit) shall be sent to the delivery address supplied by the user at the time of ordering. The Authority endeavours to despatch all orders within 5 working days from receipt of full payment however it shall not be liable for any delay in delivery of the goods howsoever caused or for any consequential loss as a result. Risk of damage to or loss of the goods shall pass to the users upon posting or delivery to a carrier.
Upon receipt clients are encouraged to check that they are able to open and work with all digital data supplied immediately. Because of data-storage capacity implications the Coal Authority cannot guarantee to retain copies of all clients’ data on an indefinite basis.
6. Payment
All prices include VAT at the current rate and are in accordance with the published scale of charges. The total cost of your order is the price of the images ordered plus media costs and delivery charges.
In the case of Coal Authority account customers our normal financial terms and conditions apply.
7. Cancellation of Orders and Refunds
The Authority will not accept cancellation of orders once compilation and reproduction has commenced given the specific nature of the images to be supplied. The Authority will refund that part of an order it has supplied incorrectly together with any carriage/ shipping costs provided the images are returned to the Authority in perfect condition, together with the original invoice, within 30 days of delivery. We recommend that you use recorded delivery to ensure that returned goods arrive promptly and undamaged.
8. Health and Safety
Users are reminded that whilst on Authority premises, they must comply with any Health and Safety and other notices displayed on site. In particular, users’ attention is drawn to the Health and Safety (Display Screen Equipment) Regulations 1992, a summary of which is available at each workstation.
9. Visiting Times
- t: 01623 638 233 (By prior appointment and excluding Public holidays)
- 9 am – 12 noon & 1.30 pm – 4.30 pm (Monday to Thursday)
- 9 am – 12 noon & 1.00 pm – 4.00 pm (Fridays)
10. Our Rights
The Authority will use its reasonable endeavours to publish notice of any significant withdrawal or interruption to these arrangements on its website www.coal.gov.uk. Whilst the Authority aims to give visitors advance notice it shall not be liable for any consequential losses as a result of alterations to these arrangements which can be made at its absolute discretion.
11. Enquiries/ Problems
If you have an enquiry, problem or complaint about this or any other Authority service, please contact a member of the Mining Records team in the first instance via the address or telephone number below. Your comments are always welcome.
- The Coal Authority
200 Lichfield Lane
Berry Hill
Mansfield
Nottinghamshire
NG18 4RG
- e: services@coal.gov.uk
- t: 01623 427162 (General Enquiries)