Terms of Use

Updated: 18 December 2012

  1. Scope of application

    The following General Terms and Conditions shall govern business transactions between Omniscale GmbH & Co.KG, the operator of castamap (hereinafter referred to as 'castamap'), and its users and customers (hereinafter referred to as 'the Customer'). castamap services can be accessed via various domains, such as castamap.com.

    The General Terms and Conditions shall apply for the entire duration of the trading relationship between castamap and its customers. castamap is entitled to amend or supplement these General Terms and Conditions at any time. The Customer shall be informed by e-mail of any amendments or supplements. If the amendments made are to the detriment of the Customer, then he/she has the right to terminate the contractual relationship within 30 days of receiving notification of the amended terms. If no notice of termination is received, then the amendments and supplements shall be deemed effective.

    castamap shall render its services on the basis of its General Terms and Conditions. The Customer's General Terms and Conditions shall not apply, irrespective of whether or not they have been expressly rejected by castamap. By accepting castamap's General Terms and Conditions, the Customer shall relinquish its own General Terms and Conditions.

  2. Specification of services

    castamap is a web portal designed for the creation of digital maps, such as location maps, general maps and site plans. castamap enables its customers to create maps and to design them individually. Map creations can be viewed and saved in various digital data formats. The basic castamap services are free-of-charge. However, certain products require a one-off payment. Chargeable services are managed through a shopping basket system and must be explicitly confirmed by the Customer.

  3. Conclusion of the contract

    The contract between castamap and the Customer shall be concluded upon customer registration with castamap. There is no right of registration. For the entire duration of the contractual relationship, the Customer must agree to castamap's current Data Protection Statement.

    The Customer can withdraw from the contract at any time by deleting the user account or submitting a written termination notice. castamap is entitled to withdraw from the existing contract at any time. castamap shall provide e-mail notification of its termination.

  4. Product quality

    castamap has no control over the data sources used in map creation. The Customer must accept that the data is neither complete nor free from mistakes. castamap shall not assume any responsibility for the timeliness, completeness, accuracy or reliability of data. The Customer has the option of previewing map products prior to purchase. The Customer must recognise that the prevailing status of preview maps (timeliness, completeness, accuracy and reliability) provides the basis for chargeable map products. Subsequent amendments are excluded.

  5. Availability

    castamap's aim is to supply maps for permanent downloading. However, castamap shall reserve the right to partially or completely cease downloading services (if, for example, certain map products are no longer available). Due to database updates and adaptations in map creation, it may happen that, at a later date, downloaded maps differ from those originally created. Therefore, the Customer is obligated to promptly save any map creations on a regular basis.

    The Customer shall bear the full risk of the loss of downloaded maps. castamap is entitled to discontinue its services, either temporarily or permanently, without prior notice. This may be necessary for technical, legal or economic reasons. castamap is not liable for any claims for damages, particularly damages incurred by the Customer through temporary or lasting non-provision of services.

  6. Copyrights

    The content published on castamap's web pages is subject to German Copyright and Ancillary Copyright Law. Any use of this material that is not permitted under German Copyright and Ancillary Copyright Law shall require written consent from the operator or respective copyright holder. Unauthorised reproduction of contents, including extracts, is forbidden and subject to legal consequences.

    By downloading the map, the customer gets the non-exclusive, temporally and spatially unlimited right of use. Also editing the map is allowed.

    castamap uses the map data from the OpenStreetMap project. OpenStreetMap is open data, licensed under the Open Data Commons Open Database License (ODbL).

  7. Limitation of liability

    castamap shall accept no guarantee or liability for direct or indirect damages arising from the use of maps. Liability for intent, gross negligence and product liability are in accordance with statutory regulations.

  8. Prices and payment

    castamap offers several chargeable services and products. The following conditions shall apply for these:

    Prices are stated under the respective product description.

    All prices include any VAT payable. Payment must be made in euros only.

    When paying for maps, the Customer is presented with various payment methods. Certain payment methods may not be accepted. A list of possible payment methods can be found in the FAQs.

    castamap may use the services of third parties (e.g. PayPal) for payments. In order to use these payment options, registration and acceptance of the respective terms and conditions, terms of use and data privacy policies may be required.

  9. Gift certificates

    Only one gift certificate may be redeemed by the Customer per transaction. Gift certificates cannot be used in conjunction with other special offers or promotions. Gift certificate codes are only valid for the stated period and expire after 1 year. Gift certificates cannot be redeemed for cash.

  10. Right of withdrawal

    castamap exclusively offers products, which are unsuitable for return due to their composition. As such, a right of withdrawal shall not exist for distance selling contracts.

  11. Other

    The place of fulfillment for all services is castamap's registered office. The place of jurisdiction is castamap's registered office. German law shall apply. The UN Convention on Contracts for the International Sale of Goods is excluded.