Land Registry Property Title Services for Hong Kong

 

In consideration of services provided to you by AULRS as described on this web site you agree to make the appropriate payment and to be bound by these Terms and Conditions of Use and also to be bound, in so far as they apply, by:

• (Hong Kong) Iris Online Services Terms & Conditions

The information and documents we provide for you are electronic copies of authentic documents held by the Land Registry of Hong Kong and/or its agents, and other official bodies. We do not take responsibility for errors made by the them. The information we provide is as provided by them. Neither we nor any third party shall be liable to you or to any third party for any loss or damage, direct, indirect, implied or consequential arising from any inaccuracy or incompleteness, or in delays in the delivery of the said information supplied via this web site. Neither shall we be responsible for loss of business, profits or damages arising therefrom, either in tort, contract, misrepresentation or similar.

Electronic information processed over the internet or by email may be subject to delays or losses beyond our control. Neither we nor our information provider shall be liable for any losses arising therefrom.

We agree to take payment from you by credit card. In consideration of this you agree not to cancel credit card payments made by you. Cancellation of credit card orders following a purchase on your behalf may result in both civil and criminal proceedings against you.

You will be notified by email as soon as soon as your documents are ready (usually the same day of receipt of instructions if ordered during office hours). They will be uploaded to your MyAccount page on our website, and you will be able to access them straight away by logging in.

When buying goods and services on the internet you are entering into a binding contract. The law which applies to this contract is UK law.

 

 

As our service is one which is to be provided within a period of less than 7 working days your right to a "cooling-off" period under the Distance Selling Regulations does not apply. You may, however, still cancel, provided that you do so before we begin to process your order. As a general rule, during office hours, we begin to process your order within minutes of receiving it so you must send an email to us straight away to cancellations@landsearch.net quoting your User ID. Cancellation can only be accepted if we have not already begun to process your order. Emails sent to other email addresses are not likely to be seen in time to cancel before processing your order. During regular office hours (8:30 am to 5:30 pm (CST) during week days) cancellation would normally have to be made within the first 5 minutes of submitting your order. During out of office hours cancellation can normally be made at any time prior to the beginning of the next office hour.

 

 

Neither we nor any of our associated companies sell, rent or trade to third parties any of the information obtained from our customers and we do not use any such information to send spam-mail. You may unsubscribe from our newsletter at any time. We respect your privacy.

Parts of our web site may provide links to other web sites, which are provided for your convenience and information. Following these links will take you away from this web site. We have no control over the way in which other web sites use information that you pass on to them and cannot be held accountable for such.

 

 

In carrying out our searches we incur disbursements and therefore refunds have been restricted to the following circumstances:

Where Registered Old Deed Searches are made but Old Deeds are not available, if another search cannot be substituted for it, e.g. a Title Register search, then the fee for the Registered Old Deed search will be refunded in full.

Discretionary refunds may be given but only rarely. Any such will be at the sole discretion of AULRS and will generally only be given in exceptional circumstances.

 

You acknowledge that you do not acquire any property rights in database information provided to you either through ourselves or any one else from whom we have obtained the information.

HKLRS and its logo are the trademarks of HKLRS and remain the property of HKLRS. Through your use of our website you may also access registered trademarks of database providers other than ourselves. Unless otherwise provided for under these terms and conditions, you are not provided any authorisation to reproduce or utilise HKLRS or other database provider trademarks or logos for any activity other than those prescribed under these terms and conditions. All trademarks remain the property of their registered owner.

 

 

None of these terms and conditions will be taken to be waived except by written notice signed by you and by HKLRS

The postal address for HKLRS is: P O Box 15, Hoylake, Wirral. CH48 1QQ

 

(for User of Self-Service Terminal and Ad Hoc User of IRIS Online Services)

Clause No.	Heading
1 to 3	Definitions and Effect of Terms and Conditions
4 to 5	Services to be Provided by IRIS Online Services
6 to 7	Fees Chargeable
8 to 11	Mode of Payment
12	Non-refund Policy
13	Limitation on Total Value or Quantity of Orders
14 to 17	Security Measures for Online or Electronic Payment
18	Suspension or Rejection of Order
19 to 21	Restriction on Use of Product and Service Provided
22 to 24	Exemption Clauses
25 to 27	Personal Data Policy
28 to 30	Time & Place of Contract
31 to 32	Applicable Language
33	Applicable Law and Jurisdiction of Court

Annex Notes About Personal Data

Definitions and Effect of Terms and Conditions

1. In this Terms and Conditions -

"T&C" means the Terms and Conditions (which includes the Notes About Personal Data") set out in this web page.

"IRIS" means the Integrated Registration Information System of the Land Registry.

"IRIS Online Services" means the online services provided by the Land Registry to Ad Hoc Users and Users of Self-Service Terminals as mentioned in Clause 4 of the T&C;

"Ad Hoc User" means a user who gains access to IRIS Online Services through the Internet otherwise than as a subscriber holding an IRIS Online Services Subscriber Account with the Land Registry;

"User of Self-Service Terminal" means a user who obtains specific types of online services through self-service terminals provided by the Land Registry.

"user" may refer to Ad Hoc User or User of Self-Service Terminal or both as the context may require or permit.

2. Acceptance of your order under the IRIS Online Services is subject to your agreement to the T&C set out in this web page. You shall read the T&C and indicate your acceptance or not by clicking the 'Agree' or 'Do Not Agree' button printed at the end of this web page. If you click 'Do Not Agree', it will bring you back to the Order List-Confirmation screen for your further consideration.

3. The heading of each clause in the T&C is added merely for the sake of reference. It does not affect the interpretation or construction of that clause.

Services to be Provided by IRIS Online Services

4. Subject to payment and compliance with all provisions in this T&C and any other directions displayed on the screen layout, the following IRIS Online Services will be available to you, namely,

4.1 If you are an Ad Hoc User,

4.1.1 to view on browser selected computerised land registers, certain classes of imaged instruments and plans, and unposted memorial information kept and maintained by the Land Registry;

4.1.2 to download or to order delivery by various means (including by fax, by post, by e-mail and counter collection) of the selected computerized land registers, the imaged instruments and plans, and the unposted memorial information; and

4.1.3 to have other types of services from time to time announced by the Land Registry.
4.2 If you are a User of Self-Service Terminal,

4.2.1 through the self-service terminals provided by the Land Registry, to order delivery of the selected computerized land registers, certain classes of imaged instruments and plans, and the unposted memorial information; and

4.2.2 through the self-service terminals, to have other types of services from time to time announced by the Land Registry.

If a user needs to gain access to the IRIS Online Services through an Internet service provider, the user shall at his own cost make his own arrangements with the Internet or other telecommunication service provider for the connection and disconnection of such access to the IRIS Online Services.

5. Different classes of products and services may be restricted to different classes of users at the absolute discretion of the Land Registry. Subject to any change without prior notice, the respective operation and service hours of the IRIS Online Services and the Self-Service Terminals are as follows :-

For Users of Self-Service Terminals :

Monday to Friday:	From 09:00 hour to 17:00 hour (no lunch break)
Saturday, Sunday & public holidays:	No service

For IRIS Online Services the Land Registry may from time to time prescribe different closing hours for different type of services to be a time earlier than the close of operation of the service station in each day.

Fees Chargeable

6. Fees and charges payable on various types of products and services provided by the IRIS Online Services shall be at such rates from time to time published by the Land Registry at the websites at http://www.landreg.gov.hk and at http://www.iris.gov.hk. All fees and charges are subject to change without prior notice.

7. Fees and charges shall be fully paid by you or charged to your credit/debit card or other card account for online or electronic payment before your order is executed.

Mode of Payment

8. All fees or charges chargeable to any product or service of the IRIS Online Services are in Hong Kong currency unless otherwise stated or shown. All transactions relating to the IRIS Online Services shall be made in Hong Kong currency.

9. You may select one of the permitted modes of online or electronic payment displayed on the relevant screen layout. You shall ensure appropriate arrangements with the relevant financial institution as to confirmation, approval or authorisation necessary for payment of your order.

10. The Land Registry shall not accept any liability or responsibility for any delay or failure in confirmation, approval or authorisation of online or electronic payment due to any break down, non-function, mal-function or any other fault of the hardware or software of the system, network, equipment or device involved in connection with the processing or effecting of the online or electronic payment.

11. The Land Registry reserves a right of recourse against you for any fee or charge of an executed order which has not been effectively paid or credited to the Land Registry by the relevant financial institution of your card or card account.

Non-refund Policy

12. The Land Registry adopts a general policy that all fees and charges paid by a user or charged to a user for any product or service provided under IRIS Online Services are non-refundable. Remedy is restricted to a replacement of the product or service only.

Limitation on Total Value or Quantity of Orders

13. The Land Registry may from time to time without prior notice impose a limit on the total value or the total quantity of each order or orders from a user at any one time or at any interval of time. Such limitation may be built in the IRIS without being shown on any screen layout. All orders placed by you shall be subject to such limitation.

Security Measures for Online or Electronic Payment

14. IRIS website supports the use of 128-bit Secure Socket Layer (SSL) encryption technology which is an industry standard for data encryption over Internet.

15. Each financial institution has prescribed its own security measure as regard the use of credit/debit card or any other card for online or electronic payment to the Land Registry through the Internet and the IRIS. The user should satisfy himself with the security measure adopted by the relevant financial institution of his card or card account before he employs a particular mode of online or electronic payment.

16. If any particular protocol of a security measure or its abbreviation (e.g. SSL = Secure Socket Layer) is named on the screen layout in relation to any particular mode of online or electronic payment, it is only based on the information provided by the relevant financial institution. The Land Registry shall not accept any liability or responsibility to the user for any loss or damages , whatsoever and howsoever, suffered by a user choosing that particular mode of payment.

17. To the extent permitted by the law, the Land Registry shall not be liable or responsible for any fraud or unlawful activities practiced by a third party or any loss and damages inflicted to the user by any third party on your card or card account arising out of or in connection with your use of the IRIS Online Services.

Suspension or Rejection of Order

18. The Land Registry may without any prior notice reject, suspend or cancel any request for order or the execution of any order whenever the IRIS detects any sign, message or signal indicating that the hardware or software of the IRIS and its connected system, network, equipment or device might be exposing to any risk of being adversely affected, disturbed or damaged, whether it is physically or functionally, directly or indirectly, or temporarily or permanently.

Restriction on Use of Product and Service Provided

19. Unless express permission or licence is given in writing by the Land Registry, the Land Registry always retains its proprietory interest and copyright in the software, data and documentation of any product or service provided by the IRIS Online Services. All products and services obtained by you from the IRIS Online Services shall not be stored or used for any purposes other than your own use. You shall not lend, lease, license or re-sell any product or service obtained from the IRIS Online Services, nor shall you copy or transmit any such product or service for the use by any other person if such use is not forming part of your own use.

20. You shall not use the IRIS Online Services or any product or service obtained thereunder for any activity which is unlawful or illegal, or which is objectionable as determined by the Land Registry absolutely. In particular, they shall not be used for any activity or purpose in violation of any provisions of the Personal Data (Privacy) Ordinance (Cap.486) ["PDPO"] or the Copyright Ordinance (Cap.528).

21. If you are a user outside HonKong, you shall ensure that the product or service ordered by you from the IRIS Online Services may be lawfully transmitted or delivered to the destination named by you, and that all necessary import/export declaration or tax procedure has already been cleared by you for yourself as well as for the sender of the product or the supplier of the service. You shall keep the Land Registry fully indemnified and no harm against all adverse consequences and all loss and damages arising out of your breach of this condition.

Exemption Clauses

22. To the extent permitted by law, the Land Registry shall not be responsible to the user or any third party for any loss or damages, whatsoever and howsoever, arising out of or in connection with your access to the IRIS Online Services. Without limiting the generality of the foregoing statement, the Land Registry shall not be responsible for any loss or damages arising out of or in connection with the followings :-

22.1 any breakdown, suspension, non-function, mal-function, or any other fault or interruption of operation of the IRIS and its connected system, network , equipment or device;

22.2 any error, omission, inaccuracy or deficiency of data arising out of or in connection with the processing or transmission of data via the IRIS or its connected system, network, equipment or device;

22.3 any suspension or delay in execution of any order or provision of any service under the IRIS Online Services; and

22.4 any damage caused to the hardware or software of your network, computer, modem, telephone system, equipment or device as a result of your access to the IRIS Online Services.

23. The IRIS is an electronic information system with connection to various networks provided by third parties. The Land Registry shall be under no obligation to assist any user to trace or locate the source of any of his complaint or alleged problem relating to the design or operation of the hardware or software of the IRIS and its connection system, network, equipment and device, nor shall the user be entitled to check or inspect any of them for such or other purposes (including any litigation purposes connecting with it).

24. The Land Registry gives no warranty that any product or service ordered by you shall be delivered in time or on time for any specific purpose or purposes of your need.

Personal Data Policy

25. The phrase 'personal data' used in this T&C shall have the same meaning as from time to time defined in the PDPO. The Land Registry shall be bound by the personal data policy and arrangements as stated in the 'Notes About Personal Data' below only if the data subject is a living person or such other person or legal entity to which the PDPO applies.

26. You consent to that all data (including any up-dated version of the data) collected by the Land Registry relating to your use of the IRIS Online Services may be released to comply with any warrant or order of a court or tribunal of any local or foreign jurisdiction, and may be disclosed to comply with a request by any government bureau, department or agency of Hong Kong Special Administrative Region ["HKSAR"] or any public authority of HKSAR as stated in the Notes About Personal Data. You also consent to the Land Registry using the data so collected to produce any statistics relating to the Land Registry's services.

27. All user login numbers and all card numbers used for online or electronic payment will not be stored at the IRIS except transitionally for processing and effecting the online or electronic payment.

Time & Place of Contract

28. For users who pay by means of cash, electronic cash or debit card with instantaneous payment to the Land Registry, the order shall be deemed to have been concluded at the moment the payment is accepted by the Land Registry.

29. For users who pay by means of credit card or similar device, the order shall be deemed to have been concluded at the moment the relevant financial institution has effectively conveyed to the Land Registry its confirmation, approval or authorisation of the payment of the particular order or transaction.

30. In all cases the agreement between the user and the Land Registry shall be, or be deemed to be, a contract made in Hong Kong.

Applicable Language

31. All negotiation or processing of orders or transactions under the IRIS Online Services will be conducted in a medium of English or Chinese or both, and all data, characters, symbols or signals of any foreign languages entered or transmitted into the IRIS relating to the IRIS Online Services may be read and interpreted on that basis.

32. Unless the context otherwise requires, words and expressions importing musculine gender shall be interpreted as including neuter or feminine gender and vice versa; and words and expressions in the singular shall include the plural and vice versa.

Applicable Law & Jurisdiction of Court

33. This T&C shall be governed by and construed according to the laws of HKSAR. Any disputes between the parties arising out of this T&C shall be submitted to the adjudication by a court or tribunal of competent jurisdiction of HKSAR.

ANNEX

NOTES ABOUT YOUR PERSONAL DATA

1. Without prejudice to Paragraph 2, t he personal data given by a user in connection with the use of IRIS Online Services are collected by the Land Registry for the following purposes :-

1.1 to carry out activities relating to the user's order and the supply of product or service pursuant to the order ;

1.2 to facilitate communication b etween the Land Registry and the user; and

1.3 to produce statistics relating to the Land Registry's services.

2 . The personal data (including any up-dated version of the data) collected by the Land Registry may be released to comply with any warrant or order of a court or tribunal of any local or foreign jurisdiction, and ma y be disclosed to comply with a request of any government bureau, department and agency of HKSAR or any public authority of HK SAR for the purposes mentioned in Paragraph 1 above or any other purposes not prohibited by the PDPO.

3. The user has a right of access and correction with respect to his personal data according to Section s 18 and 22 and Principle 6 of Schedule 1 of the PDPO. Such right of access includes the right to obtain copy of any retrievable personal data which have been collected and stored by the Land Registry pursuant to this T&C. In accordance with the provisions of the PDPO, the Land Registry has the right to charge a reasonable fee for the processing of any data access request.

4. The phrase 'personal data' used in this T&C and this Notes shall have the same meaning as from time to time defined in the PDPO. The Land Registry shall be bound by the personal data policy and arrangements as stated in this Notes only if the data subject is a living person or such other person or legal entity to which the PDPO applies.

5. Any enquiry concerning the personal data collected by the Land Registry including any request for access or correction shall be addressed to the P ersonal Data (Privacy) Officer of The Land Registry, 28th Floor, Queensway Government Offices, 66 Queensway, Hong Kong.