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Standard Terms & Conditions |
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In consideration of services provided to you
by UKLRS 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:
- (England & Wales) HM Land Registry’s
Portal Conditions of Use
- (Scotland) The Registrars of Scotland Terms
& Conditions
- (N Ireland) Landweb Direct Access Service
Terms & Conditions
- (Republic of Ireland) LandDirect Terms,
Conditions & Notices
- (Isle of Man) The General Registry Terms
& Conditions of Use
- Channel Islands) Public Registry Online
Terms & Conditions
The information and documents we provide for
you are electronic copies of authentic documents
held by the Land Registries of England and Wales,
Scotland, Northern Ireland, the Republic of
Ireland, The Isle of Man and the Channel Islands
and/or their 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.
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Distance Selling Regulations
and Cancellation |
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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 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. |
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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
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.
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In carrying out our searches
we incur disbursements and therefore refunds have
been restricted to the following circumstances: |
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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.
Where a a Folio Search is made in Northern
Ireland but the property is unregistered
a partial refund of £15 plus vat
will be given.
Discretionary refunds may be given but
only rarely. Any such will be at the sole
discretion of UKLRS and will generally
only be given in exceptional circumstances.
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Intellectual Property and Copyright |
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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.
UKLRS and its logo are the trademarks of UKLRS
and remain the property of UKLRS. 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 UKLRS
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.
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None of these terms and conditions will be
taken to be waived except by written notice
signed by you and by UKLRS.
UKLRS, P O Box 15, Hoylake, Wirral. CH48 1QQ
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(Reproduced from those published
by Land Registry Corporate Marketing Services
July 2009) |
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| 1 Definitions |
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1.1 The following terms shall
have the following meanings:
1.1.1 ‘Act’ –
the Land Registration Act 2002 as amended from
time to time.
1.1.2 ‘Authorised person’
– a person who has been authorised by You
to use the Services on Your behalf.
1.1.3 ‘Conditions of Use’
– are the terms and conditions set out here.
1.1.4 ‘Data’ –
the data and information used in connection with
the Services and held as part of the Database
(including data added to the Database by using
the Services).
1.1.5 ‘Database’
– the Registrar’s database on which
is stored the Data, together with other data which
You are not entitled to access.
1.1.6 ‘Equipment and or
Software’ – the equipment and or software
which You are required to have in order to access
the Services and which is capable of communicating
with the System.
1.1.7 ‘Fees and charges’
– means fees due under the current Fee Order
and charges (including Value Added Tax) due under
section 105 of the Act.
1.1.8 ‘Registrar’
– the Chief Land Registrar of Her Majesty’s
Land Registry or any other member of Land Registry
who is authorised for the purpose by him.
1.1.9 ‘Land Registry’
– is Her Majesty’s Land Registry.
1.1.10 ‘Network Access
Agreement’ – an agreement for the
purposes of paragraph 1(1) of Schedule 5 to the
Act.
1.1.11 ‘Rules’ –
any subordinate legislation made under the Act.
1.1.12 ‘Services’
–
1.1.12.1 those services available
to a person through his or her remote terminal
from the System in accordance with:
(a) the provisions of the Act
and Rules,
(b) any other services made available under section
105 of the Act,
(c) the Land Charges Act 1972 and the Land Charges
Rules 1974 and any provisions which may directly
or indirectly replace them, with or without amendment,
and 1.1.12.2 any other services which the Registrar
may from time to time provide to You from the
System under the Act, Rules or the Land Charges
Act 1972 and rules made under that Act, and
1.1.12.3 any services other
than those listed above which the Registrar may
from time to time provide to You from the System
including but not limited to Guide to services,
list of services and fees, list of completed services.
1.1.13 ‘System’
– the Registrar’s computer system
and website which is a gateway to the Services.
1.1.14 ‘UserID’–
a UserID, UserIDs, logon names, PIN, passwords
or other measures allocated to You from time to
time by the Registrar to enable access to and
use of the Services.
1.1.15 ‘You, Your’
– the company, firm, partnership, or private
citizen who uses the System to access the Services
and Data.
1.2 References to specific enactments
or rules include reference to those enactments
or rules as amended, re-enacted or replaced from
time to time. |
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| 2 Connection and use of Equipment
and Software to access the Data |
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2.1 You shall ensure that you
have the Equipment and or Software to obtain access
to the System so that You are able to use the
Services. For the avoidance of doubt, the Registrar
shall not have obligations or liability in respect
of any defect or failure of the Equipment and
or Software or access to the System.
2.2 Access to the System shall
be effected via the internet or such other electronic
means of access or communication as may be reasonably
required by the Registrar from time to time.
2.3 The Registrar may at any
time require You to disconnect the Equipment and
or Software or any part or parts thereof from
accessing the System if in the opinion of the
Registrar the Equipment and or Software is or
has been the cause or contributory factor or is
likely to be the cause of failures, interruptions,
errors or defects in the System or the Database.
2.4 You shall ensure that:
2.4.1 the Equipment and or Software
is used in such a manner as will not adversely
affect or corrupt the System software or any other
software which may be used by the Registrar or
used in the System or any information on the Database
and 2.4.2 the Equipment and or Software is not
used to access or retrieve any part of the Database
which is not part of the Data.
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| 3 Your Obligations |
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3.1 Where the Data are supplied
within the meaning of section 67 of, and Schedule
8 to, the Act any manipulation of the Data by
You or any Authorised person howsoever caused
may render the protection given by section 67
of, and Schedule 8 to, the Act inoperable.
3.2 You shall not:
3.2.1 use the System in any
way that causes the System or access to it to
be interrupted, damaged or impaired in any way
3.2.2 use or attempt to use any automated software
agents (including without limitation, any screen
scraper, spider or other web crawler) to access
the System or to search, copy, monitor, display
or obtain links to any part of the System
3.2.3 use the System to copy
the Data and information for display on any other
website
3.2.4 attempt to rectify or
permit any person (not authorised by the Registrar)
to rectify any fault or inaccuracy in the Data,
System or Database
3.2.5 otherwise tamper with
or attempt to make any deletions, additions, notifications,
adjustments or alterations to any of the Data,
System, Services or Database
3.2.6 allow any unauthorised person to have access
to the System and or use the Services via Your
Equipment and or Software
3.2.7 use the Data and information
to represent to the public that You have an arrangement
or official partnership with Land Registry in
relation to either the use of the Data and or
information or the supply of it
3.2.8 use the System for any
fraudulent or other unlawful activity, or
3.2.9 infringe the Crown’s
copyright or other intellectual property rights
or those of any other person in the Data, System
or Database.
3.3 You must obtain the Registrar’s
written consent before reproducing and or distributing
any reproduction of any Land Registry documentation
unless such reproduction and distribution is permitted
under these Conditions of Use.
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| 4 UserID and access to the System |
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4.1 You shall ensure that each
Authorised person:
4.1.1 has and uses their individual
UserID, and
4.1.2 has been properly trained
to use the Equipment and/or Software to obtain
the Services
4.2 You shall not allow:
4.2.1 simultaneous access to
the System using the same login,
4.2.2 the transfer or sharing
of a UserID, or
4.2.3 another person to access
the Services via a UserID of an Authorised person
who has left You.
4.3 You shall notify Land Registry
immediately:
4.3.1 if a UserID, and/or password—
4.3.1.1 becomes known to an
unauthorised person, or
4.3.1.2 is no longer to be used
by the person to whom it was allocated.
4.4 You shall monitor compliance
with these Conditions of Use by each Authorised
person and on becoming aware of any unauthorised
use of or access to the System or use of the Services
or other breach take reasonable steps to ensure
that such person ceases such activity and prevent
a recurrence of it.
4.5 If a UserID has not been
used to gain access to the System for a period
of one year, the Registrar may cancel that UserID
without giving prior notice to You.
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| 5 Fees and Charges |
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5.1 You shall pay all Fees
and charges when they are due by the methods authorised
by Land Registry for the Services used by You
and each Authorised person or by any other person
via Your Equipment and or Software.
5.2 You agree that Regulation
9 and 11 (certain information to be supplied by
the service provider where an order is placed
for electronic services) of the Electronic Commerce
(EC Directive) Regulations 2002 as amended from
time to time will not apply.
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| 6 Remedies |
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6.1 If You or any authorised
person do not comply with these Conditions of
Use or any of them, the Registrar may, at any
time take such action as is necessary including
suspending and or cancelling one or more including
all the UserIDs. The Registrar reserves the right
to cancel your UserID at any time if he has reason
to suspect use of the system for fraudulent or
other unlawful activity.
6.2 The Registrar and Land Registry
may monitor Your use of the Services to verify
that You are not accessing and using the Data
and information for the purposes described and
prohibited by clause 3.
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| 7 Exclusion and limitation of
liability |
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7.1 Neither the Registrar nor
any third party shall be liable for any loss or
damage, direct, indirect or consequential, arising
from any interruption temporary or otherwise in
the availability of the System or accessibility
of the Services or Data.
7.2 This condition shall not
affect Your entitlement to indemnity under the
provisions of section 103 of, and Schedule 8 to,
the Act. |
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| 8 Use of information |
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The Registrar may collect information
about You and each Authorised person:
8.1 to allow him to check Your
financial standing
8.2 to enable him to ensure
that You are using the System in an appropriate
manner
8.3 to be used for reporting
and statistical purposes, and
8.4 for any other appropriate
purpose or use including sharing information with
other government departments and agencies or enforcement
agencies.
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| 9 General |
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9.1.1 The Services referred
to in clause 1.1.12.1 (a) may only be available
through the System during the currency of a notice
given by the Registrar under the relevant Rules
and are subject to the provisions of the relevant
notice, Rules and any direction given under section
100(4) of the Act.
9.1.2 The other Services referred
to in clause 1.1.12 will be available through
the System on such additional terms as may be
provided from time to time by the Registrar.
9.2 The Registrar reserves the
right to change any or all of the Conditions of
Use or the specification for the Equipment and/or
Software on reasonable notice.
9.3 For the avoidance of doubt,
these Conditions of Use do not apply to a Network
Access Agreement.
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| 1 Definitions |
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"APPLICATION FORM"?means
the Service application form provided by the Keeper.
"CREDIT LIMIT"?means
the maximum debit balance permitted in respect
of search fees, as determined and notified to
the Customer by the Keeper from time to time.
"CUSTOMER"?means any
person who uses or wishes to use the Service and/or
that person's employees or agents.
"DATA WAREHOUSE"?means
the store of information, derived from certain
Registers under the control of the Keeper and
held by the Keeper in computerised form.
"EQUIPMENT"?means
any items of hardware or software and any communications
links that the Customer uses or proposes to use
in connection with the Service.
"EFTPOS"?means Electronic
Fund Transfer at Point of Sale.
"HELP DESK"?means
the facility which allows the Keeper to provide
advice, assistance and support to the Customer.
"THE KEEPER"?means
the Keeper of the Registers of Scotland.
"LOG-IN SCRIPT"?means
the unique identification and the password that
enables the Customer to gain access to the Data
Warehouse.
"SEARCH" means a single
search of the Data Warehouse against a personal
name, placename, address, minute number, search
sheet number, title sheet number or other identifier,
or against a combination of a personal name and
a placename and/or address, though in relation
to that part of the Data Warehouse corresponding
to the Register of Inhibitions and Adjudications,
"search" includes a single search against
one to six persons by name.
"SERVICE" means "REGISTERS
DIRECT", the service provided by the Keeper
to the Customer to allow the Customer remote access
tot he Data Warehouse.
"SERVICE AVAILABILITY TIMES"
means the hours of 8.00 a.m. to 8.00 p.m. (in
conformity with the time of day in force in Scotland)
from Monday to Friday (excluding the Scottish
public holidays at Christmas and New Year).
"VAT" means Value
Added Tax at the current rate in force from time
to time.
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| 2. Formation of contract, law
and jurisdiction |
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2.1 To apply to use the Service,
the Customer must accept these Conditions of Use
and present a completed and signed Application
Form to the Keeper. The Keeper may reject the
Application Form and the application without explanation.
2.2 The acceptance of the Application
Form by the Keeper creates a contract made in
Scotland between the Keeper and the Customer according
to Scots Law, on the basis of these Conditions
of Use, and subject to the exclusive jurisdiction
of the Scottish Courts. The contract is binding
on the Keeper and his successors and assignees
and the Customer.
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| 3. Log-in script and commencement
of access |
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3.1 If the Keeper formally
accepts the application, he will assign the customers
a log-in script. When first using the Service
the Customer will be required to change the password
which comprises the second element of the log-in
script and thereafter will change the password
no fewer than four times a year. The Customer
must keep the log-in script safe and secure and
may not disclose it to any person other than the
keeper.
3.2 The Keeper will allow the
Customer non-exclusive access to the Data Warehouse
with effect from the date of issue of the unique
identification.
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| 4. Access |
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4.1 The Keeper does not warrant
that the Customer can gain access to the Data
Warehouse on all equipment. The Keeper may recommend
to the Customer certain types of equipment on
which access to the Data Warehouse is normally
possible, but has no liability for any damage
or loss caused in any way by equipment which has
been recommended.
4.2 The Customer shall be solely
responsible for the costs of hire or purchase,
maintenance, repair and renewal of all equipment
which the Customer installs and uses, the costs
of connection to the Data Warehouse and any other
costs incurred by the Customer in accessing the
Data Warehouse.
4.3 The systems used by the
Keeper to maintain the Service will record the
Customer's usage of the Service.
4.4 When notified by the Customer
via the Help Desk of apparent technical defects
in the provision of the Service, the Keeper will
investigate such defects and use reasonable endeavours
to remedy them quickly.
4.5 Notwithstanding the terms
of clause 4.4, the Keeper shall have no liability
in respect of any actions, claims, costs, demands,
expenses, losses or liabilities made against or
incurred by the Customer arising out of or in
connection with any defect in, or breakdown, failure
or non-performance of any equipment.
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| 5. Service obligation |
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5.1 The Keeper will use reasonable
endeavours to provide a prompt and continuing
Service and the operation of the Help Desk during
Service Availability Times but will not be liable
for any loss resulting from delays, non-deliveries,
missed deliveries, or interruptions caused by
events beyond the control of the Keeper, or by
errors or omissions of the Customer.
5.2 These conditions of Use
contain express warranties, undertakings and obligations
of the Keeper. Excepting those created by statute
or common law, all other conditions, warranties,
terms, undertakings and obligations of the Keeper
and all duties of care, contractual or otherwise,
and all liabilities (if any) of the Keeper arising
therefrom are hereby wholly excluded.
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| 6. Suspension of service |
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6.1 Without prejudice to the
rights under clause 10, the Keeper may suspend
the Service immediately on breach of any of these
Conditions of Use by the Customer, including without
limitation late or non-payment of sums due.
6.2 The Keeper may suspend the
whole or part of the Service temporarily for routine
repair or maintenance work. The Keeper shall give
as much notice of any such suspension as is reasonable
in the circumstances.
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| 7. Fees and credit limits |
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7.1 The Customer shall be bound
to pay the Keeper a fee (exclusive of VAT) for
every search which the Customer conducts. The
fees shall be the fees stipulated in The Fees
in the Registers of Scotland Amendment Order 2009
(or any Order which supersedes it or subsequent
Order).
7.2 Payment of fees by the Customer
will be made by the Payment Method stipulated
by the Customer on the Application Form or such
other Payment Method as the Keeper and the Customer
may agree. The Payment Method may be payment by
Cash, Cheque, Credit Card, Direct Debit, EFTPOS
or such other method as the Keeper may determine
is acceptable. If the Payment Method is payment
by Direct Debit, a mandate must be established
with the Customer's Bank. The Keeper may immediately
suspend or terminate the Service to the Customer
if such Direct Debit is cancelled for any reason.
7.3 The Keeper will regularly
send to the Customers an invoice Statement detailing
the Customer's searches and the fees for them.
The period of the Invoice Statement is at the
discretion of the Keeper but will normally be
fourteen days, but notwithstanding the effect
of Clause 7.2 the Customer must agree to pay by
Direct Debit if the requested period is of thirty
days or more. In any event the Keeper need not
comply with any such request.
7.4 If the Keeper is unable
to produce an Invoice Statement timeously by reason
of any of the causes mentioned in Clause 9.3,
the Customers liability for fees and interest
shall continue.
7.5 If the Payment Method is
payment by Direct Debit, the Keeper will require
payment of the fees, and of VAT thereon, approximately
fourteen calendar days after the date of the Invoice
Statement. In any other case, the Customer will
be liable for payment of the fees, and for VAT
thereon, not later than fourteen calendar days
from the date of the Invoice Statement. In the
event of payment to the Keeper not being made
timeously, the Customer shall be bound to pay
the Keeper compounded interest on the total at
the rate of four per centum per annum above the
base rate of the Royal Bank of Scotland plc and
the Keeper shall be entitled to suspend the Customer's
access to the Service until the full amount outstanding
inclusive of interest is paid.
7.6 The Customer shall not be
entitled to withhold the whole or part of any
payment due, or sum owing, to the Keeper for any
reason. No claim or counterclaim by the Customer
shall be set-off against any payments due to the
Keeper.
7.7 The Customer will be subject
to a Credit Limit which the Customer must not
exceed. Any breach of the Credit Limit by the
Customer will entitle the Keeper to full and immediate
payment of any outstanding fees.
7.8 The Keeper may request reports
on the Customer's credit worthiness from a licenced
Credit Reference Agency. The Keeper may also register
information about the Customer and the conduct
of the Customer's account with a licensed Credit
Reference Agency. Information thus registered
will be used only to help make credit decisions
or occasionally to prevent fraud or trace debtors.
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| 8. Improper use |
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The Customer agrees that it
shall use the Service only for lawful purposes.
The Customer warrants that it shall not knowingly
use the Service to receive or transmit material
that is obscene, threatening, menacing, offensive,
defamatory, in breach of confidence, in breach
of any intellectual property right, or otherwise
unlawful.
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| 9. Liability |
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9.1 The Keeper shall have no
liability in respect of any actions, claims, costs,
demands, expenses, losses or liabilities made
against or incurred by the Customer arising out
of any defect in, or the breakdown, failure or
non-performance of the systems containing the
Data Warehouse or any equipment, materials or
systems owned, used or maintained by the Customer
or any third party in connection with the Service.
9.2 While the Keeper has taken
and will continue to take reasonable precautions
in respect of computer viruses, the Keeper shall
not be liable to the Customer by reason of any
failure on the part of the Keeper to provide security
against computer viruses and prevent the transmission
of them through the Service. The Customer will
take such precautions as it deems fit.
9.3 The Keeper shall not be
liable to the Customer or be in breach or be in
breach of these Conditions of Use by reason of
any delay in performing, or any failure to perform,
any of the Keeper's obligations under these Conditions
of Use if the delay or failure was due to any
cause beyond the Keeper's reasonable control.
Without prejudice to the generality of the foregoing,
the following shall be regarded as causes beyond
the Keeper's reasonable control: Act of God, explosion,
flood, tempest, fire or accident; war or threat
of war, sabotage, insurrection, civil disturbance
or requisition; acts, restrictions, regulations,
bye-laws, prohibitions or measures of any kind
on the part of any governmental, parliamentary
or local authority; strikes, lock-outs or other
industrial actions or trade disputes (whether
involving employees of the Keeper or of a third
party); difficulties in obtaining raw materials,
labour, fuel, parts or machinery; and power failure
or breakdown in machinery.
9.4 In any event, and notwithstanding
any other provision of these Conditions of Use,
the Keeper shall not be liable to the Customer
in respect of any breach of his obligations under
these Conditions of Use for any increased costs
or expenses suffered or incurred by the Customer,
loss of profits, business, contracts, revenues,
anticipated savings or goodwill, or any type of
special indirect or consiquential loss (including
loss or damage suffered by the Customer as a result
of an action brought by a third party) even if
such loss was reasonably foreseeable or the Keeper
had been advised of the possibility of the Customer
incurring the same.
9.5 All warranties, conditions
or other terms implied by statute or common law
in relation to the Service are excluded to the
fullest extent permitted by law.
9.6 Each of the foregoing Clauses
9.1 to 9.5 is to be construed as a separate limitation
(applying and surviving even if for any reason
one or other of the said Clauses is held inapplicable
or unreasonable in any circumstances) and shall
remain in force notwithstanding any amendment
of these Conditions of Use or the termination
of the Service.
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| 10. termination of the service |
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10.1 Either the Keeper or the
Customer may terminate the Service by the giving
of the one calendar month's notice to that effect
to the other party. Such termination will not
prejudice any claims competent to either party
arising out of Clause 7 above or Clause 10.2 (b)
below or otherwise arising from the operation
of the Service.
10.2 The Keeper may, in terms
of Clause 10.1 above, terminate the Service in
the event of (a) any breach by the Customer of
these Conditions of Use or (b) any sum of money
payable hereunder by the Customer remaining outstanding
for a period exceeding thirty days.
10.3 Notwithstanding the terms
of Clause 10.1 above, the Keeper shall be entitled
to terminate this Agreement immediately in the
event that any of the following occur:
a) if the Customer is an incorporated
company, (1) there is a change of control (as
defined by section 416 of the Income and Corporation
Taxes Act 1988) of the Customer; (2) a court order
is made or a resolution is passed for the Customer's
winding up (in either case otherwise than for
the purposes of reconstruction or amalgamation)
or circumstances arise which would entitle a court
to make such an order; (3) an administrator, manager,
administrative receiver or receiver is appointed
to the Customer or over all or any of the property
which may from time to time be comprised in the
property or the undertaking of it, or circumstances
arise which would entitle a court to appoint such
an administrator, manager, administrative receiver
or receiver; (4) the Company is unable to pay
its debts within the meaning of Section 123 of
the Insolvency Act 1986; (5) the Customer makes
a voluntary arrangement or composition in satisfaction
of its debts or a scheme of arrangement of its
affairs; or (6) any similar event occurs under
the law of any other jurisdiction to which the
Customer is subject; or
b) if the Customer is a partnership,
or a number of persons acting together in any
capacity, (1) any event in sub-clauses (a) or
(c) occurs in respect of the partnership or any
partner therein or any such persons; (2) a petition
is presented for the Customer to be wound up as
an unregistered company; or (3) the partnership
is dissolved, declaring that immediate notification
of such dissolution shall be given to the Keeper
by the Customer in writing; or
c) if the Customer is an individual,
(1) a petition is presented for the Customer's
bankruptcy or the sequestration of the Customer's
estate; (2) a criminal bankruptcy order is made
against the Customer; (3) the Customer is apparently
insolvent; (4) the Customer makes any composition
or arrangement with or for the benefit of creditors;
or (5) an administrator is appointed to manage
the Customer's affairs; or
d) if the Customer ceases to
carry on its business, or substantially the whole
of its business, or disposes of the whole or a
substantial part of its undertaking or assets.
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| 11. Miscellaneous |
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11.1 In these Conditions of
Use, except where the context otherwise requires,
(a) words denoting the masculine include the feminine
and the neuter and vice versa, and words denoting
the singular include the plural and vice versa;
(b) any reference to an Act of Parliament shall
be construed as a reference to the Act of Parliament
as from time to time amended, extended or re-enacted;
and (c) any undertaking by either the Keeper or
the Customer not to do any act or thing shall
be deemed to include an undertaking not to allow,
permit or suffer the doing of that act or thing.
11.2 The Customer shall immediately
notify the Keeper, in writing, of any change of
name or address.
11.3 The Keeper may record or
monitor any telephone calls made to and from the
Help Desk in connection with the Service.
11.4 The Keeper may amend these
Conditions of Use on giving the Customer no less
than one calendar month's notice before the amendment
takes effect. The Customer's use of the Service
after the effective date of the amendment will
constitute acceptance of the amendment and will
be subject to the contract between the Keeper
and the Customer as amended.
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The Land Registers of Northern
Ireland (hereinafter “LRNI”) hereby
grants visitors to this web site access to these
pages and allows the use of the information contained
on it (the “Information”) subject
to the terms and conditions set out below: |
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| 1.1 General |
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• access to this web
site and the Land Registry Information and the
use of the Land Registry information is subject
to the laws of Northern Ireland. The Courts of
Northern Ireland shall have exclusive jurisdiction
in relation to any disputes, which may arise out
of or in connection with this web site or the
Land Registry Information; OSNI information contained
in this service is governed by Crown Copyright.
• provision of this service from LRNI is
in respect of the following regulations of Northern
Ireland that apply specifically to the service
provided by the Land Registry:
• Land Registration Act (Northern Ireland)
1970
• Registration of Deeds Act 1970 Chapter
25
• The Registration (Land and Deeds ) (Northern
Ireland ) Order 1992 - Statutory Instrument 1992
no 911 (N.I. 7)
• Registration of Deeds Regulations (Northern
Ireland ) 1997 - Statutory rule of NI 1997 no.
28
• while reasonable care has been exercised
in the compilation of the web site and the Information,
the LRNI makes no representation or warranty that:
(i) the web site or Information will meet your
requirements or expectations, (ii) access to the
web site will be uninterrupted, timely, secure,
or error-free, (iii) the results that may be obtained
from the use of the site will be accurate, complete
or reliable and (iv) any errors in the web site
will be corrected;
• the LRNI may provide, or third parties
may provide, links to other World Wide Web sites
or resources. These links are provided solely
as a convenience to you and not as an endorsement
by the LRNI of the contents on such third-party
web sites. As the LRNI has no control over such
sites and resources, you acknowledge and agree
that the LRNI is not responsible for the availability
of such external sites or resources, and does
not endorse and is not responsible or liable for
any content, products, services or other materials
on or available from such sites or resources.
If you decide to access linked third-party sites,
you do so at your own risk. Any concerns regarding
any external link should be directed to its respective
site administrator or web master;
• In no event shall LRNI and/or its respective
suppliers be liable for any special, indirect
or consequential damages or any damages whatsoever
resulting from loss of use, data or profits, whether
in an action of contract, negligence or other
tortuous action, arising out of or in connection
with the use or performance of software, documents,
provision of or failure to provide services, or
information available from this Web site.
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| 1.2 landweb direct Security Guidelines |
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1.2.1 Purpose of the Security
Guidelines
These security guidelines are established to ensure
that all users of the service observe a level
of security that safeguards the landweb direct
service as a whole and does not jeopardise the
security or interests of any other user or organisation.
1.2.2 Conditions for Secure Connection
Your organisation has agreed to abide by a set
of ‘Conditions for Secure Connection’
which places obligations on it to abide by a set
of conditions to enforce effective security in
its use of landweb direct within your organisation.
Should you breach the guidelines set out here,
you may place your organisation in breach of its
obligations. This could lead to the withdrawal
of access rights, in serious cases, putting your
organisation at a competitive disadvantage.
1.2.3 Your Obligations
You must:
• use the landweb direct services in a professional
and proper manner,
• recognise that all information accessed
remains Crown Copyright.
• keep your password secure and not disclose
it to any other individual, nor hold it as a default
within browsers, macros, function keys, etc.,
• not allow your account to be used by any
other individual,
• ensure that your PC has a timeout function
that clears data from the screen and requires
password re-entry following a period of inactivity
of more than 10 minutes, before resumption of
access to the connection,
• report any actual or suspected security
breach to your organisation’s nominated
security representative or to the LRNI landweb
direct Help Desk (BRIGID.MCALINDEN@LRNI.GOV.UK).
• immediately change your password should
there be a suspected or actual security breach,
or should you believe that your password may have
been compromised or disclosed.
1.2.4 Accountability
You are accountable for the use of your account.
Your actions will be logged and may be used in
investigations for potential or actual security
breaches, misuse, etc.
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| 1.3 Ordnance Survey of Northern
Ireland (OSNI) Customer Licences |
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1.3.1 Use of the OSNI Data
The landweb direct service permits secure access
to up to date OSNI mapping and address data in
conjunction with LRNI information. This data may
be viewed, printed and copied by users of the
landweb direct service for their normal internal
business use. Users who print data must hold a
current copyright licence issued by OSNI.
1.3.2 Normal Business Use
Normal business use is defined as follows:
Users of the landweb direct service will be able
to access OSNI data via the Internet in a controlled
(i.e., password protected) manner. LRNI data will
be overlaid onto OSNI mapping data and extracted
for viewing, printing or copying for the purposes
of the users normal internal business use, e.g;
for conveyancing, registration and other LRNI
related transactions.
The commercial exploitation, publication or copying
of OSNI material contained within landweb direct
in any form for any other purposes (not related
to LRNI transactions) are not permitted. LRNI
will advise OSNI of any misuse of OSNI material
that comes to their attention, to ensure an appropriate
licensing regime is maintained and Crown copyright
protected.
1.3.3 Provision of Map Usage Information to OSNI
The LRNI may provide user information to OSNI
on a regular basis with respect to those users
who have accessed the OSNI map base via the landweb
direct service across the Internet. This information
may be used by OSNI to verify that a valid OSNI
customer license charge exists.
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| 1.4 Cautionary Notes For Users
of Maps |
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The maps are for location purposes
only (Rule 141(1) of the Land Registration Rules
(Northern Ireland) 1994 as amended by paragraph
19 of the Schedule to the Amendment Rules 2000))
Folio boundaries are not guaranteed, (Section
64 of the Land Registration Act (Northern Ireland)
1970). The co-incidence of Land Registry markings
and OSNI features may have been affected by revisions
of the OSNI map subsequent to registration.
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| 1.5 Copyright |
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The contents of these pages
are © Crown Copyright 2003. Reproduction
of part or all of the contents in any form is
prohibited other than in accordance with the following
permissions. The Crown copyright material may
be reproduced free of charge in any format or
media for your personal use without requiring
specific permission, provided that the material
is being reproduced accurately and shall not be
used in a derogatory manner or in a misleading
context.
The permission to reproduce
Crown copyright material does not extend to any
material on this web site, which is identified
as being the copyright of a third party. Authorisation
to reproduce such material would need to be obtained
from the copyright holders concerned.
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| 1.6 Use of the clipboard |
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This application uses the
clipboard and any images or information you may
have already placed on the clipboard will be deleted.
You must save any information you do not wish
to lose before signing in to landweb direct.
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Access to landdirect.ie and use of the information
contained therein is governed by the terms, conditions
and notices set out below. Persons using the service
are deemed to have read and accepted these terms,
conditions and notices.
1. General Terms and Conditions
2. Copyright
3. Disclaimer
4. Use of landdirect.ie Filed Plans
5.Using Land Registry Digital Maps and Ordnance
Survey Ireland?(OSi) Orthophotography.
6.Legend of Colours and Symbols on Land Registry
Digital Maps,?ITM Filed plans and Specail Registration
Maps .
7. Pending Applications (First published 31st
May 2002 ).
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| 1.General Terms and Conditions: |
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1.This website is owned by
the Property Registration Authority and is operated
for and on behalf of the Property Registration
Authority.
2.This website is established
inIreland in accordance with and subject to the
laws of Ireland. The Courts of Ireland shall have
exclusive jurisdiction in relation to any disputes
which may arise in relation to the website, its
uses or any information contained therein.
3.In order to use landdirect.ie,
you must open and maintain an account with us.
When the account has been opened, we will assign
a password to you. You are advised to change this
password when you first use the service and periodically
on an ongoing basis. You must ensure that your
password is not disclosed to another person or
party and you are responsible for ensuring that
access through your firm?s account is conducted
only by your authorised personnel.
4.You may not use the website
in any manner which could damage, disable or impair
the services provided through the website or interfere
with any other party's use of those services.
5.We reserve the right to alter
the terms, conditions and notices under which
the services available through the website are
offered. Users of the site are responsible for
regularly reviewing the terms, conditions and
notices posted on this website.
6.This website may provide links
to other websites or resources. These links are
provided solely as a convenience to the user of
this site and not as an endorsement of the contents
of such third-party sites. Additionally, no responsibility
shall arise in respect of the availability of
such external sites or resources, or for any content,
products, services or other materials on or available
from such sites or resources. Access from this
site to third-party sites is undertaken entirely
at the user's own risk. Any issues regarding external
links should be directed to the administrator
or webmaster of that third party site.
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| 2.Copyright: |
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1.Save where otherwise appearing,
the material provided through landdirect.ie is
subject to Property Registraton Authority copyright
in accordance with the provisions of the Copyright
and Related Rights Act, 2000 (No. 28 of 2000)
http://www.irishstatutebook.ie/front.html
2.Permission to reproduce Government
copyright material does not extend to any material
on this site which may be the property of a third
party. Authorisation to reproduce such material
must be obtained from the copyright holders concerned.
3.Land Registry Filed Plans
available through landdirect.ie are produced and
published by the Registrar of Titles and may incorporate
Ordnance Survey Ireland (OSi) mapping data under
a licence from OSi. Copyright? OSi and Government
of Ireland.
4.Land Registry digital maps
accessible through the landdirect.ie service and
the aerial photographs which may be viewed onlineincorporate
Ordnance Survey Ireland (OSi) mapping data and
orthophotography respectively, under a licence
from OSi. Copyright ? OSi and Government of Ireland.
5.landdirect.ie also incorporatesinformation
licensed from GeoDirectory, a product developed
by An Post and OSi. Copyright GeoDirectory.
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| 3. Disclaimer: |
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1. Reasonable care has been
exercised in the compilation of the information
available through this Website. However, apart
from the records provided through the landdirect.ie
service (folios, filed plans, indices) which are
subject to the provisions of the Registration
of Deeds and Title Act 1964 & 2006, there
is no representation or warranty made as to the
accuracy, completeness or currency of such information.
The use of any such information, which may be
altered or updated at any time without notice,
is at the sole risk of the user.
2.Persons accessing folio records
through landdirect.ie before official business
hours (currently 10.30 a.m. to 4. 30 p.m. Monday
to Friday) should be aware that the information
will be current as of the close of business the
previous day.
3. Persons accessing folio records
through landdirect.ie after official business
hours (currently 10.30 a.m. to 4.30 p.m. Monday
to Friday) should be aware that the information
will be current as of the close of business on
that day.
4.There is no representation
or warranty made that access to this website will
be uninterrupted, timely, or error-free.
5. No responsibility shall arise
for any error, corruption of data or any amendment
of information transmitted, which occurs at any
time during or subsequent to transmission from
the Land Registry host system
6.Seedpoints displayed on the
Land Registry map are intended to indicate the
general location of registered plots and are provided
to assist customers to locate the particular folio
details or object of their search. These details
should be confirmed by inspection of the folio
itself. Seedpoints do not indicate the extent
or location of registered boundaries. Until boundary
detail for each county is digitised, boundaries
for registered property can be ascertained by
inspection of the Filed Plan, where one exists.
Alternatively, an inspection of the Land Registry
map may be conducted.
In some instances, seedpoints
may not be co-incident with the revised ITM vector
data published by OSi. Additionally, in a small
number of cases, the link between a seedpoint
and its corresponding folio may not yet have been
established. These items are being addressed as
part of the overall Land Registry digital mapping
programme.
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| 4.Use of landdirect.ie Filed
Plans: |
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1.Images of Land Registry paper
Filed Plans (Imaged Filed Plans) made available
through this website are electronic copies of
paper documents retained in the offices of the
Land Registry and are offered for information
and inspection purposes only to assist in the
generalidentificationof the property in question
and for no other purpose. Imaged Filed Plans greater
than A3 in size will be displayed?as a series
of tiled images.
2.Imaged Filed Plans may be
printed by you for your convenience. Control over
the printing of images of folios and filed plans
is determined by the user's printer and no responsibility
shall arise in respect of the quality of such
printed output. Printouts of Filed Plans from
your printer are not to scale nor dimensionally
accurate.
3.Imaged Filed Plans are being
gradually superseded by Filed Plans derived from
new Land Registry digital maps (ITM Filed Plans).
The latter will be implemented on a county-by-county
basis over a five year period commencing in May
2006. Details of this programme, including progress
reports, will be published at What's Planned.
4.ITM Filed Planswill be issued
by the Land Registry in hard copy format based
on the scales published by OSi (1/5000, 1/2500
and 1/1000). Consequently, some areas that were
formerly covered by 1/2500 scale OSi mapping may
now only be covered by 1/5000 scale OSi mapping
5.Smaller sites/land parcels
(up to 0.202 hectares) may be difficult to mark
clearly on paper maps at the 1/5000 scale in particular.
If customers find that the ITM Filed Plan at 1/5000
scale map is too small to mark their boundaries
on hard copy, they will be able to request an
ITM map from the Land Registry at the next largest
published scale of 1/2500. Such maps are known
as Special Registration Maps (SRMs). Similarly,
in areas covered by 1/2500 scale only, customers
will be able to request an SRM at 1/1000 scale.
However, SRMs, where enlarged from the smaller
scale, cannot be expected to give measurements
to a greater degree of accuracy than that of the
smaller scale. The Land Registry is available
to discuss with customers special issues or circumstances
relating to scale in the preparation of particular
maps for registration purposes.
6.SRMs may also be requested
for marking boundaries for First Registration
applications.
7.A plain printout or photocopy
of an Imaged Filed Plan, ITM Filed Plan or SRM
will not be accepted by the Land Registry for
registration purposes. Acertified office copyof
these records will be accepted for registration
purposes.
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| 5.Using Land Registry Digital
Maps and Ordnance Survey Ireland (OSi) Orthophotography |
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From its launch, landdirect.ie
will provide access to the register through a
digital map showing the Land Registry detail in
conjunction with a backdrop of either a rasterised
OSi topographical digital map or OSi orthophotography
(aerial photos).
Use of this digital map is subject
to the following terms of use:
1.Parcels and plans shown on
the Land Registry digital map should be read in
conjunction with the relevant folio(s).
2.The description of the land
on the folio and map is not conclusive as to the
boundaries or extent of the land (see Section
85 of the Registration of Title Act, 1964 (No.
16 of 1964) http://www.irishstatutebook.ie/front.html).
3.Land Registry digital maps
are based on Irish Transverse Mercator (ITM projection)
topographic maps that are supplied in digital
form by Ordnance Survey Ireland (OSi). Published
scales are 1/5000 rural, 1/2500 urban/rural, 1/1000
urban.
4.Land Registry maps are subject
to the limitations of scale and survey accuracy
of both OSi maps and the maps lodged for registration
purposes. Where boundaries have been transferred
to a larger scale or to a different map series,
whether on paper or in a digital environment,
measurements must not be expected to give a degree
of accuracy greater than that of the smaller scale
or older map series.
Since the commencement of land
registration in 1892, almost all registrations
have been recorded by reference to the topographic
detail that is shown on OSi published map scales.
OSi Cassini/County Series and Irish Grid published
scales in the paper system were 1/10560, 1/2500
and 1/1000, 1/1250, 1/1056, (both 1/1250 and 1/1056
were enlarged by OSi from 1/2500 mapping).
Accuracy of the Land Registry?s
boundary data is, accordingly, limited to the
survey accuracy and scale of the source map originally
lodged and upon which registration was based.
5.OSi orthophotography is made
available in conjunction with the Land Registry
map as a visual aid in assisting landdirect.ie
customers to locate the particular property or
object of their search and for no other purpose.
These aerial photos do not form part of the Land
Registry map or register.
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| 6. Legend of Colours and Symbols
on Land Registry Digital Maps, ITM Filed Plans and
Special Registration Maps |
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1.The legend of colours and
symbols appearing on Land Registry Digital Maps,
ITM Filed Plans and SRMs will appear here shortly.
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| 7.Pending Applications (First
published 31st May 2002) |
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1.The note of applications
pending that heretofore appeared on Part 2 of
the folio will now be listed on a separate page
and will no longer appear as part of the folio
itself. This change is necessary to facilitate
our ongoing Imaging Programme of existing paper
documents. If there are applications pending on
the folio selected for viewing, a message will
appear in red on screen alerting the user to this.
The user can then view details of the pending
application(s) and print the list if required.
(Last updated on 28th July 2006)
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| Introduction |
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www.gov.im is a website managed
by the Isle of Man Government.
In these terms and conditions
'we' and 'us' mean the Isle of Man Government.
References to the Isle of Man Government in these
terms and conditions include, where appropriate,
references to any Department or Statutory Board
(as defined in the Interpretation Act 1976) and
to any person or body of persons holding office
under the Crown in right of the Isle of Man.
This website is maintained for your personal use
and viewing. Access and use by you of this site
constitutes acceptance by you of these Terms and
Conditions of Use. This version of the Terms and
Conditions takes effect from 1st July 2005.
These Terms and Conditions shall
be governed by and construed in accordance with
the laws of the Isle of Man. Any dispute arising
under these Terms and Conditions of Use shall
be subject to the exclusive jurisdiction of the
Manx courts.
Updates and modifications will
be made to these Terms and Conditions of Use from
time to time. Please ensure you check these Terms
and Conditions of Use each time you access or
use this site.
In interpreting these Terms and
Conditions of Use:
- the use of the singular includes the plural
and the use of the plural includes the singular;
- it is not intended that the headings should
be taken into account; and
- an “Associated Business” means
a business assisting the Isle of Man government
in the provision of the goods and services for
which the government is responsible, which businesses
include without limitation:
- in respect of development of this site:
PDMS Ltd , 32-34 Malew Street, Castletown,
Isle of Man, IM9 1AF, British Isles, Tel:
44 (0) 1624 823833 e-mail: enquiries@pdms.com
; and
- in respect of hosting of this site: Domicilium
Ltd, Domicilium House, Malew Street, Castletown,
Isle of Man, IM9 1AF, British Isles, Tel:
+44 (0) 1624 825278, e-mail: info@domicilium.com.
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| Using our website |
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The States of Jersey website
is maintained for your personal use and viewing.
Access and use by you of this site constitutes
your acceptance of these Terms and Conditions.
This takes effect from the date on which you first
use this website.
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| Copyright |
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The material on this site is
subject to copyright protection in respect of
the States of Jersey unless otherwise indicated.
Copyright protected material
may be reproduced free of charge in any format
or medium for research, private study or for internal
circulation within an organisation. This is subject
to the material being reproduced accurately and
not used in a misleading context.
Where any of the copyright items
on this site are being republished or copied to
others, the source of the material must be identified
and the copyright status acknowledged.
The permission to reproduce protected
material does not extend to any material on this
site for which the copyright is identified as
being held by a third party. For authorisation
to reproduce such material, you must contact the
copyright holder.
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| Images, photography and logos |
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All photographs, images and
our logos or any other third party logos on this
website are copyright. All rights are reserved
and no photograph, image or logo may be copied,
reproduced or directly linked to without approval
from the relevant copyright owner.
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| Hyperlinking to the States of
Jersey website |
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We do not object to you linking
directly to pages on this site and you do not
need to ask permission to do so. However, we do
not permit our pages to be loaded into frames
on your site. The www.gov.je pages must be displayed
in the user's entire browser window. |
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| Hyperlinking from the States
of Jersey website |
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We are not responsible for
the content or reliability of the websites we
link to and do not necessarily endorse the views
expressed within them.
We aim to replace broken links
to other sites but cannot guarantee that these
links will always work as we have no control over
the availability of other sites. |
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| Virus protection |
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We make every effort to check
and test material at all stages of production.
It is always wise for you to run an anti-virus
program on all material downloaded from the internet.
We cannot accept any responsibility for any loss,
disruption or damage to your data or your computer
system which may occur while using material derived
from this website.
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| Disclaimer |
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This website and material relating
to government information, products and services
(or to third party information, products and services),
is provided ‘as is’, without any representation
or endorsement made and without warranty of any
kind whether express or implied, including but
not limited to the implied warranties of satisfactory
quality, fitness for a particular purpose, non-infringement,
compatibility, security and accuracy.
We do not warrant that the functions
contained in the material contained in this site
will be uninterrupted or error free, that defects
will be corrected, or that this site or the server
that makes it available are free of viruses or
represent the full functionality, accuracy, reliability
of the materials. In no event will we be liable
for any loss or damage including, without limitation,
indirect or consequential loss or damage, or any
loss or damages whatsoever arising from use or
loss of use of, data or profits arising out of
or in connection with the use of this website.
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We are experts in Land Registry law
and practice. Our customers can feel
confident in our ability to obtain the
information they seek. |
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All of our instructions are dealt
with in the strictest of confidence.
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We can obtain title deed information
for all registered properties whether
or not they are owned by you. |
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