Terms and Conditions
1 Direct Access Service Terms and Conditions
The Land and Property Services (hereinafter "LPS") 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:
1.1 General
· access to this web site and the Land and Property Services Information and the use of the Land and Property Services 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 and Property Services Information; OSNI information contained in this service is governed by Crown Copyright.
· provision of this service from LPS is in respect of the following regulations of Northern Ireland that apply specifically to the service provided by the Land and Property Services:
- 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 LPS 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 LPS 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 LPS of the contents on such third-party web sites. As the LPS has no control over such sites and resources, you acknowledge and agree that the LPS 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 LPS 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
· LPS will process data in accordance with the LPS Privacy Notice and LPS Privacy Notice (Web Sites)
1.2 LandWeb Direct Security Guidelines
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 LPS landweb direct Help Desk (0300 200 7803)
. 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.
1.3 Ordnance Survey of Northern Ireland (OSNI) Customer Accounts
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 LPS information. This data may be copied by users of the landweb direct service for their internal business use, for which the following annual copyright account is payable to OSNI by the landweb direct user.
This annual landweb direct account replaces any previous copyright accounts and is payable to OSNI, therefore any solicitor or other LPS customer who copies OSNI data sourced via landweb direct is liable to pay the annual landweb direct account charge. Payment of that charge then allows copying of the Crown Copyright data from landweb direct.
Copying of OSNI data from the landweb direct service by individuals or organisations who have not paid the annual landweb direct account is not permitted.
1.3.2 Internal Business Use
Internal 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. LPS data will be overlaid onto OSNI mapping data and may be extracted and copied for the purposes of the users internal business use, e.g. for conveyancing, registration and other LPS related transactions.
The commercial exploitation, publication of OSNI material in any form for any other purposes are not permitted. LPS 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 LPS 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 landweb direct account exists for those customers who through their internal business use need to copy the data.
1.4 Cautionary Notes For Users of Maps
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 and Property Services markings and OSNI features may have been affected by revisions of the OSNI map subsequent to registration.
1.5 Copyright
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.
1.6 Use of the Clipboard
It is not permitted to copy any of the information displayed on the any on the screens in the Direct Access service where such copying attempts to avoid payment for a chargeable service. LPS reserves the right to terminate a user's account with immediate effect if it is found that this condition is breached.
2 E-Registration Service Terms and Conditions
2.1 General
The following terms and conditions govern the use of the LPS E-Registration system. These terms and conditions do not replace, but are supplemental to those stated above under Direct Access Terms and Conditions and apply only to those account holders using the E-Registration service.
LPS reserves the right to alter these terms and conditions and will publish the current version on the website. Excepting any urgent alteration necessary to protect the security, integrity or stability of the E-Registration system, LPS will give users notice of any proposed alterations.
Use of the E-Registration system constitutes an acceptance of the terms and conditions then subsisting.
2.2 Participation in the E-Registration system
A user may use the E-Registration system only in accordance with these terms and conditions and any additional conditions imposed on the user. LPS may by notice to that user impose any additional conditions on that user which LPS acting reasonably considers appropriate to protect the security, integrity or stability of the E-Registration system.
A User may authorise one or more Users to use the E-Registration system on its behalf, such authorisation being subject to these terms and conditions and any additional conditions specifically applicable to that User. The User must notify LPS of the Contact Details of Users authorised by it and of any change in those Contact Details. Where a User so authorises a User, the User is bound by and liable for the acts and omissions of, and any breaches of such terms and conditions by, the User as if they were the acts, omissions or breaches of the User.
A User must appoint one or more Practice Administrators and notify LPS of the name and Contact Details of each person so appointed and of any change to their Contact Details. A User is bound by and liable for the acts and omissions of, and any breaches of these terms and conditions by, a Practice Administrator appointed by that User as if they were acts, omissions or breaches of the User.
A User must immediately withdraw authority and access to the E-Registration system from any User authorized by the User who is suspected of or has been involved in improper use of the E-Registration system, breach of these terms and conditions, or whose circumstances have changed such that the User is no longer authorised to act on behalf of the User.
A User may surrender its account by giving notice to LPS. Such surrender is effective from the time when LPS receives notice, or such later time as may be given in the notice.
LPS may terminate an account with immediate effect if LPS reasonably considers that the User or any User authorised by that User poses a threat to the security, integrity or stability of the E-Registration system. LPS may terminate or restrict the authority of a User if LPS reasonably considers the User poses a threat to the security, integrity or stability of the E-Registration system.
Surrender or termination of an account does not affect any past, present or continuing liability (whether under these terms and conditions or otherwise) of the User in respect of past LPS transactions.
2.3 Users’ and Users’ rights and obligations
A User may use its landweb direct System account to access the E-Registration system.
Each User undertakes that it will (and where appropriate will ensure that any User authorised by it will): (a) not do or omit to do anything that will or may adversely affect the operation, security, integrity, stability or overall efficiency of the E-Registration system; and (b) establish and maintain appropriate measures to safeguard the E-Registration system from unauthorised access through the User’s E-Registration system Account.
If a User at any time (a) ceases to comply with these terms and conditions or (b) becomes aware that its ability to maintain its compliance with them is impaired or likely to become impaired, it must immediately notify LPS of this fact; and its right to use the LPS system shall be suspended until such time as the User can demonstrate to the reasonable satisfaction of LPS its ability to maintain compliance with these terms and conditions.
Use of the LPS system is only permitted for the purposes of transactions in all respects lawfully carried out. The system may not be used for any purpose, which contravenes the provisions of the Computer Misuse Act 1990 or of any other legislation for the time being in force. Users and Users must immediately inform LPS about any activity that they reasonably suspect is not lawful or is likely to contravene said legislation.
Although the E-Registration system may create draft form(s) based on information that a user provides, it is the responsibility of the user to ensure that –
a. the information contained in the draft form(s) is complete and accurate;
b. the draft form(s) adequately meet the user’s requirements and/or those of their client and is/are appropriate for the application; and
c. all applications for registration complies with all the requirements of the relevant Land Registration Rules.
Neither the Land Registry of Northern Ireland (“LRNI”) nor DFP Land and Property Services makes any representation or warranty as to the suitability of any forms produced by the E-Registration system and that the use of such a form will not preclude LRNI from seeking further information or documentation regarding any application.
2.4 LPS’s rights and obligations
LPS may withdraw or modify the E-Registration system. Except in case of urgent necessity to protect the security, integrity or stability of the E-Registration system, LPS will give Users notice of any proposal to withdraw or materially modify the system.
Notices from LPS to users may be sent by post or by electronic means.