|
EFORMS
TERMS AND CONDITIONS
1.
Introduction and general principles
eFORMS
allows on screen completion of various registration and application
forms used in the registers maintained by the Keeper of the Registers
of Scotland. Those forms which do not require signature, prepayment
or hard copy enclosures may then be submitted by email. Both users
and the Keeper benefit from the efficiencies provided by this alternative
to the use of preprinted paper forms. eFORMS is provided by the
Keeper at his sole discretion to registered users, free of charge
and without acceptance of any liabilities.
Crown
copyright subsists in these forms. eFORMS registration includes
a copyright licence permitting free reproduction.
2.
Definitions and interpretation
'The
Keeper' means the Keeper of the Registers of Scotland. The address
for the Keeper for any enquiries or service of any document in respect
of these terms is Meadowbank House, 153 London Road, Edinburgh EH8
7AU.
'The
user' means a person (natural or otherwise) which has been assigned
a log-in script in terms of clause 3 hereof. Where the user uses
eFORMS in the capacity as employee or servant of a firm, company,
authority or other such entity or enterprise, the user binds that
entity or enterprise to these terms and warrants to the Keeper that
it is within the user's power to so bind that entity or enterprise.
'The
forms' means (1) the Forms 1 to 5 inclusive and 8 to 15 inclusive
prescribed in Schedule A to the Land Registration (Scotland) Rules
1980 as amended and (2) Forms P16, P17, CPB2, C&S1, Sasine and
Books of Council and Session copy deed request, and Land Register
copy deed request as presently produced by the Keeper; together
with, in each case, all future variations thereof and such further
forms as the Keeper may choose to include in eFORMS.
In
these terms, except where the context otherwise requires, (a) words
denoting the neuter gender include the feminine and masculine; (b)
words denoting the singular include the plural and vice versa; (c)
any reference to an Act of Parliament, Act of the Scottish Parliament
or Statutory Instrument includes reference to that measure as from
time to time amended, extended or re-enacted.
The
paragraph headings do not form part of these terms and do not apply
to limit the interpretation or application of these terms.
3. User registration
Application
to use eFORMS shall be in such form as is from time to time determined
by the Keeper. Such application shall be an offer by the prospective
user to become a user and to be bound by these terms and conditions.
If such offer is accepted by the Keeper, these terms contain and
constitute the whole agreement between the parties with respect
to the supply and use of eFORMS and supercede any prior or contemporaneous
agreements or understandings.
If
the Keeper accepts the application, he will assign to the user a
log-in script. When first accessing eFORMS the user will change
the password element of the log-in script and thereafter will change
password no less than four times a year. The user must keep the
password safe and secure and may not disclose it or permit it to
become known to any third party.
The
Keeper may at his sole discretion and without being required to
give any reason:- (1) refuse any application for registration as
a user; and (2) terminate, suspend, limit or place conditions upon
any person's use of eFORMS.
4. Permitted use and restrictions
The
permitted use of eFORMS is for completion of the forms in the course
of the normal and lawful practices of conveyancing and searching
of public records. No other use is permitted without the prior written
approval of the Keeper. The user warrants that it shall use the
service only for lawful purposes.
Other
than with the express prior written agreement of the Keeper, no
user or other party may (1) decompile, reverse engineer or disassemble
eFORMS or (2) modify, sell, rent, transfer, create derivative works
based upon or incorporating, or distribute eFORMS or any part thereof.
5. Ownership, withdrawal and modification
This
agreement gives the user limited rights to use eFORMS and to generate
Crown copyright forms. The user does not become owner of any intellectual
property right in eFORMS or the forms. All rights not specifically
granted in this agreement are reserved to the Crown.
The
Keeper may at his sole discretion and without notice withdraw or
modify the eFORMS service at any time.
6. Disclaimer and exclusion and limitation clauses
eFORMS
is supplied free of charge and on an 'as is' basis, without any
undertaking to give technical support or warranty of any kind by
the Keeper including, without limitation, any warranty of satisfactory
quality or fitness for purpose.
Except
insofar as exclusion of liability is prohibited by statute, the
Keeper shall not be liable for any direct, indirect, special, incidental
or consequential damages or loss, nor for any damages for loss of
business, loss of profits, loss of anticipated savings or the like,
whether based upon breach of contract, negligence, product liability
or otherwise, whether or not foreseeable and even if the Keeper
or any representative of the Keeper has been advised of the possibility
of such loss or damage.
Without
prejudice to the foregoing generality; (1) the Keeper shall have
no liability in respect of any actions, claims, costs, demands,
expenses or liabilities made against or incurred by the user arising
out of any defect in, or the breakdown, failure or non-performance
of the systems and equipment (whether belonging to, maintained by
or used by the Keeper, the user or any third party) utilised in
connection with use of eFORMS; and (2) while the Keeper has taken
and will continue to take reasonable precautions in respect of computer
viruses, the Keeper shall not be liable for any consequence of any
failure on the part of the Keeper to prevent the transmission of
computer viruses through eFORMS. The user shall take such precautions
as it deems fit.
In
any event whatsoever, the total liability of the Keeper in respect
of any use of eFORMS is limited to the amount of the fee prescribed
by the Fees in the Registers of Scotland Order 1995 for the particular
application form or service in respect of which the liability is
claimed to have arisen.
Nothing
in these terms excludes or limits the statutory rights of consumers.
If
any part of these terms is found by any court or competent authority
to be invalid, unlawful or unenforceable then the parties agree
that that part will be deemed not to be a part of these terms and
that it shall not affect the validity, lawfulness or enforceability
of the remainder of these terms.
7. Electronic submission of certain forms
The user may, at its own option and risk, submit Forms 10, 11, 12,
13, 14, 15, P16, P17 and copy deed requests by email (provided that
these do not refer to paper enclosures). The User agrees that the
act of sending such a form electronically places the user under
the same liabilities, responsibility and accountability as signing
and delivering an equivalent paper form. On each such electronic
submission the user personally warrants to the Keeper that the user
is authorised to incur the relevant statutory fee to the account
of the business entity having the FAS (fee accounting system) number
appearing in the user's registration application.
8. Crown copyright licence
Crown copyright subsists in the forms. Under delegated authority
from the Queen's Printer for Scotland, the Keeper allows the user
to reproduce the forms through the mechanism of eFORMS free of charge
as drafts or principals of applications to the Keeper for registration
in, or reports or copies from, the registers maintained by the Keeper.
Application for copyright licensing of any other proposed reproduction
of the forms should be made to the Keeper.
9. Governing Law
The parties agree that the supply and use of eFORMS is governed
by Scots Law and subject to the exclusive jurisdiction of the Scottish
Courts.
|
