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.
'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.
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.
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.
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.
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.
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.
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.
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.