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1 (1) In consideration of services provided to you by LandSearches.co.uk 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: (a) (England & Wales) HM Land Registry Portal Conditions of Use (b) (Scotland) The Registrars of Scotland Terms & Conditions (c) (N Ireland) Landweb Direct Access Service Terms & Conditions (d) (Republic of Ireland) LandDirect Terms, Conditions & Notices (e) (Isle of Man) The General Registry Terms & Conditions of Use (f) (Channel Islands) Public Registry Online Terms & Conditions 1 (2) The information and documents we provide for you are electronic copies of authentic documents held by the Land Registers 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 them. The information we provide is as provided by them. 1 (3) Electronic information processed over the internet or by email may be subject to delays or losses beyond our control. Neither we nor our information providers shall be liable for any losses arising therefrom. 1 (4) 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 civil proceedings against you. 1 (5) 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. Order Updates, Downloads, Delivery & Email Notifications: 2 (1)(a)We will send a notification by email to the email address that you provided during the order process anytime there is an update to the status to your order. We will send you a payment confirmation email as soon as you complete your payment. If you do not receive this email within a few minutes of placing your order, it is likely that you miss-typed your email address when you placed your order. In such case, you need to contact us immediately. 2 (1)(b) You are fully responsible for providing a correct, valid and functional email address. If you do not provide a correct, valid and functional email address, you will not receive the email updates we send regarding your order. If you do not receive a payment confirmation email within a few minutes of placing your order, you need to contact us immediately. 2 (1)(c) Emails regarding your order will sent to the email address you provide from our "[email protected]" email address, it is your responsibility to ensure that your email address can accept emails from this email address. You may need to add "[email protected]" to your address book or contact list. 2 (1)(d) Depending on your email account's settings, our emails may end up in your email account's junk/spam email folder or could be blocked entirely. It is your responsibility to also check your junk/spam email folder for our emails and ensure that your email accounts security settings will allow you to receive emails from "[email protected]". 2 (1)(e) If you did not receive your payment confirmation email within a few minutes of placing your order, you are having problems receiving our emails. If you don't inform us of this, you must keep checking the status of your order by clicking here. 2 (1)(f) We are not responsible for ANY issues caused by you not receiving our emails, where you have failed to correctly enter your email address, or failed to check your spam email folder, or failed to add [email protected] to your email address book, or failed to notify us that you did not receive your order confirmation email within a few minutes of your order being placed, or failed to inform us that you have not received your documentation after the agreed processing time. 2 (2)(a) Unless we have sent you a message through our contact service to advise you otherwise, orders for electronic copies of documents will be available to download from the download document link on your order within the processing time specified when you placed your order. 2 (2)(b) You are responsible for accessing your order and downloading your documents at the end of the processing period specified. If you have any problems doing this, you must contact us and we will help. 2 (2)(c) You will NOT be entitled to a refund for your order just because you have not downloaded your documents. 2 (2)(d) If you do not request us to store the electronic documents you order online for you (and pay the applicable fee), your documents may be deleted from our system 72 hours after you first download them. It is your responsibility to ensure that you download and save your documents to a safe place. You must contact us immediately if you have any problems downloading, accessing or opening any of your documents. 2 (2)(e) Electronic copies are provided in PDF format. We will provide you with the document in PDF format if electronic copies are requested. You need a PDF reader to view PDF documents. We recommend adobe reader. You can download adobe reader by clicking here. If you continue to have a problem opening your document, we suggest you try opening the document on a different device. No refund will be given if you have requested PDF documents but do not have the facility to open PDF documents. Unless you are sure you have the facility to open PDF documents, you should order paper documents. 2 (2)(f) Paper documents are sent by Royal Mail Standard 1st Class post. The documents should arrive at the postal address you supplied a few working days after the completion of your chosen processing time. You agree to contact us and advise us of non-receipt within 14 days of the completion of your chosen processing time if you have not received your paper documents. We will then re-dispatch your documents. If you do not advise us of non-receipt within 14 days of the completion of your chosen processing time, you agree that for the purpose of this contract, the paper documents will be deemed to have been successfully delivered to you. 2 (2)(g) If we have any reason to believe you may not be receiving our emails, we may send the documentation ordered, or any correspondence related to your order, in paper format to the postal contact address that you provided when you placed your order, instead of in electronic format sent by email. Document & Searches: 3 (1)(a) The Boundary Report, Right of Way Report, Joint Owners Report and Lease Report are compiled, written and produced by us. 3 (1)(b) Our land search services provide access to documents that are issued by organisations including HM Land Registry, Registers of Scotland, NI Land & Property Services, Local Authorities, Water Companies, Utility Companies as well as other organisations. 3 (1)(c) With the exception of the Reports discussed in clause 3(1)(a) which we produce, the other documents that we supply are not produced by us. We are therefore responsible for their supply only. We are NOT responsible for the content of documents produced by a third party. If you believe that any of the documents that we supplied contain mistakes, you need to contact the organisation that issued the document. If you are unsure who issued the document, you must contact us and we will advise. 3 (1)(d) We will supply you with the specific documents that you order, no refund will be provided if the documents contain mistakes or if information contained within the documents is incorrect. Cancellation Period and Right to Cancel under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013: 4 (1)(a) During the order process, we give you the option to have work started on your order immediately. If you choose to give your express consent for the delivery of the service to begin before the end of the cancellation period provided for in regulation 30(1), you acknowledge that your right to cancel the contract under regulation 29(1) would be lost. 4 (1)(b) If you do not give your express consent as described in 4(1)(a) work on your order cannot begin before the end of the cancellation period provided for in regulation 30(1) and the clock for any stated processing times will not start before the end of the cancellation period provided for in regulation 30(1). How to Cancel your Order: 4 (2) You must give us notice by contacting us (click here) or by using our model cancellation form which can be accessed by clicking here. 4 (3) If you request cancellation for the service AFTER having given your express consent for the delivery of the service to begin before the end of the cancellation period provided for in regulation 30(1) and AFTER having acknowledged that your right to cancel the contract under regulation 29(1) would be lost, you will be responsible for paying for the cost of all work started before your request to cancel. In such cases, the following fees will apply for work done before your request to cancel: 4 (4)(a) If work has not started on the order prior to your cancellation request, and your cancellation request is made within 14 days of the time you placed your order: No fee will be charged, you will be refunded in full. 4 (4)(b) If work has started on your order, but not been completed prior to your cancellation request, and your cancellation request is made within 14 days of the time you placed your order: You will pay a flat £19.99+vat administration fee for work done prior to your cancellation request. You will also pay for any searches or documents that we have already requested as part of your order, including any applicable delivery fees. You will also pay for any of the following options if included in your order: 1. faster processing fee 2. map search fee 3. sms order update fee 4. report fees 5. surcharge for searches on properties in Northern Ireland Any remaining balance will then be refunded to you. Should the total of these fees be more than or equal to the total paid, no refund will be due. 4 (4) (c) If all work on your order has been completed or if requests for all searches, or documents ordered have been made, or if all documents have been issued, or if we have started work on your report(s), prior to your cancellation request, you will be responsible for the full cost of the order. No refund will be due. 4 (4)(d) If your cancellation request is made more than 14 days after placing your order. No refund will be due. Refunds Policy: 5 In carrying out our searches we incur disbursements and therefore refunds have been restricted to the following circumstances: 5 (1) Where a a Folio Search is made in Northern Ireland but the property is unregistered a a full refund will be issued minus any faster processing fees, map search fees and a £34.98+vat administration fee for conducting the search and confirming the requested document is not held by the Land Register. The sum retained by us to cover our administrative expenses and costs of conducting the search. 5 (2) Where a search is made and the property is found to be unregistered in the Land Register: 5 (2)(a) A suitable alternative may be provided. 5 (2)(a)(i) For properties in Scotland, a suitable alternative to a Land Register search is a Sasines Register search. 5 (2)(b) If none of the documents or reports ordered can be supplied due to the property not being registered with the Land Register and no suitable alternative can be provided, a full refund of the fee paid will be issued minus any faster processing fees, map search fees and a £19.99+vat administration fee for conducting the search and confirming the property is not registered. The sum retained by us to cover our administrative expenses of conducting the search. 5 (2)(c) If some of the documents or reports ordered cannot be supplied due to the property not being registered with the Land Register and no suitable alternative can be provided, a full refund of the fee paid for the missing documents or reports, minus any faster processing fees, map search fees and a £19.99+vat administration fee for conducting the search and confirming the property is not registered will be issued. The sum retained by us to cover our administrative expenses of conducting the search. 5 (3) Where a search request is made solely for a specific property document and the specific property document is found not to be held by the Land Register, a full refund will be issued minus any faster processing fees, map search fees and a £19.99+vat administration fee for conducting the search and confirming the requested document is not held by the Land Register. The sum retained by us to cover our administrative expenses of conducting the search. 5 (4) An order for our General Assistance Service can be cancelled and refunded in full, providing the request for refund is made within 14 days of the original payment for the service, and conditions 5 (4)(a) or 5 (4)(b) apply: 5 (4)(a) We were unable to provide assistance. 5 (4)(b) You are unsatisfied with the assistance provided. 5 (5) Discretionary refunds may be given, but only rarely. Any such will be at the sole discretion of LandSearches.co.uk and will generally only be given in exceptional circumstances. Intellectual Property and Copyright: 6 (1) 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. 6 (2) LandSearches.co.uk and its logo are the trademarks of LandSearches.co.uk and remain the property of LandSearches.co.uk. 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 LandSearches.co.uk 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. Order Processing: 7 (1) If we have not processed your order or requested further information relating to your order with a faster processing time not be processed within the stated time limit, the limit of our liability is the additional fee charged for the faster processing service. 7 (2) A refund for the full value of the order can only be provided if we have not processed your order or requested further information within your chosen processing time after payment AND you have requested that we cancel the order through our contact system BEFORE the order is processed AND BEFORE we request further information. If your order is late and you did not request cancellation BEFORE the order is processed and BEFORE we requested further information, you will only be eligable for a refund of the the additional fee charged for the faster processing service. 7 (3) We will only provide documents and undertake reports for one title number (or folio) for each order, if you request documents or reports for more than one title number (or folio), or if the land or properties that you are interested in covers more than one title number (or folio), we will provide documents and undertake reports for one of the title numbers (or folios) only. You will need to place additional orders for the documents and reports for any additional title numbers (or folios) should they be required. 7 (4) It is entirely your responsibility to ensure that you have provided the correct address or title/folio number for the property, refunds will not be issued in cases an incorrect or invalid address or title/folio number has been provided. 7 (5) It is your responsibility to ensure the address you have provided is clear. Should any confusion caused by an unclear address result in incorrect documents being provided, no refund will be issued. 7 (6) Where you submit a search for a title number, it is your responsibility to ensure the title number you provided is correct. We will process the order based on the title number you provide. The search will be conducted on and document will be provided for the title number you provide. 7 (7) The official registered address or description of a property or piece of land as registered with the Land Register may differ from the postal address of the property. If we cannot identify a property or piece of land with the details that you provide, you will be asked to provide further information to help us identify the correct property or piece of land. You are responsible for providing any additional information that we require to locate the property and refunds will not be issued if you fail to provide the additional information that we require to locate the property or piece of land. Additional information we may require can include, but is not limited to: 7 (7)(a) Requiring you to provide the official registered address or description of a property or piece of land as registered with the Land Register (this may differ from the postal address). 7 (7)(b) Requiring you to check if the location that we have identified on a map that we provide to you is correct. 7 (7)(c) Requiring you to provide us with the coordinates (Decimal Degrees) of the property or piece of land. 7 (8) If we cannot identify a property or piece of land with the details that you provide and require further information from you, the clock on the agreed processing time will stop when we request further information from you. The clock will reset and restart from the beginning once you respond to our additional information request, allowing us the full renewed agreed processing time again from the time you respond to our additional information request. You will not be entitled to a refund due to any delays caused by you failing to promptly provide the information that we require to locate the property or piece of land. 7 (9) You must clearly state if you require thes search to be conducted on the Freehold title or Leasehold title. If this is not clearly stated, we will decide if the search is to be conducted on the Freehold title OR the Leasehold title. 7 (10) Should the title plan be unavailable in electronic format, a paper copy of the title plan will instead be provided and posted to the correspondence address that you provided when you placed your order for no additional charge. 7 (11) Where a Land Register search is submitted for a property in Scotland and the property is found not to be registered in the Land Register, we may provide the Sasines Register Search Sheet as a replacement for the Land Register documents requested. 7 (12)(a) Where electronic copies are requested, electronic copies will usually be available to download by the end of the processing time. 7 (12)(b) Where paper copies are requested, the paper copies will not be delivered by the end of the processing time. The paper documents will usually be dispatched by Royal Mail 1st Class Post the working day AFTER the completion of the quoted processing time. 7 (12)(c) We will make the request for the documents you order within the processing time you selected when placing your order. Whilst we have immediate access to most documents, some documents may require further, manual investigation by the Land Registers before they can be made available. This usually takes 3 to 10 working days, but for properties in Northern Ireland, can sometimes take as long as 30 working days, and is beyond our control. 7 (13) (a) Where an order is placed for us to conduct a report, the report can only consider information on file at the Land Register, Sasines Register or other publicly available database. 7 (13) (b) When an order is placed for us to conduct a report and some or all of the title documentation for the subject property is not available to us, the report on the subject property may use information from the title documentation and deeds from surrounding properties to understand the rights and responsibilities that apply to the subject property. 7 (14)(a) If whilst undertaking a Report we believe that the documentation we have been provided from the Land Register, Sasines Register or other publicly available database contains errors, is incomplete, or is illegible, we may request for the Land Register, Sasines Register or other publicly available database to investigate and supply us with an improved copy of the document if available. It can take up to 60 days for us to receive a response to such request and this is beyond our control. 7 (14)(b) Once we file a request for an improved copy of a document, the report cannot be finalised until after we receive a response to our request for an improved copy. In such circumstances, you agree that the agreed processing time for the report will stop, reset and restart once we receive a response to our request for an improved copy. Providing we request an improved copy within the original agreed processing time and your Report is delivered within the original quoted processing time AFTER we receive a response to our request for an improved copy, you agree that the Report was processed and completed on time. Complaints Procedure: 8 (1) You must submit your complaint through the contact form on your order. You can do this by clicking here. We will respond to your complaint using the email address we have for you on file. You must ensure that we have the correct email address for you on file as otherwise you will not recieve our reply to your complaint. 8 (2) If you are unsatisfied with the initial outcome of your complaint, you can request for your complaint to be escalated. Your complaint will then be examined in detail by a senior member of our team. We will respond to your complaint using the email address we have for you on file. 8 (3) If you are unsatisfied with the final outcome of your complaint, you can take your complaint further using the European Commission's Online Dispute Resolution platform. Online Dispute Resolution: 9 (1)(a) The Online Dispute Resolution Platform can be accessed by clicking here. 9 (1)(b) Our Online Dispute Resolution email address is [email protected] Waiver: 10 None of these terms and conditions will be taken to be waived except by written notice signed by you and by LandSearches.co.uk. Contact Addresses: 11 (1) Postal Addresses: (a) General correspondence - LandSearches.co.uk, 30 Porth Y Gar, Llanelli, SA14 9TJ (b) Business Information - Higley International Ltd (UK Company Number 10511093) T/as LandSearches.co.uk. (c) Head Office - Higley International Ltd T/as LandSearches.co.uk, 30 Porth Y Gar, Llanelli, SA14 9TJ 11 (2) Web Address: (a) http://www.LandSearches.co.uk 11 (3) Email Addresses and Contact Forms: (Existing customers, please remember to include your order number when contacting us) (a) For fastest response, we advise you use the contact page where responses are usually provided within two working days. (b) You can email us at [email protected] 11 (4) Contact Phone Number: (a) You can call us on 01792 807887 weekdays, 9am to 5pm. VAT Information: 12 (1) VAT Number: GB167754371 |
| Disclaimer: The reports we produce and documents we provide are based on the documents held by the various Land Registers, we do not take responsibility for errors made by them. We are a commercial company neither owned by nor affiliated with any Land Register or the Government. We are an independent land search portal and producer of reports. We produce property reports and search the Land Registers for title deeds, plans and other documents which can be used for official purposes. Documents ordered online directly from HM Land Registry cannot be used for official purposes. |
LandSearches.co.uk is a trading style of Higley International Ltd,
Registered in England and Wales under Company Number 10511093 Business Address: Land Searches.co.uk, 30 Porth Y Gar, Llanelli, SA14 9TJ Registered Office Address: 6 Marsh Parade, Newcastle, Staffordshire, United Kingdom, ST5 1DU |
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