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Terms & Conditions
1. Acceptance of terms
1.2 The National Land Agency (NLA) website is provided as a service to those who access it. The information offered on eLandjamaica is considered public and may be downloaded, printed and copied without any right to resell, redistribute or create derivative works. Use of the website is subject to the user agreeing to the terms and conditions outlined below.
1.3 The Terms, Conditions and Policies are entered into and agreed by and between the National Land Agency and the user. If the user is using the Site on behalf of his employer, the user represents that the user is authorized to accept these terms, conditions and policies on the employer’s behalf.
1.4 These Terms Conditions and Policies may be modified or amended from time to time without notice. The user’s continued use of this Service thereafter constitutes an acceptance of the changes and an agreement to be bound by said changes. Any user, who does not agree to the changes, agrees to discontinue the use of the website- eLandjamaica. Modifications and/ or amendments are posted on the website. It is the responsibility of every user to check for amendments and/or modifications.
1.5 You agree that by commencing use of ELandjamaica and subsequently beginning or continuing to use ELandjamaica you consent to be bound and become a party to this agreement. In addition, you agree to comply with any amendments to this agreement by continuing to use the services of eLandjamaica after the amendment has been published on the site. The current and binding terms of this agreement are always set forth on this website.
1.6 If at any time you do not agree or no longer agree to comply with the terms of this Agreement you are not authorised ELandjamaica and should not do so. You have the right and duty to terminate this Agreement and your subscription hereto.
2.1 The information provided on this website should not be used as a substitute for any form of advice.
2.2 Decisions based on information presented on the NLA’s Website are done on the user’s own account and at the user’s own risk. Use of this website to jeopardize its functioning and/or affect the information provided on this website or the underlying software is strictly prohibited.
3.1 It is the purpose of the NLA’s website to provide accurate content that will inform and educate users through access to Basic Property Search, Advanced Property Search, and Interactive Map. In addition, the Website is used to facilitate, where appropriate, the delivery of direct services as provided by the NLA to its customers.
3.2 The NLA intends to maintain current and accurate information on its website. There may be occasions however, where information becomes temporarily outdated pending the receipt, scanning and posting of relevant updates. Consequently, the NLA cannot expressly warrant the accuracy of its website content on a daily basis.
3.3 The NLA reserves the right to change the information on the website and/or the products mentioned at any time without notice.
3.4 The NLA website contains links to other Websites. The NLA is not responsible for the privacy practices, services, or information residing on those websites.
3.5 Website/page design, HTML coding, interactive Web applications, scripts, and/or custom Website graphics and certain photographs are NOT public domain and require expressed permission from the NLA for use and/or implementation on any Website that is not maintained by the NLA.
4.1 Our web site has security measures in place to protect the loss, misuse, and alteration of the information under our control. Only certain employees have access to the information you provide us. They have access only for data analysis and quality control purposes. The Certification Authority Verisign, also certifies this site; our customers communicate securely using the Secure Sockets Layer (SSL - 128bit) technology, the standard for secure communications on the Web.
5. Information Sharing and Disclosure
6. Transaction security
6.1 We aim to provide a safe and convenient online shopping experience. When you make a purchase using eLandjamaica, we endeavour to safeguard the integrity of your credit card information. 6.2 If you are submitting personal details including credit card numbers, or other information over the Internet which you wish to remain private, do note that, while all attempts are made to secure information transmitted to this website, there is the possibility that information submitted maybe viewed and/or detected by a third party while in transit. 6.3 If you are uncomfortable doing business online you may make your payment at the NLA office 93 Hanover Street, Kingston, Jamaica and do business at the said address. Customer Service Representatives will assist you.
7. Service Provided “As-Is”
The NLA cannot always foresee or anticipate technical or other difficulties. These difficulties may result in loss of data or personalization settings, or other service interruptions. For this reason, you agree that the Service is provided "As-Is", without warranties of any kind. We do not assume responsibility for timeliness, errors or inaccuracies, deletion, missed delivery, or failure to store any user data, communications or personalized settings.
8. Errors and Questions
In case of errors or questions about any transaction, a user should notify us as soon as possible via one of the following: • Customer Service function available within eLandjamaica • Email us at firstname.lastname@example.org • Telephone us at (876)-750-LAND, (876)-946-LAND or 1-888-991-LAND • Write us at: Business Services National Land Agency 23 1/2 Charles Street Kingston, Jamaica If the user thinks the transaction and/or document viewed is incorrect or contains an error he/she must contact the NLA as aforementioned within seven (7) days of the transaction. Such a user must: • tell us your name and account number; • describe the error or the transaction in question, and explain as clearly as possible why you believe it is an error or why you need more information; and, Any user, who verbally contacts the NLA, may be required to send his/her complaint in writing.
9. Account Number and Password
9.1 A user of eLandjamaica will be asked to select a password when registering. This user is responsible for maintaining the confidentiality of his/her password and account number. A user is fully responsible for all activities that occur using his/her password or account number. The NLA will not be liable for any damage or loss that may be incurred as a result of the use of passwords or account numbers, either with or without the user’s knowledge. 9.2 The user agrees to immediately notify the National Land Agency of any unauthorized use of the password or account or any breach of security. 9.3 The National Land Agency will not be liable for any loss or damage arising from the user’s failure to comply with this Section.
10.1 EXCEPT AS EXPRESSLY STATED IN AN AGREEMENT BETWEEN THE USER AND THE NLA, ALL CONTENT, SERVICES, PRODUCTS AND SOFTWARE PROVIDED ON THIS WEB SITE ARE PROVIDED AS IS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE NLA, THE GOVERNMENT OF JAMAICA, ITS LICENSORS AND PROVIDERS OF DATA, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED INCLUDING WITHOUT LIMITATION THOSE OF ACCURACY, COMPLETENESS, CURRENCY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON INFRINGEMENT. THE NLA, THE GOVERNMENT OF JAMAICA AND OR LICENSORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTIAL OR PUNITIVE DAMAGES INCLUDING ANY LOSS OF PROFIT EVEN IF THE NLA, THE GOVERNMENT OF JAMAICA HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 10.2 It is not the intention of the National Land Agency to provide specific legal or other advice, but rather to provide users with information to assist in the conduct of business with our respective Offices. Specific legal or other advice will not be provided and the National Land Agency urges the user to consult with the requisite professional for the necessary guidance and advice. 10.3 USERS AGREE THAT THEY EXPRESSLY UNDERSTAND AND AGREE THAT: THE USE OF THE SERVICE IS AT THEIR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NLA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. 10.4 THE NLA MAKES NO WARRANTY THAT: 1. THE SERVICE WILL MEET THE USERS REQUIREMENTS. 2. THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. 3. THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE. 4. THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY THE USER THROUGH THE SERVICE WILL MEET THE USER’S EXPECTATIONS. 5. ANY ERRORS IN THE TECHNOLOGY WILL BE CORRECTED. 10.5 ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT THE USER’S OWN DISCRETION AND RISK AND THE USER IS SOLELY RESPONSIBLE FOR ANY DAMAGE TO HIS/HER COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION WHETHER ORAL OR WRITTEN, OBTAINED BY THE USER FROM THE NLA OR THROUGH OR FROM THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.
11.1 The user agrees to indemnify and hold the NLA, the Government of Jamaica, affiliates, officer, agents, co-branders or other partners, and employees, harmless from any claim or demand including claims for attorneys fees, made by any third party due to or arising out of the use of the Site, connection to the Site, violation of the Terms and Conditions, or violation of the rights of another, or violation of any copyright law or any other applicable laws.
12. Registration considerations
12.1 In consideration of the use of this Site, the User agrees to: a. provide true, accurate, current and complete information as required (Registration Data) and; b. maintain and promptly update the Registration Data to keep it true, accurate, and complete. 12.2 If any untrue, inaccurate, out of date or incomplete information is provided, or the National Land Agency has reasonable grounds to suspect that information is untrue, inaccurate, out of date or incomplete the National Land Agency has the right to suspend or terminate the account and refuse any and all current or future use of the Site (or any portion thereof). 12.3 The National Land Agency will not be liable for any loss or damage arising from the user’s failure to comply with this Section.
13. Obey the Law:
13.1 Users agree not to use the Service for illegal purposes or for the transmission of material that is or may be unlawful, harassing, libelous (untrue and damaging to others), invasive of another's privacy, abusive, threatening, obscene, or that infringes the rights of others. The NLA may immediately discontinue the Service if it believes you are acting in any such way.
14. ADDITIONAL TERMS AND CONDITIONS
14.1 The user cannot use the data or databases for soliciting other persons for any purpose, including any form of marketing or telemarketing, or aggregate the data for any purpose. 14.2. The Government of Jamaica owns the data and databases: the user is granted a non-exclusive right to use the data only and is not granted any ownership rights to any content in the site. 14.3. The user may view, download and print contents from the Site. 14.4. The user may not frame or use framing techniques to enclose any trademark, Logo or other proprietary information (inclusive of text, images, page layout or form) of the National Land Agency or the Government of Jamaica without the express written consent of the National Land Agency, nor use any registered tags or any other hidden text utilizing the National Land Agency logo or other proprietary graphic or trademark as part of the link, without express written permission. 14.5. The user is required to keep all personal, commercial and proprietary information, including all passwords and access codes, provided through this service strictly confidential and to maintain adequate security to protect such confidentiality at all times. 14.6. The user cannot sublicense, assign or transfer any of its rights or obligations under this License without the written permission of the National Land Agency. 14.7. The user must provide and is responsible for all equipment necessary to access the Site. 14.8. The National Land Agency or the Government may at any time change the availability of data or databases, conditions of use of this system or the license fee(s) payable for use of this system. Continued use of this system after any change will be considered acceptance of such change by the user. 14.9. The National Land Agency may terminate the user access to this service for non-compliance with any term and condition, for non-compliance with legislation or Government policy, or for non-payment of license fees on giving such notice as it determines. 14.10. Neither the National Land Agency or the Government is liable to the user for any loss or damage due to: a) use of the data or databases by the user, other than any liability imposed by legislation; b) incidental, special or consequential damages, whether direct or indirect; c) loss of investment, profits or business opportunity by the user; d) loss of access to the data or databases for any reason beyond the reasonable control of the National Land Agency; e) loss of data for any reason beyond the reasonable control of the National Land Agency; f) operational problems or system breakdown of the system providing access to this service; g) changes in availability of data, conditions of system use or license fee changes as a result of changes in legislation or Government policy; h) termination of access rights 14.11. Any material downloaded or otherwise obtained through the use of the Site is done at the users own discretion and risk and the user will be solely responsible for any damage to the users computer system or loss of data that results from the download of such material. 14.12. No advice or information, whether oral or written, obtained by the user from the National Land Agency or through or from the Site shall create any warranty not expressly stated in the Terms and Conditions. 14.13. The user agrees not to use the National Land Agency domain name as a pseudonymous return email address for any communication that the user transmits from another location or through another Site or service; and may not pretend to be someone else, or prove their identity when using the Site. 14.14. The user may submit comments and provide suggestions so long as such comment or suggestion is not obscene, illegal, threatening, or defamatory and so long as any information submitted does not invade the privacy or infringe the intellectual property of a third party. Further, such submitted information may not contain software viruses, mass mailing, chain letters, or any form of Spam. You may not use any false email address, impersonate any person or entity, or otherwise mislead as to the origin of the information.
15. NO RESALE OF SERVICE
15.1. The user agrees not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Site, use of the Site, or access to the Site. 15.2. The user hereby acknowledges the Site and any necessary software used in connection with the Site contain proprietary and confidential information that is protected by applicable intellectual and other laws. 15.3. Except as expressly authorized by the National Land Agency, the user agrees not to modify, rent, lease, loan, sell, distribute or create derivative works of information based on the Site or the software, in whole or part. 15.4. The National Land Agency grants the user a personal, non-transferable and non-exclusive right and license to use the object code of its software on a single computer; provided that the user or any third party shall not copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the software. 15.5. The user agrees not to modify the software in any manner or form, or to use modified versions of the software, including (without limitation) for the purposes of obtaining unauthorized access to the Site. 15.6. The user agrees not to access the Site by any means other than through the interface that is provided by the National Land Agency for use in accessing the Site.
16. Enforcement of Terms and Conditions
16.1 The failure of the National Land Agency to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions if found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the other provisions of the Terms and Conditions remain in full force and effect. 16.2 The section titles in the Terms and Conditions are for convenience only and have no legal or contractual effect.
17. Copyrights and Trademarks
18. Force Majeure
Users agree that the National Land Agency is not responsible for delays, damages or failures in performance due causes beyond the National Land Agency’s reasonable control including but not limited to acts of government bodies, acts of God, acts of third parties, floods, other weather related incidents, strikes or labour related disturbances or an inability to obtain equipment or services. 18. Disputes 18.1 If a dispute arises under this agreement, we agree to first try to resolve it with the help of a mutually agreed-upon mediator in the following location: Any costs and fees other than attorney fees associated with the mediation will be shared equally by each of us. 18.2 If it proves impossible to arrive at a mutually satisfactory solution through mediation, we agree to submit the dispute to arbitration. The choice of the Arbitrator is to be the joint decision of the parties to the dispute. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so.
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