Terms and Conditions
Property Watch Service
PARTIES: NATIONAL LAND AGENCY (NLA)
AND USER of Property Watch Service,
a Subscriber to the Property Watch Service, a product of the NLA
- The Registrar of Titles maintains a register of land titles relating to land in Jamaica. The information relating to this land is owned by the NLA.
- The User seeks to be notified of any transaction(s) being lodged against subscribed Certificate(s) of Title.
- The User requests and the NLA agrees to notify the subscriber within twenty-four (24) hours of any transaction that has been lodged against the Certificate(s) of Title being watched.
By using www.jamaicapropertywatch.com, the User agrees to the terms and conditions set out below. Please read the terms and conditions carefully.
IT IS AGREED by the parties as follows:
INTERPRETATION; DEFINITIONS & GENERAL
- User: a customer approved by the NLA to subscribe to the Property Watch Service. The customer must be one of the following; the registered proprietor, Personal Representative, Attorney-at-Law acting for and on behalf of the registered proprietor or person(s) authorized by the registered proprietor to monitor transactions lodged against subscribed Certificate(s) of Title.
- Property Watch Service is an Alert Service where the User will receive automatic notifications via e-mail (and in a subsequent phase of the service via e-mail and texts) regarding any activity pertaining to any Certificate(s) of Title listed in their account in order to verify that activity.
- Data: Information that is stored and available on the NLA Website.
- Product: refers to any product that the NLA may have on their Website from time to time that is available to the User, such as eLandjamaica and iMapjamaica.
- Refund Application: This application is located on the Website and outlines the required information when applying for a refund after cancellation by the User of the Property Watch Service.
- Registration Data: Any information that the subscribing User is required to provide to register for the Property Watch Service.
- Website / Site: The NLA website of www.jamaicapropertywatch.com.
- General: In this Agreement, unless a contrary intention is expressed:
- References to legislation or provisions in legislations include reference to amendments or re-enactments of them and to all regulations and instruments issued under the legislation;
- Words importing a gender include the others; words in the singular number include the plural and vice versa; and where a word or phrase is given a particular meaning, other parts of the speech and grammatical forms of that word or phrase have corresponding meanings;
- The word “include” is not to be construed as a word of limitation;
- Headings have no effect on the interpretation of the provisions; and
- An obligation imposed by this Agreement on more than one person binds them jointly and severally.
IT IS AGREED by the parties as follows:
The NLA provides the User with access to the Property Watch Services on the Website in accordance with the provisions of this Agreement. The User when subscribing to Property Watch Service will complete the application form online, upload certified documentary proof of ownership or authorization and proof of identity and when the application is approved the User will receive a unique identifier number, which will be their account number. This account number and password will be entered in the NLA Website to log in and access the User’s account information.
The User must only use
the Property Watch Services for the purpose
of accessing and obtaining notification when a dealing, that is, a transaction submitted for registration, is lodged against a Certificate of Title or multiple Certificates of Title. The User may check their account and or receive the notification in the prescribed manner which will list the following; Certificate of Title(s) concerned, the lodgement number(s) of the dealing(s), date of lodgement, name of person lodging the dealing and the prescribed time in which to alert NLA if the transaction is not
for any uses incidental to the purpose specified in clause 1.2.1;
otherwise in accordance with the provisions of this Agreement.
The User may change the category of subscriber during the subscription period, through the Customer Service function within the Website or via e-mail at email@example.com
Failure by the User to comply with any provision of this Agreement constitutes a breach by the User. The User must ensure that;
only the User has access to the account with Property Watch Services and that where there is a nominated agent, that person is authorized to accept the terms, conditions and policies on the User’s behalf, and
any log-in information, passwords and security devices for access to the Property Watch Services is kept confidential and is not disclosed to anyone who is not authorized to access the Property Watch Service, and
the User complies with the provisions of this Agreement.
The User acknowledges that its access to the Property Watch Services may be interrupted for maintenance or another operational reason.
The User must promptly report to NLA any fault that the User experiences while accessing the Property Watch Service.
The User consents and agrees to be bound and become a party to this Agreement by commencing use of the Property Watch Service and subsequently continuing to use of any of the aforementioned service. These terms conditions and policies may be modified or amended from time to time without notice. It is the responsibility of every User to check for amendments and/or modifications. The current and binding terms of this Agreement will be set forth on the Website. The User’s continued use of this Property Watch Service thereafter constitutes an acceptance of the changes and an agreement to be bound by said changes. Where a User does not agree to the amendments they may terminate their subscription to the use of the Property Watch Service, as per the process is outlined in Clause 9.3.2.
2. Account Number and Password
2.1 A User of the Property Watch Service 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.
2.2 The User agrees to immediately notify the NLA of any unauthorized use of the password or account or any breach of security.
2.3 The NLA will not be liable for any loss or damage arising from the User’s failure to comply with this section.
3. Electronic Communication
The User agrees that all communication provided by the NLA to the User will be mainly by electronic mail (email) and that all email communication from the NLA will satisfy any legal requirement that such communications be in writing.
The NLA may have information related to a Users past use of NLA products and services. This may include personal information about the User that is not publicly available and personally identifiable, such as the User’s name, address and email address. The NLA is committed to the privacy of your information.
The NLA will not share the User’s information with third parties and will not sell, barter, or rent your email address to any unauthorized third party.
The NLA will from time to time, update statements regarding or in relation to User privacy in order to reflect changes in our services and customer feedback.
The NLA reserves the right to collect information to enhance the visit of the User to our Website and deliver more individualized content and advertising.
NLA reserves the right to use information that does not personally identify the User. The information will be used to enhance our Website and services.
Only certain employees have access to the information that the User provides to NLA. They have access only for data analysis and quality control purposes.
5. Information Sharing and Disclosure
NLA is a Government Agency and does not rent, sell, or share personal information about the User with other people or legal personas, except to provide products or services the User has requested, when we have permission from the User, or under the following circumstances:
- to respond to subpoenas, court orders, or legal process, or to establish or exercise our legal rights or defend against legal claims;
- in compliance with the guidelines of the Access to Information Act, July 2005
- to share information in order to investigate, prevent, or take action regarding illegal
The NLA may use the User’s information to send advice on products or services offered by NLA and to send the User relevant survey invitations related to the NLA services.
6. Transaction security
The NLA aims to provide a safe and convenient online subscription experience. When the User subscribes to the Property Watch Service, NLA endeavours to safeguard the integrity of the User’s credit card information. The NLA does not retain the User’s Credit Card information.
The Website has security measures in place to protect the loss, misuse, and alteration of the information under our control. In keeping with Clause 4.6, only certain employees will have access to the information provided to the NLA. NLA employees will only have access for data analysis and quality control purposes. The NLA Website is certified by the Certification Authority Verisign, and communication by the User will be secured by the Secure Sockets Layer (SSL - 128bit) technology.
If the User is submitting personal details including credit card numbers or other information over the Internet which the User wishes to remain private, do note, that while all attempts will be 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.
The User may apply for the Property Watch Service in person by visiting the Business Services Division at 23 ½ Charles Street, Kingston with the relevant documentary proof of ownership/authorization and proof of identity.
The User must:
not alter, delete or otherwise interfere with any information contained on the Property Watch Service, and
protect and keep secure any record of information in any form obtained by or received from Property Watch Services, and
effect and maintain adequate security measures to safeguard the Property Watch Service including but not limited to, any log-in information and passwords for access to Property Watch Services, and
not disclose to any person, other than the authorized nominated agent, any log-in information or passwords, and
immediately notify NLA of any misuse or breach of the security requirements for Property Watch Services that the User knows or suspects to have occurred.
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, the User agrees that the Property Watch Service is provided "As-Is", without warranties of any kind. The NLA does 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 must
notify the NLA as soon as possible via the Customer Service function within the Website or via email at firstname.lastname@example.org
and may also contact the NLA via one of the following:
Telephone us at (876)-750-LAND, (876)-946-LAND or 1-888-991-LAND
Write us at:
Business Services Division
National Land Agency
23 1/2 Charles Street
If the User encounters any difficulty in accessing any of the Property Watch Service then he/she must contact the NLA as aforementioned immediately. Such a User must:
- state his/her name and account number;
- describe the error or difficulty and explain as clearly as possible why they believe it is an error or why there is a need clarification; and,
Any User, who verbally contacts the NLA, will be required to send his/her complaint in writing.
8.3 Customer Service queries made to email@example.com
will be responded to within two days of the query being received.
9. Refund, Suspension & Cancellation Policy
If a refund is required, a Refund Application must be submitted to the Registrar of Titles c/o the Land Titles Division, 93 Hanover Street Kingston, along with the effective date of cancellation of the service and the relevant receipt must be submitted with the Application. Approval of a refund is solely at the discretion of the Registrar of Titles and pro-rated amounts may be refunded where applicable.
Should a refund be required the User must give NLA at least four (4) weeks notice of their intention to cancel their subscription.
The NLA may give a refund if the User’s credit card has been charged an extra erroneous amount. However, refunds are given only at the discretion of the NLA. The User must provide evidence to substantiate their claim for a refund. The User must supply all the information requested by the NLA to investigate and/ or facilitate the determination of a refund.
All requests to negate charges are investigated by our technical and legal department. If a User makes a fraudulent claim of unauthorized card usage, we will report this to the relevant authorities.
The NLA reserves the right to modify this Refund Policy at its discretion or against any User it believes is abusing this policy. Any such revision or change will be binding and effective immediately after posting of the revised Refund Policy on the NLA’s website of www.nla.gov.jm. The User agrees to periodically review our websites, including the current version of our Refund Policy. Our Refund Policy is made available on our websites. It is your obligation to review our Refund Policy for any such revisions.
The NLA has the right to suspend this Agreement and a Users Account
the User is in breach of a provision of this Agreement;
access to the Property Watch Services is or will be interrupted for or operational reasons;
the User is more than one month in arrears for his / her subscription payment.
may terminate this Agreement for default at any time by notice via email to the User, where:
the NLA ceases to operate the Property Watch Service; or
The NLA may terminate the User access to this Property Watch Service for non-compliance with any term and condition, for non-compliance with legislation or Government policy, or for non-payment of fees on giving such notice as it determines.
This Agreement may be terminated after four (4) weeks have elapsed since the User gave written notice to NLA of their intention to terminate their access to the Property Watch Service, except where in the circumstances explained in Clause 13 and Clause 16 where the NLA may immediately terminate a User account.
Nothing in this Clause 9 prejudices any other rights or remedies of the NLA in respect of any breach of this Agreement.
THERE ARE NO EXCEPTIONS TO THIS CANCELLATION POLICY
10. Disclaimer of Warranties and Limitation of Liability
USERS AGREE THAT THEY EXPRESSLY UNDERSTAND AND AGREE THAT:
THE USE OF THE SERVICE OF PROPERTY WATCH 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.
THE NLA MAKES NO WARRANTY THAT:
- THE SERVICE WILL MEET THE USERS REQUIREMENTS.
- THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
- THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE.
- 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.
- ANY ERRORS IN THE TECHNOLOGY WILL BE CORRECTED.
10.3 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.
10.4 Neither the NLA or the Government is liable to the User for any loss or damage due to:
a) use of the Data 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 for any reason beyond the reasonable control of the NLA;
e) loss of Data for any reason beyond the reasonable control of the NLA;
f) operational problems or system breakdown of the system providing access to this s Property Watch Service;
g) changes in availability of Data, conditions of system use or fee changes as a result of changes in legislation or Government policy;
h) termination of access rights
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, costs and expenses and for all harm, loss or damage to persons or property caused by the User in connection with the performance of the User’s obligations under this Agreement or under any applicable law, except to the extent that NLA is responsible for the relevant loss or damage.
11.2 The User, at his / her expense, make good the amount of all claims, harms, loss, damage, costs and expenses the subject of the indemnity in clause 11.1 and the NLA may deduct the amount or any part of it from any moneys due or becoming due to the User.
12. Registration Considerations
12.1 In consideration of the use of this Website, the User agrees to:
12.1.1 provide true, accurate, current and complete information as required (Registration Data) and;
12.1.2 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 by the User, or the NLA has reasonable grounds to suspect that information is untrue, inaccurate, out of date or incomplete the NLA has the right to suspend or terminate the account and refuse any and all current or future use of the Website (or any portion thereof).
12.3 The NLA will not be liable for any loss or damage arising from the User’s failure to comply with this section.
13. Obey the Law:
Users agree not to use the Property Watch Service for illegal purposes or for the transmission of material that is or may be unlawful, harassing, libellous (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 Property Watch Service if it believes that the User is acting in any such way.
14. ADDITIONAL TERMS AND CONDITIONS
14.1. The User cannot assign or transfer any of its rights or obligations under this Agreement without the written permission of the NLA.
14.2 The NLA or other agencies of the Government of Jamaica may at any time change the availability of Data, conditions of use of this system or the 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.
14.3. The User agrees not to use the NLA domain name as a pseudonymous return email address for any communication that the User transmits from another location or through another website or service; and may not pretend to be someone else, or refuse to prove their identity when using the Website.
14.4. The User may not use any false email address, impersonate any person or entity, or otherwise mislead as to the origin of the information.
15. Enforcement of Terms and Conditions
15.1 The failure of the NLA 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.
15.2 The section titles in the Terms and Conditions are for convenience only and have no legal or contractual effect.
16. Copyrights and Trademarks
16.1 The NLA authorizes the User to view and download the materials in this Property Watch account only for the personal and non-commercial use of the User.
16.2 The User may not modify the Data on this Website in any way.
16.3 The Data in this Website is copyrighted and contains our Trademarks, and any unauthorized use of any Data will violate NLA Copyright and Trademark.
16.4 Where a User’s action causes a breach any of these terms and conditions, the User’s authorization to use this Website automatically terminates and the User must immediately destroy any downloaded or printed materials.
17. Entire Agreement
This Agreement comprises the entire agreement between the parties in relation to the subject matter of the Agreement and supersedes any prior representations, negotiations, writings, memoranda and agreements.
Any provision of this Agreement that is illegal, void or unenforceable will not form part of this Agreement to the extent of that illegality, voidness or unenforceability. The remaining provisions of this Agreement will not be invalida6ted by an illegal, void or unenforceable provision.
19. No Waiver
Failure or omission by the NLA at any time to enforce or require strict timely compliance with any provision of this Agreement will not affect or impair that provision in any way or the rights and remedies that the NLA may have in respect of that Provision.
20. Governing Law
This Agreement is governed by and construed in accordance with the law for the time being in force in Jamaica and the parties submit to the exclusive jurisdiction of the court of Jamaica.
21. Force Majeure
Users agree that the NLA is not responsible for delays, damages or failures in performance due causes beyond the NLA’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.
22.1 If a dispute arises under this Agreement, the NLA and the User agrees to resolve it with the help of a mutually agreed-upon mediator in the following location:
The Dispute Resolution Foundation of Jamaica
5 Camp Road
22.2 Any costs and fees other than attorney fees associated with the mediation will be shared equally by each of the parties.
22.3 Should the parties fail to arrive at a mutually satisfactory solution through mediation, the parties 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.
Any notice will be deemed to have been given in the following situations:
23.1 if sent by electronic mail to the User’s email address given in the Registration Data for Property Watch Service; or
23.2 if sent electronically via Customer Service function available within the Property Watch Service or via email at property to firstname.lastname@example.org.