TERMS AND CONDITIONS
(for User of Self-Service Terminal and Ad Hoc User of IRIS Online Services)
Index of Contents
|1 to 3||Definitions and Effect of Terms and Conditions|
|4 to 5||Services to be Provided by IRIS Online Services|
|6 to 7||Fees Chargeable|
|8 to 11||Mode of Payment|
|13||Limitation on Total Value or Quantity of Orders|
|14 to 17||Security Measures for Online or Electronic Payment|
|18||Suspension or Rejection of Order|
|19||No Warranty on Accuracy of Information Obtained from External Sources and Used for Lot Register Searches|
|20 to 22||Restriction on Use of Product and Service Provided|
|23 to 25||Exemption Clauses|
|26 to 28||Time & Place of Contract|
|29 to 30||Applicable Language|
|31||Applicable Law and Jurisdiction of Court|
|Annex||Personal Information Collection Statement|
Definitions and Effect of Terms and Conditions
1. In this Terms and Conditions -
"T&C" means this Terms and Conditions (which includes the Personal Information Collection Statement in the Annex) set out in this web page.
"IRIS" means the Integrated Registration Information System of the Land Registry.
"IRIS Online Services" means the online services provided by the Land Registry to Ad Hoc Users and Users of Self-Service Terminals as mentioned in Clause 4 of the T&C.
"Ad Hoc User" means a user who gains access to the IRIS Online Services through the Internet otherwise than as a subscriber holding an IRIS Online Services Subscriber Account with the Land Registry.
"User of Self-Service Terminal" means a user who obtains specific types of online services through self-service terminals provided by the Land Registry.
"user" may refer to Ad Hoc User or User of Self-Service Terminal or both as the context may require or permit.
2. Acceptance of your order under the IRIS Online Services is subject to your agreement to the T&C and your compliance with the directions displayed on the screen layout. You shall read the T&C and indicate your acceptance or not by clicking the 'Agree' or 'Do Not Agree' button printed at the end of this web page. If you click 'Do Not Agree', it will bring you back to the Order List-Confirmation screen for your further consideration.
3. The heading of each clause in the T&C is added merely for the sake of reference. It does not affect the interpretation or construction of that clause.
Services to be Provided by IRIS Online Services
4. Subject to payment and compliance with all provisions in this T&C and any other directions displayed on the screen layout, the following IRIS Online Services will be available to you, namely,
4.1 If you are an Ad Hoc User,
4.1.1 to view on browser the selected land registers, imaged instruments and plans, and unposted memorial information kept and maintained by the Land Registry;
4.1.2 to download or to order delivery by various means (including by fax, by post, by e-mail and counter collection) of the selected land registers, imaged instruments and plans, and unposted memorial information; and
4.1.3 to have other types of services from time to time announced by the Land Registry.
4.2 If you are a User of Self-Service Terminal,
4.2.1 through the self-service terminals provided by the Land Registry, to order delivery of the selected land registers, certain classes of imaged instruments and plans, and the unposted memorial information; and
4.2.2 through the self-service terminals, to have other types of services from time to time announced by the Land Registry.
If a user needs to gain access to the IRIS Online Services through the Internet, the user shall at his own costs make his own arrangements with the Internet, mobile or other telecommunication service providers for the connection and disconnection of such access to the IRIS Online Services. The user shall also at his own costs make arrangement for the necessary computer hardware, software, communications link, equipment and devices as may be required for the access to the IRIS Online Services.
5. Different classes of products and services may be restricted to different classes of users at the absolute discretion of the Land Registry. Subject to any change without prior notice, the respective operation and service hours of the IRIS Online Services and the Self-Service Terminals shall be published by the Land Registry from time to time on the websites at http://www.landreg.gov.hk and http://www.iris.gov.hk. For the IRIS Online Services, the Land Registry may from time to time prescribe different closing hours for different types of services to be a time earlier than the close of operation of the service website at http://www.iris.gov.hk in each day.
6. Fees and charges payable on various types of products and services provided by the IRIS Online Services shall be at such rates from time to time published by the Land Registry on the websites at http://www.landreg.gov.hk and http://www.iris.gov.hk. All fees and charges are subject to change without prior notice.
7. Fees and charges shall be fully paid by you or charged to your credit/debit card or other card account for online or electronic payment before your order is executed.
Mode of Payment
8. All fees or charges chargeable for any product or service of the IRIS Online Services are in Hong Kong currency unless otherwise stated or shown. All transactions relating to the IRIS Online Services shall be made in Hong Kong currency.
9. You may select one of the permitted modes of online or electronic payment displayed on the relevant screen layout. You shall ensure appropriate arrangements with the relevant financial institution as to confirmation, approval or authorisation necessary for payment of your order.
10. The Land Registry shall not accept any liability or responsibility for any delay or failure in confirmation, approval or authorisation of online or electronic payment due to any break down, non-function, mal-function or any other fault of the hardware or software of the system, network, equipment or device involved in connection with the processing or effecting of the online or electronic payment.
11. The Land Registry reserves the right of recourse against you for any fee or charge of an executed order which has not been effectively paid or credited to the Land Registry by the relevant financial institution of your card or card account.
12. The Land Registry adopts a general policy that all fees and charges paid by a user or charged to a user for any product or service provided under the IRIS Online Services are non-refundable. Remedy is restricted to replacement of the product or service only.
Limitation on Total Value or Quantity of Orders
13. The Land Registry may from time to time without prior notice impose a limit on the total value or the total quantity of each order or orders from a user at any one time or for any interval of time. Such limitation may be built in the IRIS without being shown on any screen layout. All orders placed by you shall be subject to such limitation.
Security Measures for Online or Electronic Payment
14. IRIS Online Services website supports the use of Transport Layer Security ("TLS") encryption technology which is an industry standard for data encryption over the Internet.
15. Each financial institution has prescribed its own security measure as regard the use of credit/debit card or any other card for online or electronic payment to the Land Registry through the Internet and the IRIS. The user should satisfy himself with the security measure adopted by the relevant financial institution of his card or card account before he employs a particular mode of online or electronic payment.
16. If any particular protocol of a security measure or its abbreviation (e.g. TLS = Transport Layer Security) is named on the screen layout in relation to any particular mode of online or electronic payment, it is only based on the information provided by the relevant financial institution. The Land Registry shall not accept any liability or responsibility to the user for any loss or damages, whatsoever and howsoever arising, suffered by a user choosing that particular mode of payment.
17. To the extent permitted by the law, the Land Registry shall not be liable or responsible for any fraud or unlawful activities practiced by a third party or any loss and damages inflicted to the user by any third party on your card or card account arising out of or in connection with your use of the IRIS Online Services.
Suspension or Rejection of Order
18. The Land Registry may without any prior notice reject or cancel any request for order or suspend the provision of the IRIS Online Services, including but not limited to the suspension or execution of any order whenever the IRIS detects any actual or suspected automatic retrieval or downloading of data or any sign, message or signal indicating that the hardware or software of the IRIS and its connected system, network, equipment or device might be exposing to any risk of being adversely affected, disturbed or damaged, whether it is physically or functionally, directly or indirectly, or temporarily or permanently.
No Warranty on Accuracy of Information Obtained from External Sources and Used for Lot Register Searches
19. For search of land register of a lot ("lot register") which can only be identified by its lot number and which cannot be located in the IRIS by means of its street address only, the Land Registry may make use of information obtained from external sources (such as the Rating and Valuation Department) to identify the relevant lot register matching with the address as provided by you. This is entirely an extra free service provided to customers with a view to facilitating searches. The information from external sources might not be free from error or omission and the lot register thus identified might not be the one intended to be searched by you. No warranty, express or implied, is given by the Land Registry that the information from the external sources, the use of any such information by the Land Registry and the matching procedure are free from any error or omission. Before you act on a land search obtained from such matching procedure, you must check carefully against your other sources of information to ensure that the lot register identified is the one wanted by you. The Land Registry will not accept any liability or responsibility for any loss or damages, whatsoever and howsoever arising, due to any error or omission of the information obtained from external sources, or in the use of such information and the matching procedure. The Land Registry may edit the whole or any part of the existing information from external sources, or suspend the matching procedure, at any time in its absolute discretion without giving any reason or prior notice to you.
Restriction on Use of Product and Service Provided
20. Unless otherwise indicated, the software, data and documentation of any product or service provided by the IRIS Online Services shall be subject to the copyright and other intellectual property rights of the Government of HKSAR. Unless express permission or licence is given in writing by the Land Registry, no product or service obtained by you from the IRIS Online Services shall be stored or used for any purpose other than your own private use. You shall not lend, lease, license or re-sell any product (including any data therein) or service obtained from the IRIS Online Services, nor shall you copy or transmit any such product or service for the use by any other person if such use is not forming part of your own private use.
21. You shall not use the IRIS Online Services or any product or service obtained thereunder for any activity which is unlawful or illegal, or which is objectionable as determined by the Land Registry absolutely. In particular, they shall not be used for any activity or purpose in violation of any provisions of the Personal Data (Privacy) Ordinance (Cap.486) or the Copyright Ordinance (Cap.528).
22. If you are a user outside Hong Kong, you shall be responsible for ensuring that the product or service ordered by you from the IRIS Online Services may be lawfully transmitted or delivered to the destination named by you, and that all necessary import/export declaration or tax procedure has already been cleared by you for yourself as well as for the sender of the product or the supplier of the service. You shall keep the Land Registry fully indemnified and no harm against all adverse consequences and all loss and damages arising out of any breach of this condition.
23. To the extent permitted by law, the Land Registry shall not be responsible to the user or any third party for any loss or damages, whatsoever and howsoever, arising out of or in connection with your access to the IRIS Online Services. Without limiting the generality of the foregoing statement, the Land Registry shall not be responsible for any loss or damages arising out of or in connection with the following :-
23.1 any breakdown, suspension, non-function, mal-function, or any other fault or interruption of operation of the IRIS and its connected system, network, equipment or device;
23.2 any error, omission, inaccuracy or deficiency of data arising out of or in connection with the processing or transmission of data via the IRIS or its connected system, network, equipment or device;
23.3 any suspension or delay in execution of any order or provision of any service under the IRIS Online Services; and
23.4 any damage caused to the hardware or software of your network, computer, modem, telephone system, equipment, mobile phone or other devices as a result of your access to the IRIS Online Services.
24. The IRIS is an electronic information system with connection to various networks provided by third parties. The Land Registry shall be under no obligation to assist any user to trace or locate the source of any of his complaint or alleged problem relating to the design or operation of the hardware or software of the IRIS and its connection system, network, equipment and device, nor shall the user be entitled to check or inspect any of them for such or other purposes (including any litigation purposes connecting with it).
25. The Land Registry gives no warranty that any product or service ordered by you shall be delivered in time or on time for any specific purpose or purposes of your need.
Time & Place of Contract
26. For users who pay by means of cash, electronic cash or debit card with instantaneous payment to the Land Registry, the order shall be deemed to have been concluded at the moment the payment is accepted by the Land Registry.
27. For users who pay by means of credit card or similar device, the order shall be deemed to have been concluded at the moment the relevant financial institution has effectively conveyed to the Land Registry its confirmation, approval or authorisation of the payment of the particular order or transaction.
28. In all cases, the agreement between the user and the Land Registry shall be, or be deemed to be, a contract made in Hong Kong.
29. All negotiation or processing of orders or transactions under the IRIS Online Services will be conducted in a medium of English or Chinese or both, and all data, characters, symbols or signals of any foreign languages entered or transmitted into the IRIS relating to the IRIS Online Services may be read and interpreted on that basis.
30. Unless the context otherwise requires, words and expressions importing masculine gender shall be interpreted as including neuter or feminine gender and vice versa; and words and expressions in the singular shall include the plural and vice versa.
Applicable Law & Jurisdiction of Court
31. This T&C shall be governed by and construed according to the laws of the HKSAR. Any disputes between the parties arising out of this T&C shall be submitted to the adjudication by a court or tribunal of competent jurisdiction of the HKSAR.
PERSONAL INFORMATION COLLECTION STATEMENT
Purpose of Collection
1. The personal data collected in the Order List will be used by the Land Registry for the following purposes :-
1.1 to carry out activities relating to the provision of services by the Land Registry;
1.2 to facilitate communications; and
1.3 to produce statistics relating to the Land Registry's services.
You understand that the provision of your personal data is voluntary. If you fail to provide information as required in the Order List, the Land Registry may not be able to provide the requested service.
Please do NOT provide any personal data (including personal data relating to third parties) which are not specifically required to be submitted. Where information of any third party is included in the Order List, the Land Registry will treat that you have obtained consent from such third party to disclose such information for the purposes above.
Disclosure of Personal Data
2. You understand that the personal data provided in the Order List may be disclosed or transferred to parties relevant where such disclosure or transfer is necessary for any purpose as stated in paragraph 1 above.
Access to Personal Data
3. You understand that pursuant to Sections 18 and 22 and Principle 6 of Schedule 1 to the Personal Data (Privacy) Ordinance (Cap.486) ("PDPO"), you have the right to request access to and correction of your personal data held by the Land Registry. Under the PDPO, the Land Registry is entitled to charge a fee to process the said request. Any such request shall be made to the Personal Data (Privacy) Officer of The Land Registry at 28th Floor, Queensway Government Offices, 66 Queensway, Hong Kong.