By using JAMPROP you agree to the following conditions. Please read carefully.
JAMPROP is an Online Service provided by the National Land Agency (“NLA”) where users pay a fee to have access to Property Sales Data (“Data”) for the entire island of Jamaica for the period of one year from date of confirmation from NLA that you have been registered and payment of the Subscription Fee has been received. You the “USER” can access and use JAMPROP Online Services (“JAMPROP”) to conduct Data searches for your personal use or where the USER is an entity such as a company, or sole trader; for internal use within the entity. Each a “Party” and together, the “Parties”.
TERMS AND CONDITIONS of USE
The Terms and Conditions listed below govern the use of JAMPROP where the USER subscribes to JAMPROP. By completing payment of the Subscription Fee and registration for JAMPROP, the USER accepts these Terms and Conditions in full. Thereafter the NLA will grant the USER and the USER hereby accepts a non-exclusive, non-transferable and non-assignable licence to have unlimited search, access to Data and use of the Data from JAMPROP for the annual Subscription Fee as set out in the Terms and Conditions below.
1. Electronic Communications
The USER consents to receive communications from NLA electronically. The NLA will communicate with the USER by e-mail or by posting notices on JAMPROP. The USER agrees that all agreements, notices, disclosures and other communications that is provided to the USER electronically satisfy any legal requirement that such communications be in writing. The USER must retain any email from NLA as proof of NLA being in receipt of any communication from the USER.
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In order to qualify to be a USER of JAMPROP, you must be at least eighteen (18) years of age.
3. Registration Obligations
3.1 In consideration of the use of JAMPROP, 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. If any untrue, inaccurate, out of date or incomplete information is provided, or the NLA has reasonable grounds to suspect that information is untrue, inaccurate, out of date or incomplete the NLA has the right to suspend or terminate the account and refuse any and all current or future use of JAMPROP.
3.2 The USER will receive a Subscriber Number and an account designation (Username) upon completion of the registration process. Passwords will be created by the USER. The USER is responsible for maintaining the confidentiality of the password and account and is fully responsible for all activities that occur under the said password or account. The USER agrees to: immediately notify the NLA of any unauthorized use of the password or account or any breach of security. The NLA will not be liable for any loss or damage arising from the USERS failure to comply with the foregoing provisions of this Section.
3.3 Correspondence from the NLA regarding JAMPROP subscription will be sent to the USERS email that the USER provided during registration and it is the USERS responsibility to maintain their email account and regularly check for any correspondence from the USERS.
4 SUBSCRIPTION FEE
4.1 Annual Subscription Fee of Seventy-five Thousand Jamaican Dollars ($75,000.00) for our Gold Plan and Forty Thousand Jamaican Dollars ($40, 000) for six (6) months for our Silver Plan.
4.2 This is a one time Subscription Fee for the service of JAMPROP for a calendar yearor a half year from the date of confirmation by NLA. NLA reserves the right to change the fee for access to JAMPROP at any time and the USER will be notified via electronic mail.
4.3 The prospective USER will be required to show proof of payment to any officer in the Business Services Department located at 23 ½ Charles Street. For the prospective USERS who are out of town a scan / photo-copy invoice can be emailed to the contact (details as seen in Section 15).
5. ACCESS TO SERVICES
5.1 The Data will be accessed through the JAMPROP. JAMPROP will be accessed by the USER who has paid the Subscription Fee and received a Subscriber Number.
5.2 NLA reserves the right to modify JAMPROP by features being added to or withdrawn or otherwise changed by NLA without prior notice.
6. DATA
6.1 This is the Jamaica Property Sales Data for the entire island of Jamaica for the period of one year or half year from date of confirmation from NLA that you have been registered and payment of the Subscription Fee has been received.
6.2 NLA endeavours to have the Data available on JAMPROP to be as accurate as possible, however NLA does not warrant that product descriptions or other content on JAMPROP is accurate, complete, reliable, current or error free. If the Data is found to be incorrect you must notify NLA and the NLA will review the matter and if inaccuracies are found the NLA may update the Data where possible.
6.3 The Data will be available for download in Excel, Word, or PDF format only. The attributes of the Data are as follows:
6.3.1 TRANSFER
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Registration year
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Postal Location
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Title Reference
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Consideration
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Currency
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Currency Type
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Registration Date
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Competition Date
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Street Number
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Street Name
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Lot Number
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Scheme Name
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Area (Square Meter)
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Deposited Plan Number
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Land Use
6.3.2 MORTGAGE
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Registration year
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Mortgage Number
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Valuation Number
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Title Reference
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Registration Date
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Completion Date
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Mortgage Amount
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Currency Type
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Parish
6.3.3 STRATA
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Registration year
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Parish
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Premises Name
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Valuation Number
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Title Reference
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Strata Lots
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Consideration
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Currency Type
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Completion Date
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Entitlement
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Number of Lots
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Total Entitlement
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Street Number
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Street Name
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Scheme Name
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Postal Location
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Registration date
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Strata Plan
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Land Use
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RESPONSIBILITY OF THE USER AND ACCEPTABLE USE OF THE DATA
7.1 In consideration of the use of JAMPROP, the USER agrees to comply with Section 3 and adhere to the following:
7.1.1 The USER hereby acknowledges JAMPROP and any necessary software used in connection with JAMPROP contain proprietary and confidential information that is protected by applicable intellectual and other laws.
7.1.2 Where the USER is using JAMPROP on behalf of his employer, the USER represents that the USER is authorized to accept these Terms and Conditions on the employer’s behalf.
7.2 The USER is granted a nonexclusive, non-transferable, non-assignable limited right to access and use JAMPROP. The rights to each USER is as follows:
7.2.1 Make one copy of the Data for computer backup purposes;
7.2.2 Use the Data on computer equipment used, owned or leased by the USER;
7.2.3 Use, reproduce and adapt the Data for the purpose as stated in the Terms and Conditions; and
7.2.4 Combine the Data with other data held by the USER for the use as stated in the Terms and Conditions.
7.2.5 The right to electronically display Data retrieved from JAMPROP for the USERS individual use and not shared with other persons or through a network. Notwithstanding the foregoing, an USER may display a small amount of the Data on an incidental, infrequent basis for non-commercial purposes to other USERS so long as other USERS are in the same physical location and the mode of display is not through the Internet, an intranet or other types of networking communication like LANs or WANs;
7.2.6 The right to download the Data in Excel, Word, or PDF format only.
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PERMITTED USE OF DATA
The Data will be used for the personal or internal use of the USER for, but not limited to, the analysis of the Data or the completion of valuation reports or consultancy within a single entity.
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RESTRICTIONS ON USE
9.1.1 Subject to these Terms and Conditions, You agree NOT to:
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Modify, distribute, loan, republish, duplicate, copy, lease, sell, resell or use the Data in whole or in part, in any form without the written authorisation of the NLA;
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Combine the Data or any portion thereof with any other data;
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Incorporate any portion of JAMPROP software into your own programs or compile any portion of it in combination with your own programs;
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Except as expressly authorized by the NLA, the USER agrees not to modify, rent, lease, loan, sell, distribute or create derivative works of information based on JAMPROP or the software in whole or in part;
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Reproduce directly or allow the reproduction of the Data or derivative thereof where the intent is to sell without the prior written consent of the NLA;
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Use the Data for any consultancy purposes provided to or by YOU to another person or entity that is not registered subscriber;
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Assign or sub-licence the USERS rights or delegate duties to another person or entity that is not registered subscriber without the prior written consent of NLA;
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Share access to the Data in any format to any other entity or any unauthorised person or entity;
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Disseminate the Data by means that include but are not limited to; downloading; emailing; faxing; transmitting; displaying; copying and storing Data in an archival database;
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Commercialize Data or any product or service derived from or incorporating the Data for resale or redistribution in any medium or use the JAMPROP to compete with the NLA;
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Exploit goodwill of the NLA or infringe on any intellectual property owned by NLA, including but not limited to NLA’s Trademarks, service marks, or logos and the like without express written permission from the NLA;
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Omit, remove or alter the Government of Jamaica and/or the NLA copyright notification affixed thereon;
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Frame or use framing techniques to enclose any trademark, or other proprietary information of the NLA or the Government of Jamaica without the express written consent of the NLA, nor use any registered tags or any other “hidden text” utilizing the NLA logo or other proprietary graphic or trademark as part of the link, without express written permission;
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Conduct, encourage, assist or authorize any other person to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with the JAMPROP Software, whether whole or in part or create any derivative works from or of the JAMPROP Software;
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Use JAMPROP for any illegal purpose;
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Access JAMPROP through mechanical, programmatic, robotic, scripted or any other automated means;
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Conduct any systematic or automated data collection activities
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Use the Data for any other purpose unless expressly authorised in writing to do so by NLA;
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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 JAMPROP;
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To access JAMPROP by any means other than through the interface that is provided by the NLA for use in accessing JAMPROP;
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Use the NLA 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 will not pretend to be someone else, or prove their identity when using JAMPROP.
9.2. JAMPROP and the Data are protected by copyright, intellectual property laws and other laws that prevent an unauthorized access and use. If however an unauthorized person or entity accesses JAMPROP they will be governed by these Terms and Conditions and they will be have to pay for their access and use.
9.3 Subject to the Terms and Conditions, the NLA may withhold any authorization hereunder for any reason or may grant authorization subject to any condition including the payment of additional fees or royalties.
9.4 The USER agrees that they will take all necessary steps to ensure that the USERS successors and assigns are bound by the restrictions outlined in the Terms and Conditions.
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Breach of Terms and Conditions
10.1 Where the NLA reasonably suspects or has confirmed that the USER has breached any provision of these Terms and Conditions in any way, we have the option to:
10.1.1 Send you a warning;
10.1.2 Suspend or delete the USERS access to JAMPROP;
10.1.3 Remove / block the USERS access to JAMPROP;
10.1.4 Commence legal action against the USER.
10.2 Where the USERS account with JAMPROP has been suspended or deleted the USER must not take any action to circumvent the account suspension or deletion.
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FORCE MAJEURE
NLA shall not be liable shall be liable for any delay, failure in performance, loss or damage due to; fire, explosion, power blackout, earthquake, hurricane, flood, the elements, strike or other labour disturbances, interruption or delay in telecommunications or third party software or inability to obtain supplies, or power used in equipment needed for the provision of JAMPROP, acts of civil or military authority, war, insurrection, sabotage, acts of God, acts of omissions of carriers or suppliers, acts of regulatory or governmental agencies, or other causes beyond such Party’s control, whether or not similar to the foregoing, and the USERS obligation to pay for any and all charges incurred for JAMPROP shall not be excused, limited, impaired or delayed.
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DISCLAIMER AND INDEMNITY
12.1 DISCLAIMER: 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.
12.1.1 It is not the intention of the NLA 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 NLA urges the USER to consult with the requisite professional for the necessary guidance and advice.
12.1.2 Any material downloaded or otherwise obtained through the use of JAMPROP 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.
12.1.3 No advice or information, whether oral or written, obtained by the user from the NLA or through or from JAMPROP shall create any warranty not expressly stated in the Terms and Conditions.
12.2 INDEMNITY: 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 attorney's fees, made by any third party due to or arising out of the use of JAMPROP, connection to JAMPROP, violation of the Terms and Conditions, or violation of the rights of another, or violation of any copyright law or any other applicable laws.
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LIMITATION OF LIABILILTY
13.1 The NLA will not be liable for any loss or damage arising from the USERS failure to comply with these Terms and Conditions.
13.2 Neither the NLA or the Jamaican Government is liable to the USER for any loss or damage due to: use of the Data by the USER, other than any liability imposed by legislation;
1) incidental, special or consequential damages, whether direct or indirect;
2) loss of investment, profits or business opportunity by the USER;
3) loss of access to the Data for any reason beyond the reasonable control of the NLA;
4) loss of Data for any reason beyond the reasonable control of the NLA;
5) operational problems or system breakdown of the system providing access to this service;
6) changes in availability of Data, conditions of system use or license fee changes as a result of changes in legislation or Jamaican Government policy;
7) termination of access rights.
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MISCELLANEOUS
14.1 The USER agrees and acknowledges that the Government of Jamaica owns all rights, title and interest, including, but not limited to all copyright and intellectual property, in the Data and JAMPROP. The USER does not acquire any proprietary interest in the JAMPROP, the Data or copies thereof. The access granted hereunder gives the USER the right to use the Data as set out in the Terms and Conditions and is not a sale of any or all the Government of Jamaica’s right, title or interest of any kind whatsoever.
14.2 No forbearance, delay or indulgence by NLA in enforcing any or all of the Terms and Conditions shall prejudice or restrict the rights of NLA, nor shall a waiver of these rights operate as a waiver of any subsequent breach.
14.3 The Terms and Conditions shall be governed and construed in accordance with the laws of Jamaica regardless of the law that might otherwise apply under the applicable principles of conflicts of law.
14.4 The USER has the option to 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 is prohibited from containing software viruses, mass mailing, chain letters, or any form of “Spam”. The USER will not use any false email address, impersonate any person or entity, or otherwise mislead as to the origin of the information.
14.5 Should any provision of the Terms and Conditions be held to be invalid or unenforceable then it is agreed that the validity of the remaining terms will be unaffected and enforceable. The USER agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of JAMPROP or the Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred.
14.6 The NLA or the Jamaican Government has the option at any time change the availability of Data, Terms and Conditions of use of this system or the Subscription Fee payable for use of JAMPROP. NLA reserves the right to make changes to JAMPROP, our software, policies, Terms and Conditions of Use at any time. Continued use of JAMPROP after any change will be considered acceptance of such change by the USER
14.7 NLA reserves the right to change these Terms and Conditions from time to time by NLA. The USER will be notified in the following manner;
14.7.1 Via email that is listed when registering for JAMPROP and by notice on JAMPROP; and
14.7.2 Changes to the Terms and Conditions will be applied prospectively to all USERS.
14.8 The USER or NLA has the option to terminate your subscription to JAMPROP by either Party by giving the other Party five (5) day’s written notice to the email address listed for NLA at Section 15 and / or to the USERS email given at Registration.
14.8.1 The NLA reserves the right to terminate the USERS access to JAMPROP for non-compliance with any Term and Condition, for non-compliance with legislation or Government policy, or for non-payment of the Subscription Fee on giving such notice as it determines.
14.8.2 The USER may terminate their subscription by:
14.8.2.1 Not renewing their subscription; or
14.8.2.2 Serving a written Notice to Terminate the subscription
14.9 The Effect of termination:
14.9.1 The USER will immediately stop using JAMPROP,
14.9.2 Upon termination of YOUR subscription, YOU shall cease using the Data for any purpose from the date of termination.
14.10 The Terms and Conditions constitute the entire agreement between the Parties and shall supersede all prior agreements between the Parties relating to the Data.
14.11 All sections and paragraph captions are inserted only as a matter of convenience and in no way amplify, define, limit constitute or describe the scope or intent of the Terms and Conditions nor in any way affect these Terms and Conditions.
15. Contact Details for NLA
Contact person:Charmaine Hewitt
Address :23 ½ Charles Street, Kingston, Jamaica
Contact No: (876)-750-5263
Email Address: jampropsales@nla.gov.jm