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Terms and Conditions for the provisions of Mining Searches
by Mining Search Services Ltd
(hereafter referred to as “miningsearch”)
Welcome to the www.miningsearch.co.uk website Terms and Conditions for use. These Terms and Conditions apply to the use of the website and by accessing the website and/or placing an order you agree to be bound by the Terms and Conditions set out below. If you do not agree to be bound by these Terms and Conditions you may not use or access the website. We do occasionally update these terms so please refer back to them in the future.
Use Of Website
1. You are permitted to use www.miningsearch.co.uk (hereafter known as “the website” ) for your own purposes and to print and download material from the website provided that you do not modify any content without our consent. Material on the website must not be republished online or offline without our permission.
The copyright and other intellectual property rights in all material on the website are owned by us or our licensors and must not be reproduced without our prior consent.
Website Uptime
2. We take all reasonable steps to ensure that the website is available 24 hours every day, 365 days per year. However, websites do sometimes encounter downtime due to server and, other technical issues. Therefore we will not be liable if the website is unavailable at any time.
The Website may be temporarily unavailable due to issues such as system failure, maintenance or repair or for reasons beyond our control. Where possible we will try to give our visitors advance warning of maintenance issues but shall not be obliged to do so.
Visitor Conduct
3. With the exception of personally identifiable information, the use of which is covered under our Privacy Policy , any material you send or post to the Website shall be considered non-proprietary and not confidential. Unless you advise to the contrary we will be free to copy, disclose, distribute, incorporate and otherwise use such material for any and all purposes.
When using the website you shall not post or send to or from the website any material
for which you have not obtained all necessary consents;
that is discriminatory, obscene, pornographic, defamatory, liable to incite racial hatred, in breach of confidentiality or privacy, which may cause annoyance or inconvenience to others, which encourages or constitutes conduct that would be deemed a criminal offence, give rise to a civil liability, or otherwise is contrary to the law in the United Kingdom;
which is harmful in nature including, and without limitation, computer viruses, Trojan horses, corrupted data, or other potentially harmful software or data.
We will fully co-operate with any law enforcement authorities or court order requiring us to disclose the identity or other details of any person posting material to the website in breach of Paragraph 3.
Links to and from Other Websites
4. Any links to third party websites located on the Website are provided for your convenience only. We have not reviewed each third party website and have no responsibility for such third party websites or their content. We do not endorse the third party websites or make representations about them or any material contained in them. If you choose to access a third party website linked to from the Website, it is at your own risk.
If you would like to link to the website, you may only do so on the basis that you link to, but do not replicate, any page on the website, and subject to the following conditions:
you do not in any way imply that we are endorsing any services or products unless this has been specifically agreed with us;
you do not misrepresent your relationship with us or present any false information about us;
you do not link from a website that is not owned by you; and
your website does not contain content that is offensive, controversial, infringes any intellectual property rights or other rights of any other person or does not comply in any way with the law in the United Kingdom.
If you choose to link to our website in breach of Paragraph 4 you shall fully indemnify us for any loss or damage suffered as a result of your actions.
Website Disclaimer
5. We take all reasonable steps to ensure that the information on the Website is correct. However, we do not guarantee the correctness or completeness of material on the Website. We may make changes to the material on the Website at any time and without notice. The material on the Website may be out of date, or on rare occasions incorrect and we make no commitment to ensure that such material is correct or up to date.
The material at the Website is provided without any conditions or warranties of any kind. To the maximum extent permitted by law, we provide access and use of the website on the basis that we exclude all representations, warranties and conditions which but for these Terms may have effect in relation to the Website.
Access
6. You are provided with access to the Website in accordance with these Terms and Conditions and any orders placed by you must be placed strictly in accordance with these Terms and Conditions.
Registration
7. Users warrant that the personal information which they are required to provide when they register as a customer is true, accurate, current and complete in all respects. Users also warrant to notify miningsearch immediately of any changes to the personal information by contacting the miningsearch team by email at enquiries@miningseach.co.uk or by telephone on 01736 788880. Registered users can do this online.
You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.
Indemnity
8. You agree fully to indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the Terms and Conditions by you or any other liabilities arising out of your use of the website, or the use by any other person accessing the Website using your account and/or your Personal Information
Our rights
9. We reserve the right to:
Modify or withdraw, temporarily or permanently, the website (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or
Change the Terms and Conditions from time to time, and your continued use of the Website (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Terms and Conditions have been changed. If you do not agree to any change to the Terms and Conditions then you must immediately stop using the Website.
Payment
10. All prices are subject to VAT at the current rates and are correct at the time of entering the information onto the system. The total cost of your order is the price of the Reports ordered plus VAT. Payment can be made by any of the methods specified in the Service Description section of the website.
The Authority cannot guarantee to cancel a search once a request has been made. No refund or transfer of fee (or part thereof) will be made once a search has been logged onto the Authority's computer system.
Compliance with laws
The Website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and any transactions conducted on or through the Website.
12. Mining reports will be provided subject to these terms and conditions. Reports will be based on, and limited to, records in the possession of miningsearch at the time the search is answered. The records available to miningsearch are constantly updated and added to the relevant computer database. Miningsearch will make use of the most up to date records held. However, no warranty is given or representation made that such records will be accurate or not become obsolete or incorrect over any period of time. Reports will be given in the belief that they are in accordance with the information available to miningsearch at the time of giving the Report but on the distinct understanding that miningsearch is not legally responsible for them except for negligence. For the avoidance of doubt the legal responsibility for Report content derived from third party data providers other than miningsearch, will be the responsibility of the relevant third party and will be subject to the specific terms and conditions of the relevant third party data provider and not the terms set out in this clause on behalf of miningsearch.
13.It is the responsibility of the person by or for whom a Report is requested to specify the property for which a report is required and to make clear the full extent of the property boundary i.e. buildings and associated land.
14. Miningsearch own copyright in Reports. The information used to write the Report is protected by miningsearch's database rights. All rights are reserved and unauthorised use is prohibited. Copyright and other Intellectual Property is not transferred to external parties by possession of a report, however, recipients of Reports can use them for their own purposes. Copyright in any third party data contained within the Reports other than that owned by miningsearch is with the third party data provider.
15. Reports are provided for the stated purpose and for the sole use of the named client(s). It is confidential to the named client(s) and their professional advisors. Miningsearch accepts responsibility to the named client(s) alone.
Mining Search Services Records
16. The records in the possession of miningsearch are derived from a number of sources and are of various ages, scales, condition, etc. As a consequence information sourced from such records is of variable reliability. Additionally, in any particular area there may be information held by others as to historical mining which is not also in the possession of miningsearch. In the circumstances miningsearch is unable to give any warranty and makes no representation that the information comprised in the records in its possession is complete, accurate, exhaustive or reliable.
17. In certain instances (usually relating to older records in the custody of miningsearch) it has been necessary for miningsearch to make assumptions as to the most probable ('best plot') positions of mine workings.
Third Party Data
18.Where additional data from third party data providers is included within or combined with Reports the provision of this data is subject to the terms and conditions of the third party data holder.. In the event of any conflict of meaning or effect for the avoidance of doubt miningsearch’s terms and conditions take precedence over any third party terms and conditions in so far as they relate to miningsearch.
Liability
19. With regard to liability, if any,for negligence, any service related error or error in the metalliferous mining information replies contained in the Reports is the responsibility and liability of miningsearch.
20. Any liability of miningsearch for negligence in giving Reports shall extend for the benefit of not only the person by or for whom the report is made but also of a person to whom a purchaser's interest may be assigned and who or whose agent had knowledge before the date of such assignation, of the contents of the report. Such extension of liability to another (who did not purchase the report from miningsearch) is limited to a purchaser, lessee or mortgagee of the property and not others (e.g. other recipients of Reports on title etc).
21. Subject always to clause 7 there is no time protection afforded to Reports. Whether a person can rely on a past report of a particular property (whether purchased by that same person or another) depends upon all the circumstances of the case including how recently it was purchased, its contents, the nature of the property and the persons intentions in relation to it (including development). If there is any doubt as to whether a previous Report remains valid a new Report should be purchased.
22. miningsearch shall be deemed not to know the purpose for which Reports are required even if such purpose is made known to them. miningsearch does not make any warranties or representations as to either the suitability of land/property for any particular use or purpose or its value, and shall not in any circumstances be liable for any loss or damage at all arising from reliance on Reports in relation to these matters.
Mine Shafts and Adits (mine entries)
23. Shafts are vertical or near vertical entrances sunk from the surface to access underground mine workings, Adits are walkable entrances driven from the surface to access underground mine workings. Adits may be horizontal, or slope upwards or downwards. Shafts and adits are collectively referred to as “mine workings”.
24. Information relating to mine entries (within 20 metres of the boundary of the property) will be prepared only from the records in the possession of miningsearch. These records may not be complete. Given the indeterminate accuracy of many of the source records, miningsearch is unable to take account of and reflect in Reports any possible difference between the actual and plotted position of a mine entry or its likely size or depth. The approximate location of any reported mine entries will be identified on a plan within the body of reports on properties identified as being within an area of significant mining activity.
Miscellaneous
25. During the production of Reports by miningsearch, the address (but not the boundary) of the subject property as provided by the enquirer may be corrected to match the Royal Mail's Postcode Address File (PAF). miningsearch also reserve the right to add the address details to a database and have the right to make such use of that data at its discretion.
Plans
26. For properties identified to be within an area of significant mining activity, miningsearch provides with each Report a plan of the boundaries of the property in respect of which the Report has been prepared. It is necessary for enquirers to ensure that such boundaries correspond with those of the property. If the boundary of the property shown on miningsearch plan does not so correspond, any discrepancy should be resolved by enquirers with miningsearch. If the discrepancy is not referred by enquirers to miningsearch within 28 days of the date of the report in question, enquirers will have to make a fresh search with payment of the appropriate fee.
27. Where a plan is provided, the property will be located with reference to Ordnance Survey (OS) digital publications. miningsearch cannot and does not warrant that the OS information is up-to-date, complete or accurate and accepts no liability for the plotted position of property as shown on published OS maps.
28. Information supplied in plan form within the body of Reports should not be enlarged to any greater scale than that at which it is originally supplied or accuracy will be affected.
Mining Report Information
29. In respect of each search, Reports will provide summary information according to the records in the possession of miningsearch relating to those matters referred to below on the basis of and subject to the terms and conditions referred to above. For each search the report will include the following information:
Details of any shafts or adits within the property and/or within 20 metres of the boundary of the property.
Brief treatment details where known.
Where a property is identified to be within an area of significant mining activity, a plan showing the approximate location of any shafts and/or adits..
Where any shafts or adits are disclosed in Reports for residential property (excluding pre-build plots), details as to the procedure and cost of any appropriate further action
Complaints Procedure
30. We aim to provide an excellent service. If you have any cause for complaint you should, in the first instance, contact:
Mining Search Services
6 South Place
St Just
Penzance
TR19 7HW
Telephone: 01736 788880
Fax: 01736 788880
Email: enquiries@miningsearch.co.uk
Please quote the property search reference number.
Who may rely on the Report:
31. Only the following persons (“Users”) may rely on the Report:
the owner of the Property at the time the Report is prepared;
any purchaser of the whole of the Property from the owner described in a above; and
any person who provides funding to the persons in (a) or (b) above which is secured on the whole of the Property.
Extent of Reliance:
32. The Report has been prepared for use by the Users only and the Report should not be relied upon by any other third party.
33. The Report gives an indication of whether ground movement could occur at the Property. This does not necessarily mean that the Property is or will be affected by ground instability. Such an assessment can only be made by inspection of the Property by a qualified professional, such as a surveyor or engineer. The Report DOES NOT therefore:
include any information or warranty relating to the actual state, or the structural or other condition, of the Property;
determine the saleability or value, or the safety, of the Property;
indicate the suitability of the Property for any particular purpose (including, without limitation, its suitability for development (within the meaning of section 55 of the Town and Country Planning Act 1990 as amended) or any building, excavation or landscaping work); or
act as a substitute for any physical inspection, specialist interpretations and/or professional advice.
34. No representations, warranties or terms (whether express or implied by statute, common law, custom, trade usage, course of dealing or otherwise) are given in relation to the Report unless they are expressly set out in these Terms, save to the extent that such terms cannot be excluded by law.
Use of the Report
35. The Customer and the User acknowledge that the Report is confidential and that it is intended for the purposes of the User only. Accordingly the Customer and the User agree that they are permitted to use and copy the Report for these purposes only.
36. The Customer and the User (or any person who is provided with a copy of the Report) will not:
remove, obliterate or alter any trade mark or any copyright or other proprietary notice which is contained in the Report;
reformat or otherwise change, add to or enhance the Report, or combine it with or incorporate it into any other information, data or materials; or
create any product which is derived directly or indirectly from the data contained in the Report; or
resell the Report (other than in the case of a bona fide legal adviser recharging the cost of the Report as a disbursement) unless this has been specifically authorised in writing by miningseach.
37. The copyright and all other intellectual property rights in the Report will remain the property of the Suppliers or other third parties (as appropriate). Neither the Customer nor the User will acquire any rights in respect of the Report other than as expressly provided in these Terms.
Events Beyond the Suppliers Control
38. A Supplier will not be liable to the Customer or the User for any delay or failure in performance of its obligations which result from circumstances beyond its reasonable control (including, without limitation, fire, explosion, flood, tempest, unusually adverse weather conditions, war, hostilities, riot, acts of terrorism, failure or shortage of power supplies, telecommunications or processing failure or computer malfunction) or the acts or omissions of any person for which a Supplier is not legally responsible.
Liability
39. The Report has been prepared for the Property on the basis of information on the Property’s location and type provided by the Customer and/or the User, and consequently the Suppliers exclude all liability which may arise from any errors or omissions in the information so provided or from any failure to check for discrepancies.
40.The Report has been prepared specifically for the Property, and on the basis of the property type specified in the Order. Under no circumstances will the Suppliers be liable if a Report is relied on for any other property.
41. Total liability of the Suppliers to the Customer and the User arising from an error in the Report caused by negligence, breach of contract or in any other way will be limited to:
a) the reasonable costs of carrying out necessary remedial work on the Property reasonably promptly; or
b) the difference between the true market value of the Property and the market value of the Property on the basis of the Report at the time of reliance on the Report in accordance with these Terms.
General
42. The headings in these Terms are for ease of reference only and do not affect their interpretation or construction.
43. Use of the singular includes the plural and vice versa, and use of any gender includes the other genders.
44. The benefit of these Terms cannot be assigned or transferred by the Customer or the User without the Suppliers’ prior written consent. The Suppliers may assign any or all of their rights and obligations under these Terms without prior notice.
45. These Terms (together with the Order and the Guidance) represent the entire agreement relating to the supply of the Report and the relationship which that supply creates between the Suppliers and Customers and Users. No prior statement, representation or arrangement of any nature (whether written or oral) will add to, vary or waive terms of this agreement and the Customer and the User acknowledge that they have not relied on any statement or representation made by or on behalf of miningsearch or any other Supplier in agreeing to enter into this agreement.
46. The illegality or invalidity of any part of these Terms will not affect the legality or validity of the remainder of these Terms.
47. Except to the extent that these Terms confer benefits on the Suppliers and the Users, no third party is entitled to the benefit of these Terms under the Contracts (Rights of Third Parties) Act 1999.
48. These Terms are governed by English law. The English courts (where the Property is situated in England or Wales) and the Scottish courts (where the Property is situated in Scotland) have exclusive jurisdiction to deal with any dispute which may arise out of or in connection with them.