TERMS AND CONDITIONS

My Property Check is a business name owned and operated by Orion Management Services Limited, a company registered in the Republic of Ireland under number 178622 whose registered office is at Unit 1E  Three Rock Road  Sandyford Business District  Dublin 18.

Use of this website and the information, products and services described on this website or to be obtained through this website is subject to the following terms and conditions, and your use of this website as our Customer constitutes acceptance by you of these terms and conditions. If you do not agree with these terms and conditions, you must not use this website.

My Property Check may make changes to these terms and conditions from time to time for any reason without notice to you. You should revisit these terms and conditions every time you use this website to review the current terms and conditions governing your use of this website.

Data Protection and Privacy

  • When supplying the goods or services to the Customer, My Property Check may gain access to and/or acquire the ability to transfer, store or process personal data of clients and connected parties as supplied by the Customer.
  • The parties agree that where such processing of personal data takes place, the Customer shall be the ‘data controller’ and My Property Check shall be the ‘data processor’ as defined in the General Data Protection Regulation (GDPR) as may be amended, extended and/or re-enacted from time to time.
  • For the avoidance of doubt, ‘Personal Data’, ‘Processing’, ‘Data Controller’, ‘Data Processor’ and ‘Data Subject’ shall have the same meaning as in the GDPR.
  • My Property Check shall only process Personal Data to the extent reasonably required to enable it to supply the Goods or Services as mentioned in these terms and conditions or as requested by and agreed with the Customer, shall not retain any Personal Data longer than necessary for the Processing and refrain from processing any Personal Data for its own or for any third party’s purposes.
  • My Property Check shall not disclose Personal Data to any third parties other than employees, directors, agents, sub-contractors or advisors on a strict ‘need-to-know’ basis and only under the same (or more extensive) conditions as set out in these terms and conditions or to the extent required by applicable legislation and/or regulations.
  • My Property Check shall implement and maintain technical and organisational security measures as are required to protect Personal Data Processed by My Property Check on behalf of the Customer.
  • Further information about My Property Check’s approach to data protection are specified in its Data Protection Policy, which can be found in our Privacy Policy. For any enquiries or complaints regarding data privacy, you can email: info@mypropertycheck.ie.

Availability of Website

Access to this website is available 24 hours a day, 7 days a week, subject to the right of My Property Check to suspend the operation of this website, or the availability of all or any products or services on or to be obtained through this website, for any period of time without any prior notice, whether for the purposes of website upgrading, system maintenance or otherwise. This website and the information, products and services obtained through this website may be modified, deleted, edited or withdrawn by My Property Check at its discretion and at any time without prior notice.

Business Hours

My Property Check’s regular hours of business are 8:00 a.m. to 8:00 p.m. Mondays to Fridays.

Processing of My Property Check report

My Property Check will process reports purchased during its regular business hours unless special arrangements are made with My Property Check to complete services outside of these regular business hours. The completion time for My Property Check report will vary depending on the type of work to be completed, the sufficiency and completeness of instructions received from the Customer, the availability and limitations of government and third party databases, the processing time of government and third party offices and registries and other factors beyond the control of My Property Check.  However we will endeavour to complete all reports within 1 hour of purchase.

Accuracy of Information and Instructions

It is your responsibility to provide accurate and complete information to My Property Check using the online order form.

You acknowledge and agree that:

    1. You are entirely responsible for the accuracy and completeness of your order;
    2. The completeness and accuracy of the goods or services you receive will depend on the accuracy and completeness of your order;
    3. You are entirely responsible for reviewing the report you receive; and
    4. My Property Check will not be responsible for unauthorized access to or alteration of your order, or for them not being transmitted or received.

My Property Check will accurately report to you all information contained in records maintained by public, government and third party registries and databases which My Property Check accesses on your behalf. My Property Check cannot guarantee the following:

    1. The accuracy or completeness of the information obtained from any public, government or third party registry or database;
    2. The timeliness of registration of manual or electronic forms, applications, documents or instruments at or in public, government or third party registries or databases; and
    3. That public, government, third party registries, and third party providers will function without error, failure or interruption.

No Legal Advice

The information, products and services on this website are provided with the understanding that at no time does My Property Check review documents for legal sufficiency, draw legal conclusions, provide legal advice or apply the law to the facts of your particular situation, and its services are not a substitute for the advice of a solicitor. The provision of information, products and services on and through this website is not intended to create, and the receipt of any information, products and services does not constitute, a solicitor-client relationship. Communications between you and My Property Check are protected by our Privacy Policy, but are not protected by the solicitor-client privilege.

Disclaimer and Limitation of Liability

YOUR USE OF THIS WEBSITE AND ANY CONTENT DOWNLOADED FROM IT IS AT YOUR OWN RISK. THIS WEBSITE AND ALL INFORMATION, PRODUCTS AND SERVICES ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, ALL OF WHICH ARE DISCLAIMED BY MY PROPERTY CHECK TO THE FULLEST EXTENT PERMITTED BY LAW. MY PROPERTY CHECK DOES NOT REPRESENT OR WARRANT: (1) THE QUALITY, ACCURACY OR COMPLETENESS OF ANY CLAIMS, STATEMENTS OR INFORMATION ON OUR WEBSITE OR THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS WEBSITE OR THE PRODUCTS AND SERVICES ON OR TO BE OBTAINED THROUGH THIS WEBSITE; (2) THE SUITABILITY OF ANY OF THE INFORMATION, PRODUCTS AND SERVICES CONTAINED ON THIS WEBSITE OR OBTAINED THROUGH THIS WEBSITE FOR ANY PURPOSE; (3) THAT THIS WEBSITE OR THE INFORMATION, PRODUCTS AND SERVICES ON OR TO BE OBTAINED THROUGH THIS WEBSITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; AND (4) THAT THIS WEBSITE OR THE INFORMATION, PRODUCTS AND SERVICES ON OR TO BE OBTAINED THROUGH THIS WEBSITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS, INCLUDING BUT NOT LIMITED TO BEING FILED WITHIN THE SPECIFIED TIME AND/OR LIMITATION PERIOD.

IN NO EVENT SHALL MY PROPERTY CHECK BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT OR INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, FOR ANY LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, DATA, DOCUMENTS, PROPERTY, MATERIALS OR EQUIPMENT, OR OTHER ECONOMIC ADVANTAGE OR INTANGIBLE LOSS), ARISING OUT OF OR IN CONNECTION WITH (1) THE USE OF, OR DELAY OR INABILITY TO USE, THIS WEBSITE OR ANY INFORMATION, PRODUCTS OR SERVICES OBTAINED THROUGH THIS WEBSITE; (2) UNAUTHORIZED ACCESS TO, ALTERATION OF, OR INACCURACY, ERROR OR OMISSIONS IN YOUR CONTENT, TRANSMISSIONS OR DATA; (3) SERVICE OUTAGES THAT ARE CAUSED BY MY PROPERTY CHECK’S MAINTENANCE ON THE TECHNOLOGY THAT UNDERLIES THIS WEBSITE; (4) PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS; (5) FAILURES OF MY PROPERTY CHECK’S SERVICE PROVIDERS (INCLUDING TELECOMMUNICATIONS, HOSTING, AND POWER PROVIDERS); (6) COMPUTER VIRUSES; (7) NATURAL DISASTERS OR OTHER DESTRUCTION OR DAMAGE OF MY PROPERTY CHECK’S FACILITIES, ACTS OF NATURE, WAR, CIVIL DISTURBANCE, OR ANY OTHER CAUSE BEYOND MY PROPERTY CHECK’S REASONABLE CONTROL; OR (8) STATEMENTS OR CONDUCT OF ANY THIRD PARTY; OR OTHERWISE ARISING OUT OF THE USE OF THIS WEBSITE, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF THERE IS A FUNDAMENTAL BREACH OR IF MY PROPERTY CHECK HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.WITHOUT IN ANY WAY LIMITING THE GENERALITY OF THE FOREGOING, MY PROPERTY CHECK IS NOT LIABLE FOR THE ACTS OR OMISSIONS OF ANY THIRD PARTY ACTING ON INSTRUCTIONS FROM MY PROPERTY CHECK.

Intellectual Property Rights

My Property Check reserve all copyright and any other intellectual property rights which may subsist in any goods supplied in connection with the provision of the Services. We reserve the right to take any appropriate action to restrain or prevent the infringement of such intellectual property rights. No reproduction, distribution, or transmission of the copyrighted materials on this site is permitted without the prior written permission of My Property Check.

Waiver

No delay, act or omission by My Property Check in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy nor stop further exercise of any other right, or remedy.

Severability

If one or more of these Terms and Conditions is found to be unlawful, invalid or otherwise unenforceable, that / those provisions will be deemed severed from the remainder of these Terms and Conditions (which will remain valid and enforceable).

Governing Law

This agreement shall be governed by and construed in accordance with the laws of the Republic of Ireland and all disputes arising under the Agreement (including non-contractual disputes or claims) or related to access to or use of this website and the information, products and services obtained through this website shall be subject to the exclusive jurisdiction of the Irish courts.

Legal Notices

All notices under these Terms and Conditions must be in writing and signed by, or on behalf of, the party giving notice (or a duly authorised officer of that party).  Communications made through this website’s e-mail and messaging system is for convenience only and shall not be deemed to constitute legal notice to My Property Check, or any of its officers, agents, employees or representatives, with respect to any existing or potential claim, or cause of action, or for any other purpose.