1. Agreement
The Subscriber is deemed to have accepted the terms and conditions set out herein, which form the contract between the Government of PEI, Department of Finance, Taxation and Property records Division (“Taxation and Property Records”), and the Subscriber in respect to the services offered if, after notification of or receipt of these terms and conditions:
i) the Subscriber has submitted an application for access to GeoLinc Plus; and
ii) Taxation and Property Records has accepted the application and payment and has provided access to the Subscriber.
2. Description of the Service
Taxation and Property Records, through GeoLinc Plus, will provide the Subscriber access to real property information on a land parcel basis (the “Service”). In general, GeoLinc Plus contains the following information:
- Assessment contains information about the use and assessed value of real property
- Registry contains information about registered documents and survey plans, a registry index (1995 to present) and scanned images of legal documents within the associated Government IT system (April 2003 to present).
- Property Charges contains information about assessment values, tax rates, and the current annual taxes for real property.
- Map contains a graphical representation of all land parcels in the province, by base maps and orthophotos.
- Monuments contains information about PEI Survey Monuments
3. Access to GeoLinc Plus
3.1 The Subscriber will be provided with a username and password for the purposes of using the Service. The Subscriber is responsible to reset their password at first use.
3.2 The Subscriber is responsible for use and maintenance of their account, including ensuring registration information is complete, accurate and current. All correspondence from Taxation and Property Records pertaining to the Subscriber’s account and use will be addressed to the Subscriber at the email address provided on the Subscriber’s application, as may be updated by the Subscriber.
3.3 The Subscriber is the sole recipient and user of the username and password, which provide access to the Subscriber’s account. The Subscriber shall not give, loan, lease, sell or otherwise make available their username or password to any other party. The Subscriber is responsible for the security of their username and password.
3.4 At its own expense, the Subscriber will provide, operate and maintain their own computer hardware and communications software for the purposes of accessing this account.
3.5 The Service is provided to the Subscriber only for the purpose of the Subscriber accessing, downloading and printing the information available on GeoLinc Plus, which accessed, downloaded or printed information shall not be used for any criminal, fraudulent or other improper purpose. Without limiting the foregoing, the Subscriber agrees not to perform bulk extractions, data mining, web mining, web harvesting and/or any similar automated conduct using GeoLinc Plus.
3.6 Taxation and Property Records will suspend the Subscriber’s account immediately if in the sole opinion of Taxation and Property Records the Subscriber has breached any term or condition of this Agreement or if the Subscriber puts at risk the ability for other Subscriber(s) to use or access GeoLinc Plus or any Government records.
3.7 The Subscriber’s personal information is being collected under the authority of clause 31(c) of the Freedom of Information and Protection of Privacy Act R.S.P.E.I. 1988, Cap. F-15.01, for the purpose of administering the Subscriber’s subscription to the Service. This personal information will be used to identify the Subscriber and provide the notices required. Personal information may also be used by us to contact the Subscriber for the purposes of correcting e-mail routing or other system delivery errors. For more information about how personal information is collected, used and disclosed by Taxation and Property Records, please contact Island Information at (902) 368-4000 or toll-free 1-800-236-5196.
3.8 In the event GeoLinc Plus receives an electronic transmission from the Subscriber that is infected with a virus or other electronic code that, in the sole opinion of Taxation and Property Records is considered harmful to GeoLinc Plus, Taxation and Property Records reserves the right to take action as deemed necessary to disinfect such electronic transmission. Taxation and Property Records will not be liable for any changes that may occur to the electronic transmission submitted by the Subscriber, including rendering such transmission unreadable, as a result of the disinfecting process.
4. Payment of Use of Service
4.1 Taxation and Property Records will provide the Subscriber with a GeoLinc Plus account and username and password codes to the account upon approval of the Subscriber’s application and payment of the initial subscription fee.
4.2 The Subscriber will prepay for the use of GeoLinc Plus at the rate of $15.65 plus HST per 30 day period. A minimum subscription period of 30 days applies.
4.3 Taxation and Property Records will provide the Subscriber a minimum of 30 days’ notice by email of any changes to the fees for use of GeoLinc Plus. Continued use of the Service after the notification period constitutes acceptance of the fee changes.
4.4 The Subscriber will be charged a service charge for returned cheques or other dishonoured payments. Taxation and Property Records will set the service charge and may change the service charge from time to time without specific notice to the Subscriber.
4.5 The liability of Taxation and Property Records, in respect of holding, management and administration of the Subscriber’s account, shall be limited to the fee balance of the account at that time, less applicable fees and charges.
5. Ownership
5.1 Taxation and Property Records will retain sole ownership of all real property information made available to the Subscriber through this account and GeoLinc Plus, and retains copyright on all information available to the Subscriber through GeoLinc Plus.
5.2 The Subscriber shall not give, loan, lease, sell or otherwise make available their account to any other party.
5.3 Access to the Subscriber’s account, directly or indirectly, shall not extend to affiliates of the Subscriber.
6. Warranty, Limitation and Indemnity
6.1 GeoLinc Plus and the Services are provided "as is" without warranty of any kind, including warranty of fitness for a particular purpose. Taxation and Property Records does not warrant the accuracy or the completeness of GeoLinc Plus or the Service or any information provided to the Subscriber as a result of using the Service, or that GeoLinc Plus or the Service will function without error, failure or interruption.
6.2 Taxation and Property Records will not be liable to the Subscriber for any direct or indirect, incidental, special or consequential damages of any kind whatsoever, and no action or claim may be brought by the Subscriber or any person against Taxation and Property Records for any loss or damage of any kind caused by any reason or purpose including, without limitation, the Subscriber’s use or inability to use GeoLinc Plus or the Service or any reliance on the functioning of GeoLinc Plus or the Service.
6.3 Taxation and Property Records makes no representations or warranties, either express or implied as to the accuracy of the information made available through GeoLinc Plus and the Subscriber assumes the entire risk as to the use of all and any information.
6.4 The Subscriber will indemnify and save harmless Taxation and Property Records from and against any losses, claims, damages, actions, cause of action, fees and expenses that result from:
a) use of, or the inability to use GeoLinc Plus;
b) errors, omissions or inconsistencies to the information contained in the databases made available to the Subscriber through this account.
7. Amendments
The Subscriber acknowledges that Taxation and Property Records may amend the terms and conditions of this Agreement from time to time to accommodate changes in GeoLinc Plus, the Services provided or for other reasons. In this event, an email will be sent to the attention of the Subscriber at the last email address provided by the Subscriber. The Subscriber’s continued use of their account after the email notification of such amendment has been sent constitutes acceptance by the Subscriber of the amended Terms and Conditions of this Agreement.
8. Assignment
This Agreement or any portion thereof shall not be assigned by the Subscriber without the prior written consent of Taxation and Property Records.
9. Entire Agreement
This Agreement is the entire agreement between the parties and supersedes all previous agreements, arrangements, or understandings between the parties hereto whether written or oral, in connection with or incidental to GeoLinc Plus.
10. Governing Law
10.1 This Agreement shall be governed by and construed in accordance with the laws of the Province of Prince Edward Island and the laws of Canada applicable in the Province of Prince Edward Island. The parties hereto irrevocably defer to the jurisdiction of the courts of Prince Edward Island as the sole forum for the determination of any disputes arising hereunder.
10.2 Taxation and Property Records shall not be liable for any loss or damage of any kind or fees incurred by the Subscriber should legislation of the Province of Prince Edward Island restrict or prohibit the distribution of all or any of the information made available through GeoLinc Plus or the Subscriber’s account.
11. Termination of Agreement or GeoLinc Plus
11.1 Taxation and Property Records may discontinue GeoLinc Plus or the Service at any time for any reason without providing notice to the Subscriber.
11.2 The Subscriber may request the balance of their account and terminate this Agreement by providing notice in writing to Taxation and Property Records.
11.3 Taxation and Property Records will only refund fees for those months after the month in which the Subscriber’s request for termination is received.
11.4 Taxation and Property Records will immediately suspend the Subscriber’s account if, in the sole opinion of Taxation and Property Records, the Subscriber breaches this Agreement. At such time, Taxation and Property Records will provide the Subscriber with written notice, by email, specifying the breach. The Subscriber’s account will be reactivated if the Subscriber can correct the breach to the satisfaction of Taxation and Property Records.