Terms and conditions

1.Definitions and interpretation

The following definitions and rules of interpretation apply in these Conditions.

1.1 Definitions

Application: means the online application for Report Services submitted by You through the Reports Portal.

Cannot be Completed: means the Information provided by You, with Your Application, is deemed (at Our sole discretion) to be incomplete, insufficient, or otherwise unsuitable for one or more of the reasons set out in Appendix 1 to these Conditions.

Completion: means the receipt by You of the completed Requested Report.

Confidential Information: means all confidential information (howsoever recorded or preserved) disclosed by a party (or its employees, officers, representatives, contractors, subcontractors or advisers (Representatives) to the other party and that party’s Representatives in connection with the Contract,  including:

• (a) any information specifically designated by the disclosing party as confidential;
• (b) any information supplied to the disclosing party by any third party in relation to which a duty of confidentiality is owed or arises;
• (c) any other information which should otherwise be reasonably regarded as possessing a quality of confidence; and
• (d) know-how and information about design, development, specifications, business plans and technical or other expertise.

Conditions: means these standard terms and conditions for the Report Services, as amended from time to time in accordance with clause 18.

Contract: means the contract between You and Us for the provision of the Report Services in accordance with these Conditions.

Customer: means the person (whether an individual or a business) who has submitted the Application to, and purchased the Report Services from Us, and includes (where and to the extent relevant) any End Recipient.

Default: means any material breach by the relevant party of, or any other default, act, omission or negligence of the relevant party, or its employees, servants, or agents, in connection with or in relation to its obligations under the terms of the Contract and in respect of which such party is liable to the other.

EIRs: means the Environmental Information (Scotland) Regulations 2004, and any superseding or amending regulations, together with any guidance and/or codes of practice issued by the Information Commissioner, the Scottish Information Commissioner and/or any relevant government department in relation to such regulations.

End Recipient: means the person (or persons) and (if relevant) their professional advisers, on whose behalf an Application has been submitted by You.

Event Outside Our Control: has the meaning set out in clause 10.2.

Fee: means the fixed fee payable in respect of each Requested Report in accordance with the table of Reports fees, published on the Registers of Scotland website  on the date that Your Application is submitted, or as otherwise specified in these Conditions, as the same may be varied by Us from time to time.

FOISA: the Freedom of Information (Scotland) Act 2022, and any subordinate legislation made under this Act from time to time or any superseding or amending enactments or regulations, together with any guidance and/or codes of practice issued by the Information Commissioner, the Scottish Information Commissioner, and/or any relevant government department in relation to such legislation.

Good Industry Practice: means standards, practices, methods and procedures conforming to the Law and the degree of skill and care, diligence, prudence and foresight which would reasonably and ordinarily be expected from a skilled and experienced person or body engaged in a similar type of undertaking under the same or similar circumstances.

Indemnified Parties: means any third party, including a purchaser, lender, funder or tenant, who has an actual or potential interest in the Subjects and is an intended recipient of the Requested Report.

Information: means all relevant information, of whatever nature in whatever format, required to be supplied by You to Us to enable Us to provide the Report Services, including all relevant deeds and plans (which must meet the Keeper's published deed plan criteria).

Intellectual Property Rights and IPRs: means patents, rights to inventions, copyright and related rights, moral rights, trademarks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how) and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.

Interested Party: means any third party from whom We obtain Report Data under licence or delegation (as the case may be), including Royal Mail and Ordnance Survey Limited.

Law: means any applicable law, statute, bye-law, regulation, order, regulatory policy, guidance or industry code, rule of court or delegated or subordinate legislation.

Period for Completion: means a period of twenty-four (24) hours from the online submission by You of the Application. This period is a good faith estimate only of the time for completion of a Requested Report.

Purpose: means the use of the Report solely for activities connected with a planned application for registration of the Subjects in the Land Register of Scotland (i.e. pre-registration purposes).

Rejection Fee: means the statutory fee charged for the rejection of an application for registration in the Land Register of Scotland.

Reports: means the range of plans reports available from time to time, to a Customer, via the Reports Portal, as listed and more fully described at ros.gov.uk/services/reports.

Report Data: means data provided in the supply of the Report Services, in response to the Application, in an electronic format.

Reports Portal: means the online eServices portal, accessible through the Registers of Scotland website.

Report Services: means the Reports services, including the Requested Report, to be supplied by Us to You, pursuant to an Application, as are more particularly described in clause 4.

Requested Report: means the specific type of Report requested by the Customer, via their Application, and to be provided by Us.

Restrictions: means the restrictions on how Reports can be used. These restrictions have been passed on from Ordnance Survey Limited and are as follows: (i) You will receive only one (1) copy of the Requested Report; and (ii) the Requested Report must only be used for the Purpose.

Subjects: means land which is the subject of a Requested Report.

We/Our/Us: means the Keeper of the Registers of Scotland.

Working Day: means any day, other than a Saturday, Sunday or public holiday, in Scotland.

You/Your: means the Customer.

1.2. Interpretation:

• a) References to clauses and to the Appendix are to the clauses of and the Appendix to these Conditions.
• b) The Appendix forms part of these Conditions and any reference to these Conditions includes the Appendix.
• c) Unless expressly provided otherwise in these Conditions, a reference to legislation or a legislative provision is a reference to it as amended, extended or re-enacted from time to time. A reference to legislation or a legislative provision shall include all subordinate legislation made from time to time under that legislation or legislative provision.
• d) Any words following the terms including, include, in particular, for example or any similar expression, shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
• e) References to “party” means a party to the Contract and references to “parties” shall be construed accordingly.
• f) A reference to writing or written includes email and comparable means of communication.

2. Keeper's statutory powers

For the avoidance of doubt, nothing in the Contract shall fetter or restrict the Keeper's discretion to exercise any right or obligation which the Keeper is entitled to exercise under any statutory enactment for the time being in force.

3.  Basis of Contract

3.1. Your Application constitutes an offer by You to purchase the Report Services in accordance with these Conditions.

3.2. Your Application shall only be deemed to be accepted when We acknowledge receipt of the same in writing, at which point, and on which date, the Contract shall come into existence (Commencement Date).

3.3. Unless stated otherwise in these Conditions, any samples, drawings or descriptive matter issued by Us, and any descriptions or illustrations set out on Our website, are issued or published for the sole purpose of giving an approximate idea of the Report Services. They shall not form part of the Contract or have any contractual force.

3.4. These Conditions apply to the Contract to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by law, trade custom, practice or course of dealing.

4. The Report Services

4.1. You shall be entitled, from time to time, to request, via an Application, the provision of any or all of the Reports from Us.

4.2. We shall supply the Report Services to You in accordance with these Conditions.

4.3. All Reports are provided subject to the Restrictions. In accordance with the Restrictions:

• a)We shall provide one copy of the Requested Report to You in an electronic format; and
• b)the Requested Report is provided, and should be used by You, solely for the Purpose and cannot be used for any other purpose.

4.4. Before accessing the Report Services, You must register, or have registered, to use the Reports Portal and You must comply with all the terms and conditions (available on Registers of Scotland’s website) applicable to Your use of the Reports Portal.

4.5. The Report Services are provided on the basis that the number of title deeds and/or plans uploaded in respect of each Application is five or less. If the number of title deeds and/or plans to be uploaded in respect of an Application is more than five additional charges will apply, and We will notify You accordingly.

Application for Report Services

4.6. The Report Services shall be requested by You by completing the Application and submitting it through the Reports Portal. You must fully and accurately complete the Application and upload all Information.

4.7. You may submit hard copies of plans which are unsuitable for electronic submission by post to the address set out in clause 12.3. You must include the reference number of the Application to which the plan relates.

4.8. We shall send You an email notification when We accept Your Application.

4.9. We may reject (or cancel in accordance with clause 9.6) an Application if the Application is categorised (at Our sole discretion) as Cannot be Completed.

4.10. If we reject or cancel Your Application in accordance with the provisions of clause 4.9 above, then We shall:

• a)provide You with detailed information as to why We have categorised Your Application as Cannot be Completed; and
• b)charge a reduced Fee in respect of the Cannot be Completed Application, which reduced Fee shall be equivalent to the fee charged in respect of a Level 1 Report, and this shall be the case regardless of the level of the Requested Report.

4.11. We shall use reasonable endeavours to complete the Requested Report within the Period for Completion.

4.12. You may request Completion of the Requested Report for a specific date (Requested Date). We will use reasonable endeavours to deliver the Requested Report by the Requested Date.

4.13. When We issue acceptance of Your Application per clause 4.8, We shall set out an approximate timescale for Completion, which timescale may be longer than the Period for Completion. Where there is a Requested Date, the timescale for Completion will begin from the Requested Date. If during the course of progressing Your Application We discover that the Requested Report is complex, the aforementioned timescale may increase.

4.14. We shall provide You with a link by email to enable You to access the completed Requested Report through the Reports Portal. The Requested Report shall be available on the Reports Portal for You to view, download and print for a period of 12 months.

4.15. If You have submitted hard copy plans or if We (at Our sole discretion) have requested further information, then the Period for Completion shall commence upon the receipt by Us of the hard copy plan(s) and/or the further information.

4.16. You may request one Continuation Report at any time within 6 months from Completion. The Continuation Report shall be issued by Us to You free of charge.

Service levels

4.17. We shall provide the Report Services in accordance with:

• a) these Conditions;
• b) Good Industry Practice; and
• c) the Law.

4.18. We endeavour to ensure that all Reports are complete and accurate. However, We do not provide any warranty or guarantee that the Keeper:

• a) will accept an application for registration in the Land Register as suitable for registration;
• b) will not reject an application at any time following submission of the application for registration in the Land Register.

If the Keeper rejects an application for registration in the Land Register, and this is due in whole or in part to our Default, then the provisions of clause 8 will apply.

4.19. We have no liability to You under the Contract where any loss or damage incurred by You arises from any inaccuracy, or incorrect or incomplete information, in the Land Register, the Register of Inhibitions or any other public register. However, nothing in the Contract shall affect Your entitlement to claim compensation from the Keeper in respect of the foregoing on any of the statutory grounds set out in the Land Registration etc. (Scotland) Act 2012.

5.  Remedies in the event of inadequate performance of the Report Services

5.1. In the event that We fail to supply the Report Services in accordance with the provisions of the Contract and such failure is capable of remedy, You shall inform Us as soon as reasonably practicable and provided (and to the extent that) any such failure is not due in whole or in part to Your Default (including, without limitation, the provision of inadequate or inaccurate Information) then We shall remedy such failure at Our own expense within such reasonable timescale as may be specified by You. If We do not remedy the failure within the specified reasonable timescale, or it is not capable of remedy then, at Your option and without prejudice to Your other rights and remedies, You may cancel the Contract in accordance with the provisions of clause 9.3.

5.2. Subject to the provisions of clause 5.3 below, A Report shall be deemed incapable of remedy if it has already been disclosed to and relied upon by any third party in connection with an application for registration in the Land Register.

5.3. If You:

• a)ought reasonably to have been aware that a Requested Report contains any inaccuracy or omission; or
• b)become aware that a Requested Report contains any inaccuracy or omission, you must immediately notify Us, and

then the provisions of clause 5.1 shall apply. In either case, You must not rely or act upon any such Requested Report (including disclosing the Requested Report to any third party) from the time that You become, or ought reasonably to have become, aware that it contains any inaccuracy or omission, and if You do so then this shall be at Your own risk and We shall not incur any liability whatsoever. This clause shall not apply if, and to the extent that, the Requested Report has already been disclosed to and relied upon by any third party in connection with an application for registration in the Land Register, prior to the provisions of either clause a) or b) applying to the Requested Report.

6. Fee and payment

6.1. In return for the provision of the Report Services by Us, You shall pay Us the Fee.

6.2. We will invoice You on or after Completion.

6.3. You shall pay all sums due to Us within 30 days of receipt of a valid invoice.

6.4. The Customer shall be liable to pay interest in respect of the late payment of any undisputed sums of money due under the Contract in accordance with the Late Payment of Commercial Debts (Interest) Act 1998.

7. Intellectual property

7.1. No Intellectual Property Rights in the Report Data are conferred or granted to You, or to any End Recipients or Indemnified Parties, other than in accordance with these Conditions. You acknowledge that the Report Data may include Intellectual Property Rights which are owned by and licenced to Us by an Interested Party.

7.2. Our Intellectual Property Rights in the Reports are Crown copyright. We have received delegated authority from the King's Printer for Scotland, to authorise the reproduction of Crown copyright material created by the Registers of Scotland. We hereby grant to You a perpetual, royalty-free, non-exclusive licence to reproduce the Requested Report for the Purpose.

7.3. Where You do reproduce the Requested Report, You must use the following attribution statement – “This Report is Crown copyright (and/or Crown database right) and is reproduced with the permission of Registers of Scotland and Chief Executive under delegated authority from the Keeper of Public Records.”

7.4. The Requested Report may include data owned by Ordnance Survey Limited (for example, if the Requested Report includes mapping data).  If the Requested Report includes such data, and should You wish to use the Requested Report for any other purpose (including for registration purposes or planning applications), or if you need to make further copies of the Requested Report, You must have an appropriate licence from Ordnance Survey Limited in respect of their data. You must pass on details of these restrictions when sharing the Requested Report with any third party. For further details, please see the Ordnance Survey Limited website or contact customerservices@ros.gov.uk

7.5. Subject to the other provisions of this clause 7, We confirm that use of the Requested Report by You, in accordance with these Conditions, shall not infringe any third party IPRs.

7.6. We shall indemnify You against all costs, claims, damages or proceedings arising as a result of any claim by a third party that Your use of the Requested Report, provided that Your use is in accordance with these Conditions, infringes its IPRs. The foregoing indemnity is subject to the following conditions, You must:

• a) promptly notify Us of any such claim;
• b) provide Us with all information and assistance that We may reasonably require;
• c) not make any admissions which could be prejudicial to the defence or settlement of the claim, nor any settlements, without Our prior written permission; and

We will manage any claim brought at Our own expense.

7.7. You shall have no claim under the indemnity at clause 7.6 to the extent the infringement arises from any modification of the Requested Report, the Report Data or the Report Services, other than by or on behalf of Us.

7.8. Data captured and/or created in the provision of the Requested Report may be re-used by Us within Our core business activities.

8. Liability and indemnity

8.1. The Requested Report is provided to You on the condition that, where relevant, a complete copy of the Requested Report, together with a complete copy of these Conditions, will be disclosed to any Indemnified Parties. As indicated earlier in these Conditions, in accordance with the Restrictions, the Report Services provide you with one copy of the Requested Report only and the use of the Requested Report is restricted to the Purpose. You must ensure that in disclosing the Requested Report, You pass on those Restrictions in compliance with these Conditions. If You fail to so pass on the Restrictions, said failure will be deemed both a material breach of these Conditions and a Customer Default.

8.2. We shall indemnify You and the Indemnified Parties against all liabilities, costs, reasonable expenses (including any Rejection Fee and any reasonable and properly evidenced professional fees), damages and losses (Loss) suffered or incurred by the Indemnified Parties which arise directly out of, or in consequence of, Our Default.

8.3. The indemnity in clause 8.2 may not be invoked to the to the extent that the Loss arises from  or is contributed to by (i) the negligence or wilful misconduct of You and/or the Indemnified Parties, or (ii) Customer Default. Nothing in this clause 8 shall restrict or limit the general obligation at law of the Indemnified Parties to mitigate any loss they may suffer or incur as a result of an event that may give rise to a claim under the indemnity.

8.4. We are only responsible for loss or damage suffered by the Indemnified Parties that is a foreseeable result of Our Default.   We are not responsible for any loss or damage that is not foreseeable. We are not liable to You or the Indemnified Parties for any:

• a)loss of profit;
• b)loss of business;
• c)business interruption; or
• d)loss of business opportunity.

8.5. Nothing in these Conditions limits or excludes the liability of either party for any liability which cannot be legally limited, including liability for fraud or fraudulent misrepresentation, death, or personal injury caused by negligence of that party.

9. Term and termination

9.1. The Contract shall commence on the Commencement Date and terminate on the later of Completion or receipt by Us of the Fee.

9.2. You may cancel the Report Services before We commence delivering them, i.e. if the Reports Portal status in respect of your Application is “awaiting to be taken”. You cannot cancel the Report Services (other than in accordance with clause 9.3) if the Reports Portal status in respect of Your Application is "in work". If you cancel the Report Services in accordance with this clause 9.2, then you will not be liable to pay any Fee.

9.3. You may terminate this Contract with immediate effect by giving notice to Us in the event that We:

• a) fail to remedy any failure to perform the Report Services in accordance with clause 5; or
• b) inform You that We will not be able to deliver the Requested Report to You within the Period for Completion, and this is not due to Your Default (including, without limitation, any failure to provide Us with the Information).

9.4. If You terminate the Contract in accordance with clause 9.3 then, without prejudice to Your other rights and remedies, You shall not be liable to pay the Fee. This shall be Your sole remedy for any termination on the grounds set out in clause 9.3 b).

9.5. You may only cancel an Application, or terminate the Contract, without incurring any liability in accordance with the provisions of either clause 9.2 or clause 9.3.

9.6. We may cancel your Application and terminate the Contract with immediate effect if You fail (in our sole opinion) to provide Us with the Information.

9.7. Clauses 7, 8 and 11 shall survive the termination of this Contract.

10. Events outside our control

10.1. We will not be in breach of the Contract nor liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under the Contract if such delay or failure results from an Event Outside Our Control (as after defined).

10.2. An Event Outside Our Control means any act or event beyond Our reasonable control including, without limitation, strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.

10.3. If an Event Outside Our Control affects the performance of Our obligations under the Contract, We will contact you as soon as reasonably possible to notify you. In such circumstances Our obligations under the Contract will be suspended, and the time for performance of Our obligations will be extended for the duration of the Event Outside Our Control. We will resume the Reports Services as soon as reasonably possible after the Event Outside Our Control ends.

10.4. If an Event Outside Our Control takes place, and you no longer wish Us to provide the Report Services, You may terminate the Contract without incurring any liability to Us.

11. Confidentiality

11.1. Except to the extent set out in this clause 11, or where disclosure is expressly permitted elsewhere in these Conditions, each party shall:

• a) treat the other party's Confidential Information as confidential and safeguard it accordingly, implementing appropriate technical and organisational measures to protect such Confidential Information against disclosure;
• b) use the Confidential Information for the purposes of the Contract and for no other purpose whatsoever; and
• c) not disclose the other party's Confidential Information to any other person without that party's prior written consent.

11.2. Clause 11.1 shall not apply to the extent that:

• a) such disclosure is a requirement of Law placed upon the party making the disclosure including (without limitation) Our obligations under FOISA and EIRs; or
• b) such information is already in the possession of the party making the disclosure without obligation of confidentiality, prior to its disclosure by the other party; or
• c) such information was obtained from a third party without obligation of confidentiality; or
• d) such information was already in the public domain at the time of disclosure otherwise than by a breach of this Contract.

12. Notices

12.1. Any notice or other communication which is to be given by a party under or in connection with the Contract must be in writing and shall be:

• a) addressed in accordance with clause 12.3; and
• b) sent by letter (delivered by hand, pre-paid first-class post, recorded delivery or special delivery) or sent by e-mail.

12.2. Provided the relevant notice or communication is not returned or rejected as undelivered, the notice or communication is deemed to have been received:

• a) if sent by letter, two (2) Working Days after the day on which the letter was posted; or
• b) if sent by email, four (4) Working Hours after the email was sent.

12.3. For the purposes of this clause 12, the address in respect of each party is as follows:

For Us:
Address: Meadowbank House, 153 London Road, Edinburgh EH8 7AU
For the attention of: Reports Team
E-mail: reports@ros.gov.uk

For You: as set out in the Application.

12.4. Either party may change its address details by notifying the other in accordance with this clause 12.

13. Complaints

13.1. If You have any issues, concerns or complaints in connection with Our performance of the Report Services or any other matter arising from the Contract (a Complaint), You shall notify us in writing. The parties shall attempt, in good faith, to resolve a Complaint within twenty (20) Working Days of receipt by Us of Your written notice (or such other timescale as shall be agreed in writing by the parties).

13.2. Efforts to resolve a Complaint shall involve the progression of Your Complaint in accordance with our published Complaints Handling Procedure (to the extent applicable, that is, up to but not including referral to the Scottish Public Services Ombudsman).

13.3. If the parties fail to resolve a Complaint in accordance with the timescales set out in clause 13.1 then either party may request, by notice in writing to the other party, that a Complaint be referred and resolved by arbitration in accordance with the following provisions:

• a) the arbitration shall be governed by the Arbitration (Scotland) Act 2010;
• b) the Scottish Arbitration Rules (Schedule 1 to the Arbitration (Scotland) Act 2010) in force at the date that the Complaint was referred to arbitration shall be applied; and
• c) the tribunal shall consist of a sole arbitrator. If the parties fail to agree the appointment of the arbitrator within ten (10) days of the written notification that the matter is being referred to arbitration, or if the person appointed is unable or unwilling to act, the arbitrator shall be appointed by the President for the time being of the Law Society of Scotland.

13.4. Nothing in this clause 13 shall prevent You from raising court proceedings in any court of competent jurisdiction in relation to the Complaint.  If arbitration has been initiated by either party in accordance with clause 13.3 at the time that You choose to raise court proceedings, then it is agreed that such arbitration is to be discontinued, unless the court finds that You have waived Your right to raise court proceedings by substantially participating in the arbitration.

14. Freedom of information

14.1. We are subject to the requirements of both the FOISA and EIRs. You will assist and reasonably cooperate with Us to enable Us to comply with these information disclosure requirements.

14.2. Where We receive a request for information concerning the Contract, We are responsible for determining, at Our absolute discretion, whether information requested is to be disclosed to the requester or whether the information requested is exempt from disclosure in accordance with the FOISA or EIRs. However, We shall give due consideration as to whether information is exempt from disclosure on the ground that disclosure may prejudice substantially Your commercial interests.

14.3. You acknowledge that We may be obliged, under the FOISA or EIRS, to disclose information requested concerning You or the Contract:

• a) in certain circumstances, without consulting You; or
• b) following consultation with You and having taken the Your views into account.

14.4. Where We disclose information without consulting You, We shall take reasonable steps, where practicable, to give You advance notice of the fact of disclosure.

15.Entire Agreement

16. Waiver

A waiver of any right or remedy under the Contract or by law if only effective if given in writing and shall not be deemed a waiver of any subsequent right or remedy. A failure of a party to insist upon strict performance of any provision of the Contract, or the failure or delay of a party to exercise any right or remedy provided under the Contract does not constitute a waiver of that or any other right or remedy, and does not cause a diminution of the obligations established by the Contract.

17. Severance

If any provision of the Contract is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction, such provision is severed and the remainder of the provisions of the Contract continue in full force and effect as if the Contract had been executed with the invalid, illegal or unenforceable provision eliminated.

18. Variation

Other than as expressly set out in these Conditions, the Contract shall not be varied or amended unless such variation or amendment is in agreed in writing by a duly authorised representative of both parties.

19. Third party rights

Unless it expressly states otherwise, the Contract does not give rise to any rights under the Contract (Third Party Rights) (Scotland) Act 2017 for any third party to enforce or otherwise invoke any term of the Contract.

20. Governing law and jurisdiction

The Contract is governed by and construed in accordance with Scots law and, subject to clause 13, the parties shall submit to the exclusive jurisdiction of the Scottish courts.

Appendix 1

Criteria for a Cannot be Completed Application

This Appendix sets out the reasons why We may categorise an Application as Cannot be Completed.

The reasons are as follows:

*  Where an Application is categorised as Cannot be Completed due to the reason numbered 1 above, and the plan or deed has not been attached:

*as a result of a RoS technical issue; or
*the Requested Report is over registered subjects, and the title number has been provided,

then the provisions at clause 4.10.b) of the Conditions shall not apply.

† Where an Application is categorised as Cannot be Completed due to the reason numbered 2 above, and the conflicting Information is a result of a RoS technical issue which has caused the wrong Subjects to be attached to the Application, and You have been unable to change this, then the provisions at clause 4.10.b) of the Conditions shall not apply.