THESE TERMS AND CONDITIONS (“Terms”) govern www.FreeCarCheck.co.uk (herein referred to as “the Website” or “Free Car Check”). Please read these Terms and ensure that You have understood them. If You do not agree to these Terms, please cease use of the Website immediately.
1.1 “Free Car Check” is owned and operated by Uffiliate Ltd, a Limited Company in England & Wales. Our Registered Company Number with Companies House is 08448494. Our principle office is Platt Barn, Bullen Farm, Tonbridge, Kent, TN12 5LX, England.
1.2 “Data Check” means our core product, a downloadable digital report of a motor vehicle’s history – including but not limited to its MOT status, its Insurance status and various other datasets.
1.3 “User” or “You” means a person who seeks to purchase a motor vehicle for their own personal use and for which You have or intend to purchase a Data Check from Free Car Check.
1.4 “Designated Vehicle” means the motor vehicle summarily identified by the registration mark You provided, and for which You purchased a Data Check from Free Car Check.
1.5 “Private Seller” means an individual or organisation uninvolved in the motor trade who is selling a motor vehicle owned by them, and for which they are named as the Registered Keeper in the current V5 logbook.
1.6 “Trade Seller” means an individual or organisation who purchases motor vehicles with the intention to resell them, and where frequent private use of the motor vehicle is excluded. A Trade Seller will trade from legitimate business premises and is normally registered for VAT.
2. DISCLAIMER & WARRANTIES
2.1 The material on the Website is provided on an “as is” basis. We do not guarantee that the Website, or any content on it, will be free from errors or omissions or that the Website, or any content on it, will always be available or be uninterrupted. Access to the Website is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of the Website without notice. We will not be liable to You if for any reason the Website is unavailable at any time or for any period.
2.2 Nothing in these Terms excludes or limits Free Car Check’s liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.
2.3 In no event, subject to 2.2 above, shall Free Car Check be liable in contract, tort (including negligence) or otherwise for any loss of profits, goodwill, savings or business (whether any of the foregoing are direct or indirect), or for any special, indirect, incidental or consequential damages.
2.4 The information including the “Data Check” provided on the Website by Free Car Check is intended as information only and does not constitute advice. Therefore, it must not be relied on to assist in making or refraining from making a decision, or to assist in deciding on a course of action.
2.5 To the maximum extent permitted by law, Free Car Check expressly excludes all representations, warranties, obligations and liabilities in connection with the Website or other third-party websites, and the information provided therein.
2.6 Free Car Check will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any content on it, or on any website linked to it or to any email sent by Free Car Check to you.
2.7 Other than in relation to links to third party websites, Free Car Check owns or has a licence to use all rights, titles and interest in and to the Website, including without limitation all copyright and any other intellectual property rights therein. Some of the content is produced in whole or in part under licence from, and based in whole or in part from, copyright material of third parties. These Terms shall not be construed to convey title to or ownership of the Website or the data contained therein to any User. All rights in and to the Website not expressly granted to You are reserved by Free Car Check.
2.8 You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You agree that You will not attempt to alter the functionality, behaviour, inputs, outputs or processes involved in exchanging information with Us. Any unauthorised use may be unlawful. You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not use manual or automated software, devices, scripts, robots, or other means or processes to access, “scrape”, “crawl”, or “spider” any pages contained in the Website.
2.9 Prices stated on this Website include VAT unless otherwise noted. These Terms and their performance shall be governed by and construed in accordance with the laws of England and Wales and the parties hereby submit to the exclusive jurisdiction of the courts of England and Wales.
3.1 You may print and keep a copy of these Terms, which form the entire agreement between You and Free Car Check and supersede any other communications or advertising with respect to the Website.
3.2 These Terms may only be modified with the prior written consent of Free Car Check. Free Car Check may alter or amend these Terms at any time, with immediate effect and without notice. Please check this page from time to time to take notice of any amendments as by continuing to use the Website after such alteration, You will be deemed to have accepted any amendment to these Terms.
3.3 These Terms and their performance shall be governed by and construed in accordance with the laws of England and Wales and the parties hereby submit to the exclusive jurisdiction of the courts of England and Wales.
3.4 You shall comply with all foreign and local laws and regulations which apply to your use of the Website in whatever country You are physically located, including without limitation, consumer law, export control laws and regulations.
3.5 You agree that because of the unique nature of the Website and Free Car Check’s proprietary rights therein, a demonstrated breach of these Terms by You would irreparably harm Free Car Check and monetary damages would be inadequate compensation. Therefore, You agree that Free Car Check shall be entitled to preliminary and permanent injunctive relief, as determined by any court of competent jurisdiction to enforce the provisions of these Terms.
3.6 If any provision of these Terms is declared void, illegal or unenforceable, the remainder of these Terms will be valid and enforceable to the extent permitted by applicable law. In such event, the parties agree to use their best efforts to replace the invalid or unenforceable provision by a provision that, to the extent permitted by the applicable law, achieves the purposes intended under the invalid or unenforceable provision.
3.7 Any failure by any party to these Terms to enforce at any time any term or condition under these Terms will not be considered a waiver of that party’s right thereafter to enforce each and every term and condition of these Terms.
3.8 Neither party will be responsible for delays resulting from circumstances beyond the reasonable control of such party, provided that the non-performing party uses reasonable efforts to avoid or remove such causes of non-performance and continues performance hereunder with reasonable dispatch whenever such causes are removed.
3.9 Nothing in these Terms shall give, directly or indirectly, any third party any enforceable benefit or any right of action against Free Car Check and such third parties shall not be entitled to enforce any term of these Terms against Free Car Check.
3.10 If You feel that any materials appearing on the Website have potential to be offensive, objectionable or defamatory please contact Free Car Check by way of our contact page providing full details of the nature of your complaint and the materials to which the complaint relates.
3. About our Data Guarantee
3.1 The Data Guarantee provides compensation in the event of our:
- error when receiving data from the MIAFTR, or the Police Stolen data extract
- failure to provide data in our possession in respect of Insurance Total Loss vehicles (Category A,B,C,D) or vehicles recorded as stolen by the Police, which directly results in You suffering a financial loss (defined below).