Version 1.5 – PART A
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.
Table of Contents
1.1 “Free Car Check” (or “Us”) is owned and operated by Free Car Check Ltd, a Limited Company in England & Wales. Our Registered Company Number with Companies House is 11979543. Our principle mailing address is FreeCarCheck Ltd c/o Loucas, 15 Quarry Hill Rd, Tonbridge, TN9 2RN, United Kingdom.
1.2 “Data Check” means our core product, a downloadable digital report of a motor vehicle’s history – including but not limited to its M.O.T. status, mechanical history, VED road fund status and various other datasets that we provide to You.
1.3 “User”, “the Enquirer” 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 have purchased or intend to purchase 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 sometimes registered for VAT. If a Trade Seller uses this Website, no guarantees are offered whatsoever for any of the date that we provide You.
2. Disclaimers & Warranties
2.1 The material on this 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.
3.11 REFUND POLICY. By placing an order for a Data Check, you hereby accept that once you subsequently access or download the Data Check, you consent that you will lose your right to cancel the contract and obtain a refund (fully or partially, depending on the circumstances) after we provide the Data Check to you.
4. About the Data Guarantee
4.1 The Data Guarantee may provide compensation in the event of a specific error or omission in providing You with our data sets for the Designated Vehicle, and where a Loss has occurred as a direct result of the failure of the Data Check service.
4.1.1 Free Car Check receives data sets from various third-party sources. We do not warrant that any of this data is accurate. Herein are the terms and conditions (“the conditions”) upon which Free Car Check provide this Data Guarantee to You. You should read these conditions carefully and make sure you understand them. These conditions are supplemental to the Terms set out herein on this page, which together form the contract between Us and You. The Data Guarantee is subject to certain exclusions which may affect your ability to make a claim under it.
4.2 These sets of data together make up our Data Check service that we provide to You. Free Car Check do not guarantee the actions nor failures of third parties over which Free Car Check has no control.
4.3 In the event that inaccurate or incomplete data appears on Free Car Check’s databases as a result of Free Car Check’s error and / or Free Car Check fails to adequately pass the incorrect data that we utilise as part of our Data Check service to You; and where this failure results from our actions and You suffer either a Loss of title, or a diminution in value, of the Designated Vehicle due to the incomplete or inaccurate information we impart, then the Data Guarantee may be claimed upon.
4.4 Your obligations as part of the Data Guarantee. In order for any claim to qualify for this Data Guarantee you must satisfy all of the following:
a) The Data Guarantee is only applicable to the Enquirer and is non-transferable. The “Enquirer” is defined as the individual undertaking the purchase of the Designated Vehicle.
b) The Enquirer must be present at the time of the purchase;
c) The Enquirer must be present when the vehicle is received;
d) The Enquirer must be present when the purchase funds are handed over and must receive a signed and dated bill of sale from the seller.
e) The Enquirer must have fully verified, to the best of his or her ability, all of the data that Free Car Check provides as part of its Data Check service. You must ask the seller if the Designated Vehicle has ever been an insurance write-off or has any attaching finance charges. If any such information is offered then You must not proceed with the purchase if this information contradicts the Data Check available from Us;
f) The Enquirer must have viewed and diligently inspected the whole of the V5 relating to the Designated Vehicle and must make and retain a copy of the V5 before completing the purchase;
g) The Enquirer must retain a copy of any advert that they have seen for the Designated Vehicle. If via an internet-based advert then either a screenshot(s) saved as document or print-out the advert in its entirety is required;
h) If the Enquirer is purchasing from a private seller, then all reasonable efforts must be made to fully verify the identity of the seller, such as viewing a valid photographic driving licence or valid Passport. If this is not possible and some other identity verification method is offered, You agree that you will in the first instance contact Free Car Check to allow Us to verify if this is acceptable within the terms of this Data Guarantee; and
i) If purchasing from a Private Seller, the Enquirer must verify the Private Seller’s address and phone number by viewing a current utility bill and must record the account number or reference from it. If You have not purchased the Designated Vehicle from the registered keeper on the V5 then no claim will be accepted under this Data Guarantee.
4.5 To raise a claim under the Data Guarantee, You agree that the Data Guarantee is effective for the “Data Guarantee Period”, which is defined as the twelve (12) calendar months proceeding the date of your purchase of the Data Check service, or until you sell the Designated Vehicle, whichever occurs sooner. No claims submitted outside this period will be considered.
4.6 In order to make a successful claim under the Data Guarantee for the Finance Check Service (refer to Section 6), all of the following additional conditions must be met:
- You must be aged 18 years or older;
- You must have purchased the Finance Check Service for the Designated Vehicle;
- The Finance Check Service must be carried out before You purchase the Designated Vehicle;
- If the Designated Vehicle is more than 3 years old, it must be purchased with a valid MOT certificate;
- If the Designated Vehicle has been purchased from a private seller, it must be purchased from the individual named as the “registered keeper” on the vehicle registration certificate (V5C);
- You must inspect the vehicle registration certificate (V5C) before you purchase the vehicle to confirm that you are purchasing the vehicle from the registered keeper;
- The Designated Vehicle must be purchased inside Great Britain;
- You must provide Us with correct and complete information about the vehicle when You request the Finance Check Service;
- The vehicle identification number (VIN) must correspond with the vehicle registration mark (“VRM”) held by the DVLA in respect of that vehicle identification number (VIN);
- Free Car Check retains the right to inspect the Designated Vehicle once You have made a claim. If Free Car Check chooses to exercise this right, You must allow Us to carry out this inspection; and
- You must provide Us with evidence of any Losses, such as receipts, and any other documentation that might reasonably be required to assess the claim entered by You.
Financial Protection & Limits of the Data Guarantee
4.7 In undertaking a Data Check through our Website, You hereby agree that in any circumstances (including, without limitation) Free Car Check shall not be liable and will be indemnified and held harmless for any direct, indirect or consequential Loss or damage, or for any loss of business, capital, profit, reputation or goodwill whether caused by Us, our affiliates or agents arising out of or in connection with the contract or its subject matter.
4.8 In undertaking the Data Check, You agree that the extent of any claim will comprise solely of the Loss and financial limits as defined below.
4.8.1 The “Losses” which the Data Guarantee provides coverage against are certain financial Losses arising from issues in the Information provided to You in the Data Check service as set out below:
Issue with Information
Description of Loss
Limit of Protection
|Missing or incomplete financial information in respect of the Designated Vehicle|
If You fail to obtain good title to the Designated Vehicle as a result of missing or incomplete financial data as part of the Finance Check Service [refer to Section 6] only.
You are protected against Losses up to the market value of the Designated Vehicle at the time you make the claim under the Data Guarantee. Free Car Check will make any payment(s) to the lender of any outstanding finance on the Designated Vehicle (up to the Limit of Protection) in order that You can obtain good title.
|Missing or incomplete Police stolen status in respect of the Designated Vehicle|
For Loss of title as a result of the VRM that You checked, upon being reported to the Police as stolen, as at the date and time of you undertaking a Data Check from Us, and this Information having failed to reach Us due to an error (as opposed to a natural and / or unavoidable delay): a sum not exceeding £8,000 or one third of the market value as at the date of claim, or one third of the purchase price you paid for the Designated Vehicle; or the sum payable to acquire good title, whichever is the lesser.
|Missing or incomplete status of insurance ‘write-off’ (Cat A, Cat B) in respect of the Designated Vehicle|
For reductions in market value of the Designated Vehicle as a result of the VRM that You checked upon being deemed to be, in our opinion, a ‘total loss’ or ‘write-off’ in insurance categories A or B, as at the date and time of you undertaking a Data Check; and this Information having failed to reach Us due to an error on our part (as opposed to a natural and / or unavoidable delay): a sum not exceeding £2,500, or one third of the market value at the date of claim; or one third of the purchase price you paid for the Designated Vehicle, whichever is the lesser.
The Limit of Protection set out above is the maximum amount that Free Car Check will pay You in the event of any successful claim under the Data Guarantee.
5. Limitations of the Data Guarantee
5.1 Free Car Check shall not be liable for the accuracy of, or any Loss or damage arising from, any data we supply to You as a result of any incomplete or inaccurate data or information that You supply to Us or as a result of any other fault attributable to You. Except as expressly provided, all other conditions, terms and warranties, express or implied by statute or otherwise, are excluded to the fullest extent permissible under law.
5.2 Each provision of these Terms is to be construed as a separate limitation applying and surviving even if for any reason one or the other of the said provisions is held inapplicable or unreasonable in any circumstances, and shall remain in force.
5.3 The Data Guarantee shall only apply to submissions that are submitted to Us on this Website. Any submissions to other third-party websites are not covered by the Data Guarantee. To qualify for the Data Guarantee all of the following must apply:
5.3.1 The Designated Vehicle must be accompanied by a current, valid and legible copy of the V5C (‘Logbook’) from the DVLA, and not be a photocopy or duplicate.
5.3.2 You must order the Data Check service provided by Us prior to purchasing the Designated Vehicle.
5.3.3 You must verify that the Vehicle Identification Number (“VIN”), provided by Us as part of the Data Check, matches with the Designated Vehicle’s VIN imprint, and that the VIN is valid and legible. This must include, but is not limited to, the stamped VIN, the under-bonnet VIN and the VIN situated immediately below the windscreen.
5.3.4 You must be able to provide a copy of, at minimum and if requested, the V5C/2 ‘New Keeper Supplement’.
5.3.5 You must provide a copy of the original purchase order or purchase receipt for the Designated Vehicle, and this must proof of purchase must originate from, and clearly and easily be identified by, the valid trading UK company of which it originates, save for 5.3.6 below. For the avoidance of doubt, a valid trading UK company is one that is actively trading, is not dormant, and is registered as a legal business entity in the United Kingdom.
5.3.6 In the event that you acquired the Designated Vehicle from a private seller, then this purchase must have taken place at the private, home residence of the private seller and this address must match the address that appears on the V5C document; and that You agree that You acquired the Designated Vehicle from the private seller whose name appears on the V5C document.
5.3.7 In the event that You are aware of a potential inward claim against the Data Guarantee, You agree to immediately make all reasonable efforts to contact the seller of the Designated Vehicle, unless You have been expressly told not to by the police, to recover the Loss. For the avoidance of doubt, reasonable efforts means, but is not limited to, contacting the seller by telephone or in person, with the intention of resolving any dispute and to recover the Loss fully. Free Car Check reserves the right to withhold settlement of any claim until we believe, at our sole discretion, that You have made all reasonable, legal and exhaustive efforts to recover the Loss.
5.3.8 You must check that all the Information provided by Free Car Check in response to the Data Check accurately matches the Designated Vehicle itself and the corresponding V5C, and You must notify Free Car Check immediately of any discrepancies or omissions that You identify so that an investigation can be undertaken by Us. This information includes, but is not limited to, the vehicle’s make, model and derivative, visible parts of the Vehicle Identification Number (VIN) and so on.
5.4 Free Car Check does not cover all data we provide as part of the Data Guarantee. Except in respect of the Finance Check Service as detailed in Section 7, MIAFTR total Loss, and police stolen records held for the Designated Vehicle upon which you ran the Data Check, no further Information is covered. For the avoidance of doubt, the Designated Vehicle’s description, keeper data, the number of keepers, the date of keeper changes value, mileage, any accompanying documentation (V5/Logbook) and so on, are NOT covered by the Data Guarantee.
5.5 The Data Guarantee does not guarantee the condition, road-worthiness or legal status of the Designated Vehicle or any other vehicle. Further, the Data Guarantee does NOT provide cover from any Losses or expenses related to any of the following:
- The Designated Vehicle has a false vehicle registration mark (VRM) or vehicle identification number (VIN). This is sometimes known as a ‘cloned’ or ‘ringed’ vehicle and all such claims are specifically excluded from our Data Guarantee.
- The Loss, whether arising from the loss, destruction of or damage to the vehicle, occurs after the date of the Finance Check Service.
- The Loss represents lost profit or revenue for your business.
- The Data Guarantee does not provide protection for cash payments which exceed £2,500 or 10% of the purchase price of the Designated Vehicle (whichever is the lower).
- You have paid an unreasonable purchase price for the Designated Vehicle. An unreasonable price is considered to be any price that was considerably less or more than 70% of the market value of the Designated Vehicle, determined in reference to the retail value published in the Glass’s Guide, and adjusted for mileage and condition.
- Losses arising for vehicles other than cars, motorcycles or light commercial vehicles weighing up to 3.5 tonnes / 3,500kg.
- Losses resulting from the vehicle not being registered with the DVLA in the United Kingdom or which bears a vehicle registration mark (VRM) with the prefix or suffix “Q” or Losses in respect of vehicles registered or purchased outside mainland Great Britain, for example this includes but is not limited to: mainland Europe, the Bailiwick of Jersey, the Bailiwick of Guernsey, Northern Ireland or the Isle of Man.
- Losses arising from any incident prior to the vehicle first being registered with the DVLA.
- You have proceeded to purchase the vehicle despite the details provided by the seller not matching the information provided in the Data Check.
- You had prior knowledge of the circumstance(s) giving rise to the claim.
- You have failed to act as a reasonably prudent purchaser as set out in these Terms and Conditions herein.
- You knowingly made a false and/or fraudulent claim under the Data Guarantee.
- You have purchased the Designed Vehicle from a salvage agent or salvage type auction.
- You have purchased the Designated Vehicle from a seller on eBay Motors (eBay), Facebook Marketplace, Gumtree, or other similar UGC-style classified advert or auction website.
- You fail to provide timely and accurate information to Us when making a claim.
- If You are a Trade Seller or are involved with the motor trade in any capacity.
5.6 Free Car Check does not cover any Data Check provided to, nor originating from, the motor trade (for example, a Trade Seller) nor in respect of a vehicle that is covered by a motor trade insurance policy on, nor subsequent to, the date of purchase.
5.7 Free Car Check does not cover any claims for Loss or damage where You are unable to provide Us with proof of purchase for the Designated Vehicle. In this instance any such claim shall be rendered null and void. For the avoidance of doubt, proof of purchase is either a bank statement displaying a single payment of at least 80% of the purchase price of the Designated Vehicle, or a copy of a UK-registered cheque, stamped by your banking organisation, and payable to the vendor which must be legibly made out to the vendor’s trading name or, in the case of a private seller, the first and last name, as opposed to a third party.
5.8 Any claim for Loss under the Data Guarantee in respect of which You have obtained a loan other than with a Financial Conduct Authority (“FCA”)-approved & registered financial organisation, or where you are unable to provide Us with proof of repayment, shall be considered null and void. For the avoidance of doubt, proof of repayment means a valid, legible and original copy of a UK bank or building society statement AND a copy of the original financial agreement from the financial institution that loaned the funds to purchase the Designated Vehicle.
5.9 Any claim for Loss in respect of a vehicle for which, other than in the case of a loan with an FCA-approved finance organisation, you have not paid in full shall be considered null and void.
5.10 Payment transfers using money transfer companies (e.g. Western Union, Moneygram) or any form of email transfer are not acceptable methods of payment and using them will prevent You from making a claim under this Data Guarantee. Any payment by direct bank transfer must be made to a UK account in the name of the registered keeper named on the V5 and from a UK bank account in your name for any claim to be considered under the Data Guarantee.
5.11 Where the Designated Vehicle was purchased from a Trade Seller, any finance agreement taken out by You must be in your name and the Trade Seller must be a member of the Finance and Leasing Association.
5.12 When accepting any payment or other settlement for a claim from Us under the Terms of this Data Guarantee, You irrevocably transfer to Us any and all rights to pursue compensation or other value from the persons or organisations You purchased the Designated Vehicle from. You agree to provide Us with any and all evidence necessary for Us to reasonably pursue that claim.
5.13 Any claim for Loss under the Data Guarantee in respect of a vehicle being registered overseas, or any event which occurred prior to first registration in mainland Britain, shall be considered null and void. This includes any claim for the Designated Vehicle being previously registered outside of Great Britain.
5.14 Any claim for a Designated Vehicle registered post-1980 where the VIN is anything other than 17 alphanumeric figures, shall be considered null and void.
5.15 Any claim for Loss based on information that Free Car Check do not have access to, for example MIAFTR data that Free Car Check could not reasonably possess on the date of the Data Check. For example the Designated Vehicle had been recorded as an insurance write-off but had not been reported as such to the MIAFTR database at the time of the Data Check being undertaken.
5.16 Any claim for Loss where the Designated Vehicle has ever been subject to a plate change or plate transfer, shall be considered null and void.
5.17 Any claim for Loss where the Designated Vehicle has been purchased from a friend, partner, relative, employee, or someone known to You, shall be considered null and void.
5.18 Any claim for Loss where the Designated Vehicle is not purchased and within the Enquirer’s possession within 7 (seven) calendar days, shall be considered null and void.
6. Experian Finance Check Terms and Conditions
- References to “we”, “us” and “our” in Part B of these Terms and Conditions refer to Experian Limited (Company Number 653331).
- References to “you” or “your” in these Terms and Conditions are to you as a user of the Finance Check Service.
- “Free Car Check” or “FCC” means Free Car Check Ltd, registered company number 11979543, registered office address Platt Barn, Bullen Farm, East Peckham, Kent, TN12 5LX.
- “Data Check” means the vehicle information service provided by Free Car Check on the Application, which includes the option to purchase the Finance Check Service;
- “Finance Check Service” means our outstanding vehicle finance check service to provide consumers with information on whether a vehicle has a current financial agreement registered against it, which forms one element of the Data Check. The Finance Check Service automatically includes the Data Guarantee described herein.
- “Our Material” means content, data, and materials (including but not limited to information, reports, reviews, comment and opinion) delivered to you as part of the Finance Check Service (whether on a computer screen, in email or paper format) including application design, text and graphics, and their selection and arrangement, and all software compilations, underlying source code and software and applets.
- “Terms and Conditions” means the terms and conditions set out here
- “Your Data” means information and data you have provided to us or Free Car Check in connection with the Finance Check Service, which may from time to time include Personal Data as defined by the Data Protection Act 1998 (as amended).
6.2. About us
6.2.1 We are Experian Limited, a company registered in England and Wales at Companies House with company number 00653331. Our registered office is at The Sir John Peace Building, Experian Way, NG2 Business Park, Nottingham NG80 1ZZ, United Kingdom. Our VAT registration number is GB 887 1335 93.
6.2.2 We are members of the Experian group of companies – for further information see https://www.experiangroup.com.
6.3. Important information about these Terms and Conditions
6.3.1 These Terms and Conditions relate to your use of the Finance Check Service.
6.3.2 We intend to rely on these Terms and Conditions and it is our intention that you will be legally bound by them when you use the Finance Check Service. For your own benefit and protection you should read these Terms and Conditions carefully before using the Finance Check Service. IN PARTICULAR YOUR ATTENTION IS DRAWN TO THE SECTIONS ON “OUR LIABILITY TO YOU” (Section 7) AND OUR “DISCLAIMERS & WARRANTIES” (Section 2). If you do not understand any point or wish to make a complaint you should contact Free Car Check (using the contact details on the Application) in the first instance, who will put you through to the relevant team at Experian who will deal with your complaint.
6.3.3 We advise you to print these Terms and Conditions and keep a copy for your future reference.
6.3.4 You may have other consumer rights granted by law and these Terms and Conditions do not affect such rights.
7. Our Liability to You
7.1 For further information about your legal rights and how they may be affected by these Terms and Conditions including this section on our liability to you, we advise you to contact your local trading standards office or Citizens Advice Bureau. Nothing in these Terms and Conditions will affect these legal rights.
7.2 If Free Car Check fail to comply with these Terms and Conditions, we are responsible for Loss or damage that you suffer that is a foreseeable result or consequence of our breach of these Terms and Conditions or our negligence, but we are not responsible for any Loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by You and us at the time we entered into these Terms and Conditions.
7.3 Except as otherwise stated, apart from any entitlement you may have to compensation under the Data Guarantee in accordance with Section 2, Free Car Check’s aggregate liability to You arising out of or in connection with the Free Car Check Finance Check Service provided on or in connection with the Application shall not exceed £100.
7.4 Free Car Check only supplies the Finance Check Service for domestic and private use. You agree not to use the Finance Check Services for any commercial, business or re-sale purpose, and we have no liability to You for any business losses or other indirect losses which happen as a side effect of the main Loss or damage that you may incur, including, without limitation:
(a) lost business data;
(b) lost profits or contracts;
(c) lost earnings, income or revenue;
(d) business interruption or reduction in the value of an asset; and
(e) loss of anticipated savings.
7.5 If any problems arise with your use of the Finance Check Service, or you wish to make a complaint about the Finance Check Service please contact Free Car Check and in the first instance as soon as possible, using the contact details on the Application.