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terms and conditions

terms and conditions

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This is an archive copy of this document. It is available for review only.

The current version is available here.

Our terms and conditions

Please make sure that you read our terms and conditions carefully (including in particular the limitations of liability and exclusions at clause 11), we encourage for your records, to read and print or save a copy of these terms and keep them in a safe place, along with a copy of the information supplied by us relating to a vehicle registration mark (VRM) in response to your enquiry (Vehicle Check).

  1. These terms

    1. What these terms cover.

      These are the terms and conditions on which we supply the Vehicle Check to you, either by way of text, through applications or through our website at mycarcheck.com.

    2. Why you should read them.

      Please read these terms carefully before you submit your order to us because you will be bound by these terms once a contract comes into existence. These terms tell you who we are, how we will provide the Vehicle Check to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us using this link Contact Us.

    3. Are you a business customer or a consumer?

      In some areas you will have different rights under these terms depending on whether you are a business or consumer.

      • You are a consumer if you are an individual and you are buying a Vehicle Check from us wholly or mainly for your personal use.

      • You are a business customer if you purchase our Vehicle Check for use in connection with your trade, business, craft or profession, provisions specific only to business customers will be identified where appropriate.

    4. If you are a business customer this is our entire agreement with you.

      If you are a business customer these terms constitute the entire agreement between us in relation to your purchase of a Vehicle Check(s). You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.

    5. Before you request a Vehicle Check.

      Vehicle Checks are intended to be used only for certain purposes. By submitting a request for a Vehicle Check, you acknowledge that one or more of the following cases apply:

      1. you are either the owner or registered keeper of that vehicle; or

      2. the vehicle registration number relates to a vehicle that is being, or is intended to be, marketed or offered for sale; or

      3. you have a genuine and legitimate interest in determining the provenance, statue or technical specification of that vehicle; or

      4. the vehicle registration number relates to a vehicle that you are involved in providing services to.

  2. Information about us and how to contact us

    1. Who we are.

      We are CDL Vehicle Information Services Limited ("CDL VIS") ("We, Us or Our"). We are registered in Scotland under company number SC264444 and have our registered office at 1 George Square, Castle Brae, Dunfermline, Fife, KY11 8QF. Our main trading address is Strata House, Kings Reach Road, Stockport, SK4 2HD. Our VAT number is 722 1188 33.

    2. To contact us

      please use this link Contact Us.

    3. How we may contact you

      If we have to contact you, we will do so by telephone or by writing to you at the email address you provided to us in your registration form in connection with the Vehicle Check.

    4. "Writing" includes emails

      When we use the words "writing" or "written" in these terms, this includes emails.

  3. Our contract with you

    1. How we will accept your order

      When you submit a request for a Vehicle Check to us and make the payment at the current amount and method as described on the website, on the application or by text or via the call centre (as applicable), that constitutes an offer by you to enter into a contract with us for the provision of a Vehicle Check by us, subject to these terms and conditions. Our acceptance of your request for a Vehicle Check will take place when we provide you with the information relating to the Vehicle Check (or if you request a Vehicle Check Bundle, when we provide you with the information relating to the first Vehicle Check you request from your Vehicle Check Bundle), at which point a contract will come into existence between you and us at which point, you will become bound by these terms.

    2. Your reference number

      We will assign a reference number to your order and tell you what it is when we accept your order. It will help us if you can tell us the reference number whenever you contact us about your order.

    3. If we cannot accept your Vehicle Check

      If we are unable to accept your request for a Vehicle Check, we will inform you of this and will not charge you for the Vehicle Check. This might be because of unexpected limits on our resources which we could not reasonably plan for or because we have identified an error in the price or description of the Vehicle Check.

    4. We only sell to the UK and Northern Ireland

      Our website is solely for the promotion of Vehicle Checks in the UK and Northern Ireland (excluding the Isle of Man and the Channel Islands). Unfortunately, we do not supply Vehicle Checks from addresses outside the UK including the Republic of Ireland.

    5. You must be over 16

      To buy our Vehicle Checks you must be at least 16 years old and reside in the UK or Northern Ireland.

  4. Our rights to make changes

    1. Minor changes to the Vehicle Checks

      We may change the Vehicle Checks:

      • to reflect changes in relevant laws and regulatory requirements; and/or

      • to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the Vehicle Checks.

    2. More significant changes to the Vehicle Checks and these terms.

      In addition, we may make changes to these terms and/or the Vehicle Checks, but if we do so we will notify you on the website, on the SMS website or in the applications.

    3. Updates to digital content

      We may update or require you to update digital content, provided that the digital content shall always match the description of it that we provided to you before you bought it.

  5. Providing the Vehicle Checks

    1. When we will provide the Vehicle Checks

      We will provide the Vehicle Check as soon as possible after we have received your request for a Vehicle Check and full payment (including by a Vehicle Check Bundle credit) from you relating to the Vehicle Check.

    2. We are not responsible for delays outside our control

      If our supply of the Vehicle Check is delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any Vehicle Check you have paid for but not received.

    3. What will happen if you do not give required information or you provide incorrect information to us

      We need certain information from you so that we can supply the Vehicle Check to you, for example, details about the vehicle that you would like us to check including the Vehicle Registration Mark (or VRM), your personal details so that you can register with us and payment details such as credit card information. Our system will require you to complete this information on the website/on the app/or by text or via our call centre (as applicable). If you do not give us this information or if you give us incomplete or incorrect information, we may end the contract or we will charge you if we have carried out a Vehicle Check based on incorrect information that has been supplied by you, or we may charge you a reasonable sum which will compensate us for any extra work that may be required as a result of incorrect information being supplied by you.

    4. Reasons we may suspend the supply of Vehicle Checks to you

      We may have to suspend the supply of a Vehicle Check to:

      • deal with technical problems or make minor technical changes;
      • update the Vehicle Check to reflect changes in relevant laws and regulatory requirements;
      • make changes to the Vehicle Check as requested by you or notified by us to you.
    5. Your rights if we suspend the supply of Vehicle Checks

      If we have to suspend the Vehicle Check for longer than one week, or if we tell you we are going to suspend it, in each case you may contact us and ask for a refund of any sums you have paid in advance for the Vehicle Check if you have not received the Vehicle Check within one week of you having ordered it. If the Vehicle Check was ordered using a credit from a Vehicle Check Bundle, you will be entitled to elect to either, receive a pro-rata refund of the bundle price in respect of that credit, or to receive a replacement credit for each check ordered and not received within one week. If you ordered a single Vehicle Check our contract will end when we send you a refund.

  6. Your rights to end your contract with us

    Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing, when you decide to end the contract and whether you are a consumer or business customer.

    1. If you are a consumer who has purchased a Vehicle Check Bundle, you have a legal right to change your mind within 14 days to end the contract and receive a refund. However, if you exercise your right to cancel, you agree to pay for any Vehicle Checks that we have already provided, at your request, before you told us about your decision to cancel. If you cancel within the cancellation period but before you have used all your credits, you will be entitled to a refund based on the number of credits that are unused when we receive your cancellation, as set out in the table below.

      Unused checks at cancellation Refund amount if purchased 3-check bundle Refund amount if purchased 5-check bundle Refund amount if purchased 20-check bundle
      0 No refund No refund No refund
      1 33% of difference between bundle price and single price 25% of difference between bundle price and single price % of difference between bundle price and single price
      2 Difference between bundle price and single price 50% of difference between bundle price and single price 5% of difference between bundle price and single price
      3 Full price paid 75% of difference between bundle price and single price 10% of difference between bundle price and single price
      4 N/A Difference between bundle price and single price 15% of difference between bundle price and single price
      5 N/A Full price paid 20% of difference between bundle price and single price
      6 N/A N/A 25% of difference between bundle price and single price
      7 N/A N/A 30% of difference between bundle price and single price
      8 N/A N/A 35% of difference between bundle price and single price
      9 N/A N/A 40% of difference between bundle price and single price
      10 N/A N/A 45% of difference between bundle price and single price
      11 N/A N/A 50% of difference between bundle price and single price
      12 N/A N/A 55% of difference between bundle price and single price
      13 N/A N/A 60% of difference between bundle price and single price
      14 N/A N/A 65% of difference between bundle price and single price
      15 N/A N/A 70% of difference between bundle price and single price
      16 N/A N/A 75% of difference between bundle price and single price
      17 N/A N/A 80% of difference between bundle price and single price
      18 N/A N/A 90% of difference between bundle price and single price
      19 N/A N/A Difference between bundle price and single price
      20 N/A N/A Full price paid
    2. The cancellation period ends after 14 days from the day you order and pay for your Vehicle Check Bundle. To exercise your right to cancel, you must tell us of your decision to cancel (e.g. by e-mail or letter sent by post). You can tell us using the model cancellation form in the Appendix, but we do not insist you do so.

    3. If you are a consumer buying a single Vehicle Check, due to the immediate nature of the Vehicle Check, you have a right to change your mind from the time you request the Vehicle Check to the time prior to receiving the information from us relating to the Vehicle Check. Once you have received the information relating to the Vehicle Check that you have requested, you do not have a right to change your mind and therefore you will not be entitled to receive a refund.

    4. If you have not received the information from us relating to the Vehicle Check the following may apply:

      1. If you want to end the contract because of something we have done or have told you we are going to do, see clause 6.5;

      2. If you are a consumer and have just changed your mind about the Vehicle Check. You may be able to get a refund if you have requested the Vehicle Check but have not received the information relating to that Vehicle Check, but this may be subject to deductions, however if you have already received information after performing a Vehicle Check a refund will not be possible, see clause 7;

      3. In all other cases (if we are not at fault and you are not a consumer exercising your right to change your mind), see clause 7

    5. Ending the contract because of something we have done or are going to do

      If you are ending a contract for a reason set out at (a) to (c) below the contract will end immediately and we will refund you in full for any Vehicle Checks which have not been provided and you may also be entitled to compensation. The reasons are:

      1. there is a risk that supply of the Vehicle Check may be significantly delayed because of events outside our control;

      2. we have suspended supply of the Vehicle Checks for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 7 days; or

      3. you have a legal right to end the contract because of something we have done wrong.

  7. How to end the contract with us (including if you are a consumer who has changed their mind before receiving the information relating to the Vehicle Check)

    1. Tell us you want to end the contract.

      To end the contract with us, please let us know by using this link Contact Us. Please provide your name, home address, details of the order and, where available, your phone number and email address.

    2. How we will refund you

      If you are entitled to a refund under these terms we will refund you the price you paid for the Vehicle Check (if you purchased a Vehicle Check Bundle, this will be calculated as a pro-rata refund of the bundle price based on the number of unused Bundle credits), by the method you used for payment. However, we may make deductions from the price, as described below.

    3. When your refund will be made.

      We will make any refunds due to you as soon as possible. If you are a consumer exercising your right to change your mind prior to receiving the information relating to the Vehicle Check, then your refund will be made within 14 days of your telling us you have changed your mind.

  8. If there is a problem with the Vehicle Check

    If you have any questions or complaints about the Vehicle Check, please contact us. You can get in touch with our customer service team using this link Contact Us.

  9. Your rights in respect of a defective Vehicle Check if you are a consumer

    If you are a consumer we are under a legal duty to supply a Vehicle Check that is in conformity with this contract. Nothing in these terms will affect your legal rights.

  10. Price and payment

    1. Where to find the price for the Vehicle Checks

      The price of the Vehicle Check (which includes VAT) will be the price indicated on the call centre/website/text/application (as applicable) when you requested the Vehicle Check. We take all reasonable care to ensure that the price of each of the Vehicle Check products advised to you is correct at the time of purchase. However please see clause 10.2 for what happens if we discover an error in the price of the Vehicle Check you order.

    2. What happens if we got the price wrong

      It is always possible that, despite our best efforts, some of the Vehicle Checks we sell may be incorrectly priced. We will normally check prices before accepting your request so that, where the Vehicle Check's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the Vehicle Check's correct price at your order date is higher than the price stated to you, you will need to contact us and where possible we will try and rectify your order.

    3. When you must pay and how you must pay

      We accept payment with Paypal, Visa, Switch, Delta, Mastercard and Maestro. You must pay for the Vehicle Check via the call centre/website/application/text (depending on what medium you requested the Vehicle Check) prior to receiving the Vehicle Check information from us.

    4. Our right of set-off if you are a business customer

      If you are a business customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).

    5. We can charge interest if you pay late

      If you do not make any payment to us by the due date, we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of the Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.

  11. Exclusions/ Limitations on Liability – your attention is drawn specifically to this clause

    1. The Vehicle Check is based on data that we obtain from third parties such as the Driver and Vehicle Licensing Agency (DVLA), the Police National Computer, the Motor Insurance Anti-Fraud Theft Register (MIAFTR) and the Motor Insurers Bureau (MIB) and whilst we take reasonable care to ensure that the Vehicle Check contains the latest information that is in our possession at the time relating to the particular vehicle that is the subject of the Vehicle Check:

      1. we do not warrant or guarantee that the data provided as part of any Vehicle Data Check will be accurate, true or complete,
      2. we do have not control over the time taken by these third party organisations to provide data and reasonable processing time will be required to process data received by the third parties supplying data to us,
      3. it is not intended to be used as the sole basis for any decisions (including any decision to buy a car) and should not be relied upon in isolation (purchasing a vehicle check is just one step that can be taken and would not reveal for example that a vehicle was “ringed” or “cloned”), and
      4. subject to clause 11.2 below, we shall not be liable in any circumstances for any loss or damage arising from any inaccuracies, faults or omissions in the information contained in the Vehicle Check unless caused by our wilful default.
    2. Nothing in these terms shall limit or exclude our liability for:

      1. death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
      2. fraud or fraudulent misrepresentation;
      3. breach of the Supply of Goods and Services Act 1982; or
      4. any matter in respect of which it would be unlawful for us to exclude or restrict liability.
    3. Subject to clause 11.2:

      1. we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for the following types of losses;
        1. loss of profit, or
        2. any indirect or consequential loss (even if we had notice of the possibility of such losses) arising under or in connection with any contract between us); and
        3. if you are a business customer; loss of earnings, loss of business or goodwill, business interruption, anticipated savings, increase in bad debt, loss of sales or revenue, failure to reduce bad debt or reduction in value of an asset (even if we had notice of the possibility of such losses) arising under or in connection with any contract between us),
      2. our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to 120% of the total sums paid by you for the Vehicle Check under such contract.
    4. When we are liable for damage caused by defective digital content

      If you are a consumer defective digital content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

  12. Price and payment

    We will only use your personal information as set out in our Privacy Policy.

  13. Other important terms

    1. We may transfer this agreement to someone else

      We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract. If you are unhappy with the transfer you may contact us to end the contract within 7 days of us telling you about it and we will refund you any payments you have made in advance for any Vehicle Checks not provided.

    2. You need our consent to transfer your rights to someone else.

      You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing, we may not agree if the Vehicle Check has not been used for your own personal use or if you have not complied with our terms and conditions.

    3. Nobody else has any rights under this contract

      This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms

    4. If a court finds part of this contract illegal, the rest will continue in force.

      Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

    5. Even if we delay in enforcing this contract, we can still enforce it later

      If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

    6. Which laws apply to this contract and where you may bring legal proceedings if you are a consumer.

      These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts.

    7. Which laws apply to this contract and where you may bring legal proceedings if you are a business.

      If you are a business, any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and the courts of England shall have exclusive jurisdiction to settle any such dispute or claim.

Model Cancellation Form

(Complete and return this form only if you wish to withdraw from the contract)

CDL Vehicle Information Services Limited t/a My Car Check Strata House Kings Reach Road Stockport SK4 2HD I hereby give notice that I cancel my contract for the supply of the following service: Vehicle Check Bundle Ordered on: …………………………………………………………………………… Name of consumer: …………………………………………………………………………… Address of consumer: …………………………………………………………………………… …………………………………………………………………………… …………………………………………………………………………… …………………………………………………………………………… …………………………………………………………………………… …………………………………………………………………………… Signature of consumer: …………………………………………………………………………… (only if this form is notified on paper) Date: ……………………………………………………………………………

A previous version of this document is available for review.

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