SMMT Subscription – Terms of Use

AGREED TERMS

Your attention is particularly drawn to the provisions of clause 12 (Limitation of liability).

1. About us

1.1 Company details

We are CDL Vehicle Information Services Limited (company number SC264444) (we and us) a company registered in Scotland and our registered office is at 1 George Square, Castle Brae, Dunfermline, Fife, KY11 8QF.

1.2

Our main trading address is Strata House, Kings Reach Road, Stockport, SK4 2HD. Our VAT number is 722 1188 33. We operate the following websites: mycarcheck.com and cdlvis.com.

1.3 Contacting us

To contact us telephone our customer service 0330 331 0030 team at or email customercare@mycarcheck.com. How to give us formal notice of any matter under the Contract is set out in clause 16.2.

2. Our contract with you

2.1 Our contract

These terms and conditions (Terms) apply to the order by you and supply of Services by us to you (Contract). They apply to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.

2.2 Entire agreement

The Contract is the entire agreement between you and us in relation to its subject matter. You acknowledge that you have not relied on any statement, promise or representation or assurance or warranty that is not set out in the Contract.

2.3 Language

These Terms and the Contract are made only in the English language.

2.4 Your copy

You should print or save a copy of these Terms for future reference.

2.5 You must be over 16

To buy our Services you must be at least 16 years old and reside in the UK (excluding the Republic of Ireland).

2.6 Limitation of what the products contain

For the avoidance of doubt, our products for businesses do not include a finance check (except if you have undertaken a Pro History Check where the finance check is included) or a guarantee.

3. Placing an order and its acceptance

3.1 Placing your order

You may only submit an order using the method set out on the relevant website, such as directly through one of our websites, through our call centre, via a mobile text service or by using an application (Platform). Each order is an offer by you to buy the services specified in the order (Services) subject to these Terms.

3.2 Correcting input errors

Our order processes allow you to amend any errors before submitting your order to us. Please check the order carefully before confirming it. You are responsible for ensuring that your order is complete and accurate.

3.3 Accepting your order

Our acceptance of your order takes place when we send confirmation to you to accept it or we provide the information you require as a result of purchasing our Services via the relevant Platform (Order Confirmation), at which point and on which date (Commencement Date) the Contract between you and us will come into existence. The Contract will relate only to those Services confirmed in the Order Confirmation.

3.4 If we cannot accept your order

If we are unable to supply you with the Services for any reason, we will inform you of this and we will not process your order. You should contact us as set out at clause 1.3 above so that we can remedy the issue if possible. If it is not possible for us to remedy the issue and if you have already paid for the Services, we will refund you the full amount.

4. Our services

4.1 Descriptions and illustrations

Any descriptions or illustrations on our website, application or by text are published for the sole purpose of giving an approximate idea of the services described in them. They will not form part of the Contract or have any contractual force.

4.2 Compliance with specification

Subject to our right to amend the specification (see clause 4.3) we will supply the Services to you in accordance with the specification for the Services appearing on the relevant Platform that you have accessed at the date of your order in all material respects.

4.3 Changes to specification

We reserve the right to amend the specification of the Services if required by any applicable statutory or regulatory requirement or if the amendment will not materially affect the nature or quality of the Services, and we will notify you in advance of any such event.

4.4 Reasonable care and skill

We warrant to you that the Services will be provided using reasonable care and skill.

4.5 Time for performance

We will use all reasonable endeavours to meet any performance dates specified in the Order Confirmation, but any such dates are estimates only and failure to perform the Services by such dates will not give you the right to terminate the Contract.

5. Your obligations

5.1

It is your responsibility to ensure that:

  1. the terms of your order are complete and accurate;
  2. you co-operate with us in all matters relating to the Services;
  3. you provide us with such information and materials we may reasonably require in order to supply the Services, and ensure that such information is complete and accurate in all material respects;
  4. your technology is up to date; and
  5. you comply with any additional reasonable obligations that we may request.

5.2

If our ability to perform the Services is prevented or delayed by any failure by you to fulfil any obligation listed in clause 5.1 (Your Default):

  1. we will be entitled to suspend performance of the Services until you remedy Your Default, and to rely on Your Default to relieve us from the performance of the Services, in each case to the extent Your Default prevents or delays performance of the Services. In certain circumstances Your Default may entitle us to terminate the contract under clause 14 (Termination);
  2. we will not be responsible for any costs or losses you sustain or incur arising directly or indirectly from our failure or delay to perform the Services; and
  3. it will be your responsibility to reimburse us on written demand for any costs or losses we sustain or incur arising directly or indirectly from Your Default.

6. We only sell to the UK and Northern Ireland

Our Platforms are solely for the promotion of our products in the UK and Northern Ireland. Unfortunately, we do not accept orders from the Isle of Man and the Channel Islands and addresses outside the UK and Northern Ireland.

7. Charges

7.1

In consideration of us providing the Services you must pay our charges (Charges) in accordance with this clause 7. The Charges are the prices quoted on our website, through our call centre, text or mobile application at the time you submit your order to us.

7.2

We take all reasonable care to ensure that the prices stated for the Services are correct at the time when the relevant information was entered into the system. However, please see clause 7.5 for what happens if we discover an error in the price of the Services you ordered.

7.3

Our Charges may change from time to time, but changes will not affect any order you have already placed.

7.4

Our Charges are inclusive of VAT unless stated otherwise. Where VAT is payable in respect of some or all of the Services you must pay us such additional amounts in respect of VAT, at the applicable rate, at the same time as you pay the Charges.

7.5

It is always possible that, despite our reasonable efforts, some of the Services accessible via our Platforms may be incorrectly priced. If the correct price for the Services is higher than the price stated on the relevant Platform, we will contact you as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Services at the correct price or cancelling your order. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. However, if we mistakenly accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may cancel supply of the Services and refund you any sums you have paid.

8. How to pay

8.1

Payment for the Services is in advance. We will take your payment upon acceptance of your order via the relevant Platform.

8.2

You can pay for the Services using Paypal, Visa, Switch, Delta, Mastercard and Maestro.

8.3

If you fail to make a payment under the Contract by the due date, then, without limiting our remedies under clause 14 (Termination), you will have to pay interest on the overdue sum from the due date until payment of the overdue sum, whether before or after judgment. Interest under this clause 8.3 will accrue each day at 4% a year above the Bank of England's base rate from time to time, but at 4% a year for any period when that base rate is below 0%.

8.4

You must pay all amounts due under the Contract in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).

9. Complaints

In the unlikelihood that you have any questions or complaints, please contact us. You can telephone our customer service team at 0330 331 0030 or write to us at customercare@mycarcheck.com.

10. Intellectual property rights

10.1

All intellectual property rights in or arising out of or in connection with the Services will be owned by us.

10.2

We agree to grant you a fully paid-up, worldwide, non-exclusive, royalty-free licence during the term of the Contract to copy the deliverables specified in your order (excluding materials provided you) for the purpose of receiving and using the Services and such deliverables in your business. You may not sub-license, assign or otherwise transfer the rights granted in this clause 10.2.

10.3

You agree to grant us a fully paid-up, non-exclusive, royalty-free, non-transferable licence to copy and modify any materials provided by you to us for the term of the Contract for the purpose of providing the Services to you.

11. How we may use your personal information

11.1

We will use any personal information you provide to us to:

  1. provide the Services;
  2. process your payment for the Services; and
  3. inform you about similar products or services that we provide, but you may stop receiving these at any time by contacting us.

Further details of how we will process personal information are set out in our privacy policy on our website or by using the following link: https://www.mycarcheck.com/about/privacy/

12. Limitation of liability: YOUR ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE.

12.1

Nothing in the Contract limits or excludes our liability for:

  1. death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors;
  2. fraud or fraudulent misrepresentation; or
  3. breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession) or any other liability which cannot be limited or excluded by applicable law.

12.2

Subject to clause 12.1, we will not be liable to you, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with the Contract for:

  1. loss of profits;
  2. loss of sales or business;
  3. loss of agreements or contracts;
  4. loss of anticipated savings;
  5. loss of use or corruption of software, data or information;
  6. loss of or damage to goodwill; and
  7. any indirect or consequential loss.

12.3

Subject to clause 12.1, our total liability to you arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, will be limited to 120% of the total Charges paid under the Contract.

12.4

Except as expressly stated in these Terms, we do not give any representations, warranties or undertakings in relation to the Services. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, including without limitation the terms implied by sections 3 to 5 of the Supply of Goods and Services Act 1982, by common law or otherwise are, to the fullest extent permitted by law, excluded from the Contract.

12.5

Nothing in these Terms limits or affects the exclusions and limitations set out in our Website Terms and Conditions of Use.

12.6

This clause 12 will survive termination of the Contract.

13. Confidentiality

13.1

We each undertake that we will not at any time during the Contract, disclose to any person any confidential information concerning one another's business, affairs, customers, clients or suppliers, except as permitted by clause 13.2.

13.2

We each may disclose the other's confidential information:

  1. to such of our respective employees, officers, representatives, subcontractors or advisers who need to know such information for the purposes of carrying out our respective obligations under the Contract. We will each ensure that such employees, officers, representatives, subcontractors or advisers comply with this clause 13; and
  2. as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.

13.3

Each of us may only use the other's confidential information for the purpose of fulfilling our respective obligations under the Contract.

14. Termination

14.1

Without limiting any of our other rights, we may suspend the performance of the Services, or terminate the Contract with immediate effect by giving written notice to you if:

  1. you commit a material breach of any term of the Contract and (if such a breach is remediable) fail to remedy that breach within 7 days of you being notified in writing to do so;
  2. you fail to pay any amount due under the Contract on the due date for payment;
  3. you take any step or action in connection with you entering administration, provisional liquidation or any composition or arrangement with your creditors (other than in relation to a solvent restructuring), being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of your assets or ceasing to carry on business;
  4. you suspend, threaten to suspend, cease or threaten to cease to carry on all or a substantial part of your business; or
  5. your financial position deteriorates to such an extent that in our opinion your capability to adequately fulfil your obligations under the Contract has been placed in jeopardy.

14.2

Without affecting any other right or remedy available to it, we may terminate this agreement on giving not less than 14 days' notice for any reason, in which case we shall refund you for the Charges that you have paid in advance for the Services that you requested. We shall make a pro-rata adjustment of the refund for any Services that have been completed.

14.3

Termination of the Contract will not affect your or our rights and remedies that have accrued as at termination.

14.4

Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination will remain in full force and effect.

15. Events outside our control

15.1

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by any act or event beyond our reasonable control (Event Outside Our Control).

15.2

If an Event Outside Our Control takes place that affects the performance of our obligations under the Contract:

  1. we will contact you as soon as reasonably possible to notify you; and
  2. 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 arrange a new date for performance of the Services with you after the Event Outside Our Control is over.

15.3

You may cancel the Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel we will refund the price you have paid, less the charges reasonably and actually incurred us by in performing the Services up to the date of the occurrence of the Event Outside Our Control.

16. Communications between us

16.1

When we refer to "in writing" in these Terms, this includes email.

16.2

Any notice or other communication given by one of us to the other under or in connection with the Contract must be in writing and be delivered personally, sent by pre-paid first-class post or other next working day delivery service, or email.

16.3

A notice or other communication is deemed to have been received:

  1. if delivered personally, on signature of a delivery receipt or at the time the notice is left at the proper address;
  2. if sent by pre-paid first-class post or other next working day delivery service, at 9.00 am on the second working day after posting; or
  3. if sent by email, at 9.00 am the next working day after transmission.

16.4

In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.

16.5

The provisions of this clause will not apply to the service of any proceedings or other documents in any legal action.

17. General

17.1 Assignment and transfer

  1. We may assign or transfer our rights and obligations under the Contract to another entity but will always notify you in writing or by posting on this webpage if this happens.
  2. You may only assign or transfer your rights or your obligations under the Contract to another person if we agree in writing.

17.2 Variation

Any variation of the Contract only has effect if it is in writing and signed by you and us (or our respective authorised representatives).

17.3 Waiver

If we do not insist that you perform any of your obligations under the Contract, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you or that you do not have to comply with those obligations. If we do waive any rights, we will only do so in writing, and that will not mean that we will automatically waive any right related to any later default by you.

17.4 Severance

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

17.5 Third party rights

The Contract is between you and us. No other person has any rights to enforce any of its terms. Your request for a data check is between you and us. Information obtained via our Platforms is strictly for your use only and is not to be relied upon or otherwise used by any third party

17.6 Governing law and jurisdiction

The Contract is governed by English law and we each irrevocably agree to submit all disputes arising out of or in connection with the Contract to the exclusive jurisdiction of the English courts.