Terms and Conditions
Please make sure you read these terms and conditions carefully as you will be bound by these terms once a contract comes into existence between us in accordance with clause 1.2.
- February 2020 – CarGuide Ts&Cs V1.1
1.1. In these terms and conditions (the “Terms”) the following expressions shall have the following meanings:
“Contract” means the contract between you and us for the supply of the information made subject to these Terms;
“CarGuide Check” means a vehicle information enquiry submitted by you via the Website as more particularly described on the Website;
“CarGuide Credit” means a vehicle lookup credit or vehicle buyers report credit which is provided to you;
“Information” means the information supplied by us relating to a motor vehicle recorded on our electronic database in response to your CarGuide Check;
“Our Service” means any products purchased on CarGuide.co.uk which are classed as digital downloads under the Consumer Contracts Regulations;
“Premium Data” means data displayed within our products limited to outstanding finance data, write-off data and stolen data;
“Your Personal Data” means any data data classed as personal by the Information Commissioner’s Office;
“we”/“us”/“our” means or refers to Impair Ltd, trading as CarGuide, a company registered in England with number 12197920 whose registered office is at 5 The Chambers, Vineyard, Abingdon, England, OX14 3PX, who provides the Information to you;
“Website” means the website; and
“you”/“your” means or refers to you, the customer, who submits the CarGuide Check request and receives the Information (in each case subject to these Terms).
1.2. When you purchase a CarGuide service, this constitutes an offer by you to enter into a Contract with us for the provision of Information subject to these Terms. A Contract will come into existence between you and us when a payment is made for the service. The order is an offer by you to enter into a binding Contract with us, which we are free to accept or decline at our absolute discretion.
1.3. We consider these Terms to set out the whole agreement between you and us for the supply of the CarGuide Services. These Terms only apply to our contracts with consumers.
1.4. When submitting VRMs or VINs to our Website, it is your responsibility to provide accurate information to ensure a prompt response by us. It is also your responsibility when using our services to notify us if we supply any Information which you know or suspect is incorrect or incomplete.
2.1. You will pay us our charges for our services at our current levels which may change from time to time, by credit/debit card or any other payment method we accept (details of which are available at the Website) before we send you the Information.
3. Your right to Cancel and Refund Policy
3.1. Our online vehicle check service is a Digital Download
3.2. Digital downloads are given their own category under the Consumer Contracts Regulations and are therefore not services or goods. If you want to download something within 14 days of buying it, you will have to give your consent to waive the 14-day cooling-off period. If you don’t give your consent, the 14-day cooling-off period still applies, but you won’t be able to download your digital content until this period has ended. This is to prevent you from changing your mind after you have downloaded the content.
3.3 Due to the nature of Our Service (digital downloads) and the fact that the results are delivered to you immediately, we are unable to accept any cancellations from you once you have submitted payment to us. By paying for Our Services you consent to waive the 14-day cooling-off period so that you may receive your check instantaneously.
3.4 All payments are non-refundable and we do not provide refunds or credits for any partial-month subscription periods or unused CarGuide credits.
4. Use of your Personal Data
4.1. You acknowledge that we collect and process personal data about you (“Your Personal Data”) in the normal course of business for the purposes of providing you with Our Services and for fulfilling our obligations under the Contract and for pursuing our other legitimate interests. For example, we collect and process Your Personal Data for the purposes of providing and conducting customer service, customer support, technical support, billing and payment services, financial audit and record-keeping, and marketing of similar products or services among other things. We are the controller in respect of Your Personal Data we collect and process.
4.2. In addition, and without limiting the generality of the foregoing, we obtain and hold vehicle, asset, and related data from many sources and use this data for the legitimate interest(s) of protecting those utilising our services or products and the owners or keepers of vehicles on the CarGuide registers and for the legitimate interest(s) of preventing vehicle related fraud and crime (in cooperation with public authorities such as the police). Accordingly, based on the aforementioned legitimate interest(s), we may disclose from time to time relevant information about you collected by us including but not limited to your name, address and details of your usage of Our Services and any parts of Your Personal Data to any person or public authority to whom we reasonably consider that it would be expedient to do so for the purposes of preventing, detecting or discouraging fraud or crime, apprehending or prosecuting offenders or offenses, and recovering stolen vehicles or other assets or property. In particular, and without limiting the generality of foregoing, we may disclose from time to time any such information about you to i) a person claiming to be the owner of the vehicle against which you have submitted a CarGuide Check, or ii) the police or other law enforcement or public authorities.
5. Your use of the Information
5.1. The Information we provide to you is for your own personal, non-commercial purposes. Accordingly, you must not sell, supply or otherwise disclose the Information to any third party, but you may supply free of charge a printed copy of the Information to any potential purchaser or the seller of a vehicle to which the Information relates (in the course of negotiating the purchase or sale of the vehicle) provided that the Information is in the form supplied by us (without amendment to any of the contents).
5.2. If you know or suspect that the Information we provide as part of this Service is incorrect or incomplete, you are responsible for notifying us of this by contacting us.
6. Fair Usage Terms
6.1. Vehicle searches are limited to 25 successful searches per user, per 24 hour period. We reserve the right to increase or decrease this limit at any time.
7. The CarGuide Exclusion/Limitation of Liability
7.1. The Information we supply includes data supplied to us from a number of third-party sources which we do not warrant as accurate. We do not warrant that the Information is true, correct or complete and subject to 7.3 below we shall not be liable in any circumstances for any loss or damage arising from any inaccuracies, faults or omissions in the Information, unless caused by our negligence or wilful default. Note that for vehicles over 15 years old, low-volume car manufacturers or “niche” luxury/sport/specialist vehicles the data we source may be limited.
7.2. We do not limit or exclude our liability for:
7.2.1. death or personal injury caused by our negligence; or
7.2.2. fraud or fraudulent misrepresentation; or
7.2.3. any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Services and Services Act 1982; or
7.2.4. losses for which it is prohibited by section 7 of the Consumer Protection Act 1987 to limit liability; or
7.2.5. any other matter for which it would be illegal or unlawful for us to exclude or attempt to exclude our liability.
7.3. We shall not be liable for the accuracy of, or any loss or damage arising from, any Information we supply to you as a result of any incomplete or inaccurate data or information you supply to us or as a result of any other fault attributable to you.
7.4. Except as expressly provided in the Contract, all other conditions, terms and warranties, express or implied by statute or otherwise are excluded to the fullest extent permitted by law.
7.5. Each provision of this Condition 7 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 notwithstanding the performance of the Contract.
7.6. Our Services do not guarantee the condition of any vehicle.
8. CarGuide Subscription Credits
8.1. We offer a 30-day access product containing a number of CarGuide Credits that may be redeemed. These CarGuide Credits may be used at any time until the end of your billing period.
8.2. The CarGuide Credits will expire at the end of your billing period.
8.3. Unused or expired CarGuide Credits cannot be refunded.
9. CarGuide Guarantee
9.1. If you find that any of the Premium Data in your buyer’s report is incorrect or missing within 14 days of purchase we commit to giving you a free buyer’s report credit.
10.1. You may not transfer, assign or in any way makeover to any third party the benefit of the Contract or any part of it.
10.2. Neither you nor we shall be liable to the other for any delay in or failure to perform any of our respective obligations under the Contract due to any cause beyond your or our reasonable control.
10.3. Nothing contained in these Terms will affect any of your statutory rights relating to the services which we supply to you if you are a consumer.
10.4. In the event of a breach of these Terms, our third-party data suppliers have the right to enforce any breach directly against you.
10.5. If any provision of the Contract is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of the Contract and the remainder of the provision in question shall not be affected.
10.6. Relevant United Kingdom law will apply to the Contract and the relevant courts of the United Kingdom will have exclusive jurisdiction in relation to the Contract.
10.7. EU Online Dispute Resolution Service (ODR) / Alternative Dispute Resolution (ADR): By law, we are required to provide a link from our website to the EU Online Dispute Resolution Platform. We are not obliged to use ADR should you have a complaint with us. If you do have a complaint which we cannot resolve using our internal complaints handling procedures we will contact you by letter or email about whether we are prepared to submit to ADR. Our email address for the purposes of ODR/ADR is support@CarGuide.co.uk.