Smart Car Check Terms and Conditions
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1. Introduction
1.1 These terms and conditions are important for you to read ahead of your purchase. Please take the time to read them carefully.
1.2 These terms and conditions outline the usage of the Website (“Website”, “Smart Car Check”) and the data driven behind it.
1.3 We host the car checking service on the Website to provide an effective service to you (the user of the site, “User”).
1.4 The User confirms their consent to the Rules and undertakes to comply with them when using our Website in any way or form. Any User who does not agree with one or more of the terms and conditions of the Rules will have no right to use Smart Car Check.
2. Definitions
2.1 For the purposes of these Rules, the following terms, when capitalised, have meanings as specified in this paragraph of the Rules.
2.1.1 Car Check Report means a vehicle history report, which contains various types of information about the vehicle that Smart Car Check Users might order.
2.1.2 Commercial User means any natural or legal person who uses the Services for purposes of business, trade, craft or profession (other than private consumption) or for the dual purpose of private consumption and business, but considering all the circumstances related to the Services, business purposes dominate.
2.1.3 Credits means Credits included in the User Account acquired by the User, which can be exchanged for obtaining the Report. One Credit can be exchanged for one Report.
2.1.4 User means the person who has ordered the Report or who is otherwise using Smart Car Check, including Private Users and Commercial Users.
2.1.5 Account means the User Account on the Website that the User opens in order to access Services.
2.1.6 Services means services provided to the User for consideration which the User can receive at Smart Car Check, including, but not limited to, ordering and the provision of Reports or Credits.
2.1.7 Initial Car Check Report means the information provided by Smart Car Check by entering the Registration Number (Reg No) or Licence Plate Number and the data categories that are verified and included in the Car check report.
2.1.8 Private User means a natural person who uses our Services for purposes other than those related to business, trade, craft or profession (for the purpose of consumption) or for the dual purpose of consumption and business but considering all the circumstances related to the Services, business purposes do not dominate.
2.1.9 Registration Number means the actual number that identifies a car in DVLA’s records, and which is displayed on the plastic number plates. It is also referred to as the Licence Plate Number.
2.1.10 Third-Party Websites means independent Third-Party Websites, i.e. not related to Smart Car Check .
3. Account
3.1 To use some Services, e.g. purchasing additional Credits, the User must open an Account. The User may open an Account:
by entering their email address, licence plate number and phone number (for providing support). Smart Car Check will send user’s password to the email address indicated at the time of registration of the Account, or to purchase additional Credits or access initial reports, Users can log into their account by providing their email and password in order to access the user’s page where more credits can be purchased.
3.2 The User is responsible for maintaining the confidentiality of the Account login data and for any activity performed by third parties on behalf of the User in the Account, because the User has failed to ensure the confidentiality of the login data. The User undertakes to notify Smart Car Check by email to [email protected] without delay, of any loss or unauthorised use of login data or any other breach of the security or confidentiality of the login data.
3.3 If the User no longer wishes to use the Account, they have the right to delete it at any time by sending a written message to Smart Car Check by email to [email protected]
4. Report
4.1 The User may purchase Credits that can be exchanged for a Car check report or enter the Reg No on Smart Car Check and receive the Car check report for the specific Reg No (in this case the Credit purchased by the User is automatically exchanged for the specific Car check report). Credits will be credited to the User’s Account automatically after the receipt of payment in accordance with the procedure laid down in these Rules (or, if the Credits are ordered by the Commercial User, from receipt of payment in accordance with the procedure laid down in these Rules or within such time frame as provided for in a separate agreement between Smart Car Check and the relevant Commercial User).
4.2 The Credit price, considering the situation on the market, special offers, currency fluctuations and other elements, is constantly changing, but the current valid price list for Credits and other Services is always available at Smart Car Check . The final price of the Credits applicable at the time of the order will always be displayed in the window where the method of payment for the Credits is selected.
4.3 The Credits purchased by the User will be valid until they are used. Upon usage, the User’s Credits will no longer be available in their Account and the User will no longer be able to generate Car check reports until one or more credits are purchased.
4.4 When the User enters a licence plate number on Smart Car Check, they can view the Initial Car check report, which indicates the information that will be verified and provided in the Car check report (provided the records are available). The Car check report may not contain records of certain data categories indicated in the Initial Car check report, which means that Smart Car Check failed to find records in a certain data category or categories.
4.5 The Car check report will be available to the User on the web browser from the date of generating the Report from the User Account. After the generation, the Car check report will be accessible to the User, the User will be able to view as a HTML file and save it in PDF format, and if the User wishes to order a new car check report on a specific vehicle, provided there are at least one unused credit in the User account, they can order a new Car check report.
4.6 Smart Car Check is fully equipped to provide the most accurate and complete information in the Report. However, the information presented in the Report must be collected from a wide range of public databases and other sources the content of which, as well as its accuracy, relevance and completeness of data, is not within Smart Car Check control. Accordingly, when purchasing the Report, the User confirms they understand and agree that:
– to the extent permitted by applicable law, Smart Car Check does not guarantee that the information contained in the Report is accurate, relevant and complete.
– all or part of the information provided in the Report may not be available to Smart Car Check in certain jurisdictions, even if it is available to other third parties. Accordingly, a reverse option is possible where all or part of the information provided in the Report may be available to Smart Car Check in certain jurisdictions, but not available to other third parties.
– The User will assume full responsibility for their decisions, for the purchase or the refusal to purchase a vehicle, on the basis of the information contained in the Report. In the event of any doubt as to the information contained in the Report, the User should verify with the relevant competent authorities. Smart Car Check recommends such verification in all cases when a decision is taken on the basis of the Report, e.g. before a decision to purchase a vehicle.
The advice or information provided in the Reports or on the Website should not in any way be treated as an offer, demand or recommendation to purchase, rent or otherwise acquire rights to the vehicle specified in the Report.
5. Responsibilities of the User
The User undertakes:
– not to use automatic devices, software, algorithms or methodologies, or any similar or equivalent manual process to access, acquire, copy or monitor any part of Smart Car Check or any content, or in any way to restore or bypass the Smart Car Check navigation structure or Smart Car Check or any of its content, to obtain or attempt to obtain any material or information not specifically accessible to the User on Smart Car Check.
– not to seek unauthorised access to any part or function of Smart Car Check, or systems or networks related to Smart Car Check by unauthorised hacking, password mining or by other unlawful means.
– not to take action that would unreasonably or disproportionately overload the infrastructure or systems or networks related to Smart Car Check.
– not to use any device, software or take other action that would interfere or that would be used in an attempt to interfere with the proper operation of Smart Car Check or any operation performed by Smart Car Check or the use of Smart Car Check by any person.
– not to use Smart Car Check or any content contained therein for unlawful purposes or purposes non-compliant with the Rules or seeking to encourage any illegal activity or other activity that violates the rights of Smart Car Check or other persons.
– to abide by these Rules and relevant legal requirements when using Smart Car Check, its Services or performing payment for the Services.
6. Services
6.1 The agreement for the provision of Services between Smart Car Check and the User is deemed to have been concluded from the moment of receipt of payment, in accordance with the procedure laid down in these Rules (or, if the Services are ordered by the Commercial User, from the moment of receipt of payment in accordance with the procedure laid down in these Rules or within such time frame as provided for in a separate agreement between Smart Car Check and the relevant Commercial User).
6.2 Users will pay Smart Car Check for the Services, via Stripe using a credit or debit card. Services to the Private User are provided only after the Private User pays for them in accordance with these Rules and with the procedure laid down in Smart Car Check. Services to the Commercial User will be provided after the Commercial User pays for them in accordance with the procedure laid down in these Rules and/or within such time frame as provided for in a separate agreement between Smart Car Check and the Commercial User, if any.
6.3 Smart Car Check has the right to organise promotional campaigns, during which Users may be granted discount codes for Services. Smart Car Check has the right to determine the conditions for the application of the specific discount code, including, but not limited to, the term of validity of the discount code, the type of Services to which it applies, and other restrictions. In order to use the discount code for Services, the User must enter the code in the relevant window where the User selects the payment method. If no code is entered in the manner described in this paragraph, the code will not apply to the Services ordered by the User.
6.4 In view of the varying economic factors of different markets, Smart Car Check reserves the right to apply different pricing for Services in each country.
6.5 The User who purchases the Services may receive a VAT invoice into the User Account opened at Smart Car Check. The invoice might be sent via email or downloaded from Smart Car Check.
7. Personal data protection
Information about the processing of personal data of Users is available in the Smart Car Check. Privacy Policy. By confirming that the User has read these Rules, the User also confirms that they have familiarised themselves with the Smart Car Check Privacy Policy, specified above in this paragraph of the Rules.
8. GDPR Compliance
Smart Car Check is integrated with OneTrust. OneTrust platform enables organisations to centrally operationalize and demonstrate accountability for GDPR requirements, as well as enforce the governance of these policies and principles across the organisation’s data landscape. You can read about OneTrust Privacy Management here: https://www.onetrust.com/platform/privacy-management/. For more about General Data Protection Regulation (GDPR) compliance, follow this link: https://www.onetrust.com/blog/gdpr-compliance/
9. Change or termination of Services
9.1 Smart Car Check has the right to unilaterally change the Services provided by Smart Car Check and their prices, and any other provisions of the Rules. If the changes have a negative impact on (e.g. restriction of) the rights of Private Users, Smart Car Check will only make such changes if there is sufficient basis for it, e.g., if relevant provisions of the applicable laws change or if we restructure or adjust our business model. Private Users will be given reasonable notice of changes by email to the address specified in their Accounts, no later than 5 calendar days before such change. If, after changing, amending or supplementing the Rules and notifying the Private User thereof in accordance with the procedure laid down in this paragraph of the Rules, the Private User will continue to use Smart Car Check .uk, this will be deemed as the Private User’s consent to the Rule amendments. Smart Car Check confirms that the amendments will in no way adversely affect the rights of Private Users regarding the Services already executed or in the process of being executed.
9.2 Smart Car Check has the right to restrict or terminate User access to Smart Car Check and/or Services at any time if the User violates the requirements of these Rules and/or applicable laws. If the User, who violates the requirements of these Rules and/or applicable laws, has an Account, they will be notified of the restriction or termination of User access by email to the address specified in the Account. If Smart Car Check restricts or terminates User access to Smart Car Check and/or Services, the said User will have no right to use Smart Car Check and/or Services in the future, e.g. by creating a new Account.
9.3 Smart Car Check has the right to temporarily restrict Smart Car Check activities to perform Smart Car Check technical maintenance or related technical functions by giving Private Users reasonable notice to the email address specified in the Account. In the event of an emergency, Smart Car Check reserves the right to temporarily restrict its activities without notifying Private Users, provided that such restrictions will not adversely affect the rights of Private Users regarding the Services already executed or in the process of being executed.
9.4 Smart Car Check also confirms that Smart Car Check activities may temporarily be restricted due to force majeure circumstances. In this case, Smart Car Check will notify Private Users of the force majeure circumstances without delay, but Smart Car Check will not be responsible for Smart Car Check disruptions caused by force majeure.
10. Liability
10.1 The User agrees and undertakes to defend, indemnify and protect Smart Car Check , companies related to Smart Car Check, service providers and Smart Car Check representatives, managers, authorised officials, employees or consultants against any and all losses, damages, claims and/or expenses incurred:
– as a result of the breach of these Rules by the User;
– any breach by the User of the requirements of the laws applicable to the User, and;
– User’s decisions based on the information contained in the Report.
10.2 To the extent permitted by applicable law, Smart Car Check shall not be liable for any loss or damage to Users, unless the loss or damage results in:
– the User’s loss of life, injury to health or non-pecuniary damage,
– damage to the Private User’s assets, or
– is caused by the wilful misconduct or gross negligence of Smart Car Check .
10.3 Smart Car Check will only be responsible for the technical placement at Smart Car Check of the information provided in the Report (provided that the Report meets all the requirements of the Rules) and the technical support of the Smart Car Check database. To the extent permitted by applicable law, Smart Car Check will not be liable for any factual inaccuracies/inconsistencies of the information contained in the Report and for the content of the Report.
10.4 Smart Car Check may contain links to other Third-Party Websites. These links are provided only for the convenience of Users. Smart Car Check does not control such links or Third-Party Websites, nor is it responsible for the content of Third-Party Websites, including any information or material on said websites.
11. Intellectual property rights
11.1 The material on the Smart Car Check website—the code, design, Smart Car Check domain name, all copyrights, trademarks, databases, trade names, titles and other intellectual property or other property related to Smart Car Check and/or the material contained therein—is all the property of Smart Car Check or Smart Car Check uses it on legitimate grounds, except for the intellectual property objects (trademarks, logos, etc.) related to Smart Car Check partners or suppliers, and is protected by national and international laws and regulations for the protection of intellectual property.
11.2 The User has no right to copy, record, in any way or reproduce, present, publish, transfer, sell, modify, submit, licence, change, re-publish, edit, broadcast, rebroadcast or otherwise make available, display in public or demonstrate, adapt, distribute or use Smart Car Check material or its source code, or any part thereof, as well as any derivative works without the express permission of Smart Car Check .
12. Applicable Law and Dispute Resolution
12.1 All Smart Car Check activities will be carried out in accordance with the laws in the United Kingdom, which are also applicable to these Rules. Any disputes arising out of Smart Car Check activities, Services or related to them, will be settled by negotiation, and if no agreement is then reached, by a competent court in accordance with the provisions of the applicable law.
12.2 Disputes between Smart Car Check and Commercial Users will be settled in court in accordance with the Smart Car Check domicile.
12.3 The Private User who believes that Smart Car Check has infringed their rights or legitimate interests related to Smart Car Check Services, should submit their complaint in writing to Smart Car Check via [email protected] and indicating the claim. If the User disagrees with the reply from Smart Car Check , they can contact the UK state Consumer Rights Protection Authority at www.gov.uk/consumer-protection-rights. Judicial disputes will be settled in accordance with the procedure established by the applicable law in the UK on the Protection of Consumers Rights.
13. Information Protection Measures
13.1 Smart Car Check notes that Users are responsible for the confidentiality of their Account login data. The User must be cautious when using and keeping login data. The User should log out of the browser when finished with their work in order to ensure that no one will access the User’s email, or personal information, and especially when the User uses a publicly available computer (e.g. at an internet café or library).
13.2 Although Smart Car Check strives to protect the User data processed by Smart Car Check, however, given that the User information is sent via an internet connection, Smart Car Check cannot guarantee and does not guarantee the complete security of the information transmitted by the User, including personal data.
14. Auction History
Auction History is available via a partnership with a third party data provider. If a vehicle has been to auction before, the vehicle will be noted with Auction History in the car check report. Photos are available with auctioned Car check reports ONLY. If a vehicle is a write off and not sent to auction, no pictures will be available and you will not be liable for a refund.
15. Refunds & Disputes
Smart car Check’s commitment to customer satisfaction extends to our refund policy for vehicle history reports, which applies to specific conditions as outlined below:
Vehicle History Reports: A refund may or may NOT be granted under the following circumstances:
- Substantially Inaccurate or Incomplete Information: If the provided vehicle history report contains inaccuracies or lacks any data, a refund will NOT be considered.
- Unavailable Data: In instances where we are unable to generate a report due to data unavailability, customers may be eligible for a refund.
- Paid multiple times for the same report: If you accidentally make duplicate payments for a single vehicle history report within 14 days we will issue a full refund for the extra charges upon verification.
- Report didn’t generate at all: If, after payment, the vehicle history report fails to generate and our customer support team fails to deliver the requested report in 48 hours, a full refund will be issued as per your original payment method.
Subscriptions: If you inadvertently purchased a subscription but have not generated any reports, you can request a refund within 7 days of the subscription purchase, and we will process the refund promptly.
It is essential to note that once vehicle history reports have been generated and delivered for a specific VIN, they become non-refundable. Customers seeking refunds must do so within 7 days of purchase and must provide valid documentation to support their claims. Eligible refund requests will be diligently reviewed and processed by our support team within 7 days.
16. Conclusion
16.1 These Rules constitute the entire agreement between the User and Smart Car Check and replace and repeal all previous written or oral contracts, commitments, statements and agreements between the User and Smart Car Check relating to the subject of these Rules. Smart Car Check has the right to conclude a separate written agreement with the User. The terms of these Rules apply to such an agreement unless it is expressly provided otherwise.
16.2 If any part of these Rules is declared invalid, unlawful or unenforceable to any extent, in accordance with the procedure laid down by applicable law, such recognition will be without prejudice to the remaining conditions of the Rules which remain in force and are to be implemented to the maximum extent permitted by applicable law.
16.3 Smart Car Check has the right at its discretion, to assign all or part of the rights and/or obligations under these Rules without the prior consent of the User, provided that this does not prejudice the guarantees provided to the Private User. The transfer of the rights and/or obligations by Smart Car Check , performed in accordance with the procedure laid down in this paragraph of the Rules, will exempt Smart Car Check from the fulfilment of all obligations under these Rules. The User has no right to transfer or assign these Rules or any or all of their rights and/or obligations under these Rules, in accordance with applicable law or otherwise, without the prior written consent of Smart Car Check .
16.4 If the User or Smart Car Check does not exercise any of the rights specified in these Rules, this will not be considered to be a waiver of such rights.
17. Questions
If you have any questions or clarifications about our Terms and Conditions, please contact us: https://smartcarcheck.uk/contact-us
