These are the terms and conditions (the "Conditions") upon which Total Car Check Ltd ("we" or "us") provide the Guarantee ("Guarantee"), which is available to customer's ("you") undertaking an Enquiry.Definitions
We use the following key expressions in our Terms:
Important: You should read all these conditions carefully, and contact us if you have any queries using the contact details at the bottom of this page. You should keep these conditions in a safe place, together with your certificate and the documents referred to in these conditions. These conditions are supplemental to the terms set out in the contract for the Enquiry (above).
We provide you with information we obtain from the MIAFTR and the Police National Computer (PNC). Our Guarantee is that we will provide you the data we receive from the MIAFTR and the PNC in respect of the VRM which you checked. The extent of our liability is with regard to the VRM the subject of the check. We do not guarantee the actions and / or failures of third parties over whom we have no control. In the event the adverse data fails to appear on our registers as a result of our error and / or we fail to pass the adverse data we possess to you, where this failure results from our actions and you suffer loss of title or a diminution in value of the vehicle due to the incomplete, inaccurate or untrue information we impart, the Guarantee may be claimed upon.
The Guarantee is only applicable to the enquirer and is not transferable. The enquirer must be the person undertaking the purchase of the vehicle. For any claim to proceed the enquirer must be present at the time of the purchase. The enquirer must be present when the vehicle is received, when the purchase funds are handed over and the enquirer must have compared all the information we provide with the vehicle itself and the vehicle history certificate.Terms and Conditions
The Guarantee provides compensation in the event of our:
The Guarantee is limited to the MIAFTR and Police stolen data. We guarantee, subject to these terms and conditions, data transfer, not the integrity of the vehicle you check. This is the extent of the Guarantee and in proceeding with the check you accept this.
This Guarantee is supplied by us and the Guarantee is designed to cover loss ("loss", as described below) you may suffer should your Enquiry provide inaccurate or incomplete information in relation to a vehicle you subsequently buy. We will compensate you for your Loss, subject to these conditions.
The Guarantee is effective for a period of twelve calendar months from the date of your Enquiry, or until you sell the vehicle, whichever occurs first (the "Guarantee Period"). No Claims submitted outside this period will be considered.
The Information we supply includes data supplied to us from a number of third party sources which we do not warrant as accurate. The Guarantee is subject to certain terms and exclusions which may affect your ability to make a claim under it.
To qualify for the Guarantee:
What we do not guarantee
Any data except the MIAFTR total loss and police stolen records held in respect of the VRM upon which you checked.
Information we provide on a vehicle's description, vehicle keeper data, the number of keepers, the date of keeper changes value, mileage and accompanying documentation (its V5/Logbook), and any data not related to the MIAFTR data is not covered by the Guarantee.
Any Enquiry / or vehicle in respect of which there is a discrepancy between the data on the V5C, the vehicle itself and the data we supply you.
The Guarantee does not guarantee the condition, roadworthiness or documentation of any vehicle.
We do not guarantee any check following which the vehicle was not purchased and in the enquirer's possession, within 7 days.
We do not guarantee any claim for loss where you, or anyone acting for you, know that any part of the claim is false or fraudulent.
The Guarantee excludes any other financial loss you suffer as a result of us providing the inaccurate or incomplete information to you. The Guarantee also excludes any actual or anticipated profit which you would have made.
Any check provided to the motor trade (a motor trader) or in respect of a vehicle that is covered by a motor trade insurance policy on or subsequent to the date of purchase.
Any Enquiry in respect of which there is a discrepancy between any mileage we provide, that displayed on the vehicle or mileage (or mileages) contained within correspondence accompanying the vehicle i.e. servicing papers or MOT.
Any claim for loss where you are unable to provide us with the vendor's full name, address, phone number and evidence of calling same prior to the purchase.
Any claim for loss or damage where you are unable to provide us with proof of purchase for a vehicle for which you paid more than £1000. Proof of purchase will be a bank (or similar) statement displaying a single withdrawal of at least 80% of the purchase price or a cheque / draft payable to the vendor which must be made out to the vendor's name, as opposed to a third party.
Any claim for loss in respect of which you have obtained a loan, other than with an FSA registered finance company, where you are unable to provide us with proof of repayment. Proof of repayment will be a bank (or similar) statement displaying relevant and if appropriate, regular, withdrawals.
Any claim for loss in respect of a vehicle for which, other than in the case of a loan with an FSA registered finance company, you have not paid in full.
Any claim for loss or damage arising from a purchase which we consider resulted from you failing to act in a reasonably cautious manner, to include a failure to consider and / or complete any or all of the additional literature we provided at the time of the check.
A vehicle that has in its history been damaged but was not, at the time of your purchase, recorded by an insurer as a total loss category on MIAFTR.
The Guarantee will not cover you for "cloned" vehicles (a "cloned" vehicle being a vehicle that has been stolen and given a false identity, normally that of an identical vehicle).
We reserve the right to refuse any claim if you sell the vehicle (without having obtained our prior written permission) after the time which you became aware of any interest that is recorded on our Stolen Vehicles register or Written Off Vehicles Register.
Our data sources are UK-based. Therefore, if the vehicle has been previously registered in another country, the Enquiry will only reveal information relating to the period after it was first registered in mainland Britain. Accordingly you cannot make a claim under the Guarantee for any Loss resulting from the vehicle having been previously registered outside mainland Britain or any event which occurred prior to first registration in mainland Britain (whether or not the Enquiry displays a "previously used abroad before 1st registration with the DVLA" marker in relation to the vehicle).
Any loss arising as a result of a fraudulent transaction which prevents legal title being passed to you.
The Guarantee will not cover you for issue with any data except the total loss records held in respect of the VRM and VIN upon which you checked.
Any post 1980 vehicle in respect of which the VIN is other than 17 alphanumeric figures.
Any claim arising from an event before the vehicle was first registered with the DVLA.
Information that we do not provide i.e. MIAFTR data and information that we could not possess on the date of your Enquiry i.e. vehicles that had been written off but had not been reported as such to the MIAFTR database.
You conduct the Enquiry after buying the vehicle.
We have not received full payment for the Enquiry.
Your claim arises from an event that occurred after the Enquiry was carried out.
The vehicle is registered outside mainland Britain at the time of conducting the Enquiry, for example, in Northern Ireland, Jersey, Guernsey or the Isle of Man.
You buy the vehicle outside mainland Britain, for example if you source it yourself from mainland Europe, Northern Ireland, Jersey, Guernsey or the Isle of Man.
You intentionally supply us with incorrect or incomplete information, or do not co-operate with us and our agents (and, in any case involving stolen vehicles, the police) in progressing your claim under the Guarantee.
You are actually aware at the time of your Enquiry of relevant information relating to the vehicle (for example, that the vehicle is stolen, or is or has been an insurance write-off) and this subsequently forms the basis of your claim under the Guarantee.
We do not consider that the vehicle has purchased in a reasonably prudent manner, including but not limited to whether you have followed any guidelines we may produce from time to time
If the purchase price of the vehicle is 30% or more below the trade market value, as defined by the Glasses guide.
If the vehicle is purchased without a valid MOT test certificate, where required.
If the vehicle is purchased and on the day and time of purchase, was untaxed and / or was not the subject of an insurance specific to that vehicle.
The vehicle purchased is registered with a VRM under a "Q" prefix or suffix or any vehicle in respect of which the VIN contains the sequential letters 'VRO' (a VIN issued by a Vehicle Registration Office).
You are a motor trader or the vehicle has been bought to be sold on for profit.
If the vehicle is purchased through a salvage agent or salvage auction.
If the vehicle is purchased from a friend, relative, partner or someone known to you.
The vehicle is the subject of a category C MIAFTR notification that has not undergone a Vehicle Identity Check (VIC) before your purchase. This is only a requirement on vehicles subject of a category C MIAFTR notification before 1st October 2015. The VIC scheme is being abolished after this date.
The vehicle has been the subject of a plate change / transfer in its history.
Any Enquiry where a corresponding record in MIAFTR does not contain the full vehicle VRM and 17-character VIN. Both the VRM and VIN in MIAFTR need to be complete and accurate for any match to occur in order to report the vehicle as 'written off'.
Any Enquiry where a corresponding record in the Police stolen vehicle data does not contain the full vehicle VRM and VIN. Both the VRM and VIN in the Police stolen vehicle data need to be complete and accurate for any match to occur in order to report the vehicle as 'stolen'.
The Enquiry is provided to a finance company.
Any Enquiry where the VIN entered by you does not match the VIN held on record.
Any Enquiry where the V5C issue date entered by you does not match the V5C issue date held on record.
Any Enquiry where the V5C reference number entered by you is recorded as being in the range of stolen V5C references held on record.
Definition: A batch transfer is the means by which we receive data from third party suppliers, an electronic transfer of the data. There is necessarily a delay between data being provided to the third party supplier, their inputting the data onto their data system and this being sent to us and loaded into our systems at the time of the check. Our Guarantee is effective in respect of searches undertaken after the time we received and loaded the data or should have received the data.
We do not guarantee any claim arising from the normal delay understandably and reasonably associated with the transfer of data from the supplier to us. These unavoidable delay periods, the exemptions, are as follows:
If you wish to make a claim under the Guarantee, you must inform us as soon as possible after you become aware of the events giving rise or potentially giving rise to the claim (and in any event within the Guarantee Period). To start the claims procedure please email email@example.com.
We will issue a claim form for you to complete and return, together with evidence of the Enquiry, your proof of purchase for the Vehicle and other relevant documentation. Your claim will be dealt with by our administrators, who will contact you promptly.
References to "we", "us" and "our" in these Terms and Conditions are 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.
"TCC" means Total Car Check Limited, registered company number 07043189, registered office address 7 KD Tower, Cotterells, Hemel Hempstead, Hertfordshire.
"TCC Vehicle History Check" means the vehicle information service provided by TCC on the Website, 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 TCC Vehicle History Check. The Finance Check Service automatically includes the data guarantee described in clause 8.
"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 website 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 in Part B.
"Website" means a website operated by TCC at www.totalcarcheck.co.uk through which we provide the Finance Check Service and any partner websites or applications that resell the TCC Vehicle History Check, via an agreed licence.
"Your Data" means information and data you have provided to us or TCC 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).
2. About us
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.
2.2 We are members of the Experian group of companies - for further information see www.experiangroup.com.
3. Important information about these Terms and Conditions
3.1 These Terms and Conditions relate to your use of the Finance Check Service.
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" (Clause 7) AND OUR "WARRANTIES AND DISCLAIMERS" (Clause 6). If you do not understand any point or wish to make a complaint you should contact TCC (using the contact details on the Website) in the first instance, who will put you through to the relevant team at Experian who will deal with your complaint.
3.3 We advise you to print these Terms and Conditions and keep a copy for your future reference.
3.4 You may have other consumer rights granted by law and these Terms and Conditions do not affect such rights.
4. Our Services
4.1 When you request a Finance Check Service a binding legal contract is formed between us and you when we provide the Finance Check Service search information.
4.2 The Finance Check Service is provided only for your personal non-commercial use. Resale of the Finance Check Service is not permitted. No other person has permission to use or rely on any information provided to you by a Finance Check Service search.
4.3 In order to conduct a Finance Check Service search, the vehicle against which you wish to search must be registered in the United Kingdom (including Northern Ireland). For the avoidance of doubt, this does not include vehicles registered in the Jersey, Guernsey or the Isle of Man.
4.4 The Finance Check Service only provides information as to whether a vehicle has a current financial agreement registered against it. It does not provide information on (a) the physical condition of any vehicle, (b) the roadworthiness or safety of any vehicle, (c) whether the vehicle has been "written off", (d) whether any vehicle is a "clone" bearing a false vehicle registration mark and vehicle identification number, or (e) whether any vehicle was originally purchased and/or imported from another European Union country other than the UK. You will need to make your own investigations if you require information on any of these aspects of any vehicle(s) you own or intend to purchase.
5. Use of Our Material
5.1 You are permitted to access and make personal non-commercial use of Our Material for lawful purposes only and in a manner that does not infringe our intellectual property rights or those of third parties. Any access or use other than that which is personal non-commercial must be expressly agreed by us in writing and in advance.
5.2 You are responsible for ensuring that Your Data submitted to the Website is true and accurate and free from viruses and other harmful code.
5.3 All information delivered to you in the course of the Services and all intellectual property rights, including copyright, in Our Material belong to us or our licensors.
5.4 None of Our Material may be reproduced or redistributed without our prior written permission, except that you may download or print a single copy for your own personal non-commercial use.
5.5 Product names, trade marks or service names or marks or company names mentioned on the Website and in connection with the Services are the trademarks, service marks, or business names of their respective owners. The word "EXPERIAN" and certain other words and graphical devices in respect of particular Services are trade marks of Experian Limited and/or its associated companies and may be registered in the EU, USA and other countries.
6. Warranties and Disclaimers
6.1 We will endeavour to provide the Finance Check Service with reasonable care and skill and to ensure that the Finance Check Service is substantially as described on the Website and in these Terms and Conditions.
6.2 We do not own or operate the Website through which the Finance Check Service are provided so we make no guarantee whatsoever as to the availability or functionality of the Website or of the Finance Check Service to the extent affected by the availability or functionality of the Website.
6.3 We take steps to ensure that Our Material is free from computer viruses and other harmful computer programs. However, we cannot guarantee this due to the nature of the Internet. You are advised to use appropriate firewall and anti-virus software to protect your computer and data.
6.4 We use reasonable skill and care in the sourcing and supply of the information which is made available to you on or in connection with the Finance Check Service. However, in the case of information we obtain from third party sources (including the details supplied by you), we cannot guarantee that any of that information is correct, accurate, complete, error free or up-to-date. However, the Finance Check Service does provide you with a data guarantee in respect of certain financial losses, the terms of which are set out in Clause 8 below.
6.5 Nothing provided by us on or in connection with the Finance Check Service is, or shall be deemed to constitute financial, legal or other advice. The information we provide is not intended to be relied on by you in making (or refraining from making) any specific decision or to replace independent professional advice. Any and all information provided by us on or in connection the Website is for general information purposes only.
6.6 Except for the commitments we expressly make in these Terms and Conditions and any additional commitments arising out of your consumer rights granted by law, we do not make any other commitments or warranties about the Website or the Finance Check Service.
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 we 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 in clause 7.4, apart from any entitlement you may have to compensation under the data guarantee in accordance with Clause 8, our aggregate liability to you arising out of or in connection with the TCC Finance Check Service provided on or in connection with the Website shall not exceed £100. SEE CLAUSE 8 FOR FURTHER INFORMATION ON THE DATA GUARANTEE.
7.4 Nothing in these Terms and Conditions excludes or limits our liability to you in any way in respect of:
(a) death or personal injury caused by our negligence, or the negligence of our employees, agents of subcontractors;
(b) our fraud or fraudulent misrepresentation;
(c) any terms implied under the Supply of Goods and Services Act 1982; or
(d) any other matter which it would be illegal for us to exclude or limit or to attempt to exclude or limit our liability.
7.5 Except as set out in clause 7.4, we will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms and Conditions that is caused by an event outside of our reasonable control.
7.6 We are not responsible for the following:
(a) for any damage caused to any hardware or software used to access, use or download the Finance Check Services, unless we have been negligent;
(b) for losses you suffer under any contract you have with a third party through which your access to the Finance Check Services and/ or any Website is arranged or paid for.
(c) for your use or the operation of the Website itself, and this shall remain the responsibility of TCC.
7.7 We only supply the Finance Check Services 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;
(e) loss of anticipated savings.
7.8 If any problems arise with your use of the Finance Check Services, or you wish to make a complaint about the Finance Check Service please contact TCC in the first instance as soon as possible using the contact details on the Website.
8. Data Guarantee
Please make sure that you have read and understood the terms and conditions relating to the Data Guarantee. In order to benefit from the protection of the Data Guarantee, you must take certain steps before purchasing the vehicle and the Data Guarantee is subject to conditions and exclusions.
8.1 Your Duty of Disclosure
The Data Guarantee provided to you is based on the information you provided to us. You must ensure that any information you provide us is complete and accurate, and that you disclose any facts that may influence our decision to accept and pay a valid claim should a claim arise. Failure to disclose important information relevant to your claim may invalidate your Data Guarantee and could result in the claim not being paid.
8.2 Scope of Data Guarantee
For the avoidance of doubt, the Data Guarantee only provides cover in relation to the Finance Check Service. Other elements of the TCC Vehicle History Check Service provide you with a guarantee from TCC, as set out in Part A of these Terms and Conditions. In addition, you will need to make your own arrangements to assess the condition of the vehicle and ensure that it is safe and legal for you to drive any vehicle you purchase.
The losses against which you will be protected by the Data Guarantee (the "Losses") are certain financial losses which are set out below.
8.3 Protection provided by the Data Guarantee
The "Losses" which the Data Guarantee provides coverage against are certain financial losses arising from issues in the information provided to you in the Finance Check Service as set out below:
Issue with Information
Description of Loss
Limit of Protection
Missing or incomplete financial information in respect of the vehicle
If you fail to obtain good title to the vehicle as a result of missing or incomplete financial data you are protected against losses up to the market value of the vehicle at the time you make the claim under the Data Guarantee. We will make payments to the lender of any outstanding finance on the vehicle (up to the Limit of Protection) in order that you can obtain good title to the vehicle.
The limit of protection set out above is the maximum amount that we will pay you in the event of a successful claim under the Data Guarantee.
The market value referred to above is determined with reference to the retail value of the vehicle published in Glass's Guide (published by Glass's Information Services Limited) adjusted for the mileage of the vehicle.
8.4 Conditions of the Data Guarantee
You must carry out the following checks before you purchase the vehicle:
In order to successfully make a claim under the Data Guarantee, you must have carried out all of the above checks and acted as a reasonably prudent purchaser. This means that where you have good reason to suspect the vehicle is not genuine or that you have been given incorrect information by the seller, you must take precautions to avoid Losses when purchasing the vehicle by:
For the avoidance of doubt, you are expected to take into account the information provided in the TCC Vehicle History Check (including the Finance Check Service) in acting as a reasonably prudent purchaser.
In order to make a successful claim under the Data Guarantee, the following conditions must be met:
8.5 Exclusions from the Data Guarantee
The Data Guarantee will not provide protection against Losses in the following circumstances or for the following losses or expenses:
8.6 Duration of Protection Provided by the Data Guarantee
The Data Guarantee will provide protection against the Losses for up to 2 years following the date of the Finance Check Service.
8.7 Making a Claim
If you wish to make a claim, you need to contact TCC in the first instance using the contact details on the Website.
9. Price and Payment
9.1 The price of the Finance Check is included within the amount you pay for the TCC Vehicle History Check. No additional payment is due to us.
10.1 If you wish to cancel an order you have placed for a TCC Vehicle History Check (including the Finance Check Service element of the service) please refer to the section headed "Your right to cancel" in Part A of these Terms and Conditions.
11. Changes to these Terms and Conditions
11.1 Sometimes, because of changes to the Finance Check Service, changes in the law or our arrangements with third parties, we may have to make changes to these Terms and Conditions. You can tell when changes have been made by checking the version and date on which they were last modified indicated at the end of Part B of these Terms and Conditions.
11.2 We will not notify you individually of any changes in these Terms and Conditions. It is therefore important that you check these Terms and Conditions regularly and in particular on each occasion when you request the Finance Check Service.
12. Other important information
12.1 These Terms and Conditions are a contract between you and us and form the entire agreement between us. No-one except us and you has any right to enforce these Terms and Conditions by virtue of the Contracts (Rights of Third Parties) Act 1999.
12.2 You may not transfer any or all of the rights granted to you under these Terms and Conditions to any other person.
12.3 We may in our discretion discontinue or modify the Finance Check Service at any time. We will try to ensure that any such discontinuation or modification does not materially adversely affect the nature of the Finance Check Service provided to you.
12.4 All communications between us will be conducted in the English language.
12.5 Any notices we send to you will be sent to the most recent e-mail address or postal address provided to us by you or on your behalf by a third party.
12.6 English law applies to these Terms and Conditions. If any disputes arise between you and us in relation to these Terms and Conditions and you want to take court proceedings, you must do so in the English courts unless you reside in Scotland, Wales or Northern Ireland, in which case you may do so in the courts of the country in which you reside.
Document Reference: 1.6