These are the terms and conditions upon which we, Total Car Check Limited (“we”, “us”, “our”, “Total Car Check” or “TCC”), provide our Guarantee (the “Guarantee”), available to customers (“you” or “your”) purchasing vehicle check services from us or one of our designated licensed providers (“Guarantee T&Cs”). TCC is a company registered in England and Wales. Our company registration number is 07043189 and our registered office is at 7 Bell Yard, London, England, WC2A 2JR.
Please ensure that you have read and understood these Guarantee T&Cs carefully before purchasing your vehicle check and before purchasing your vehicle. In order to benefit from the Guarantee, you are required to take certain steps, which include presenting certain documents to us, within specified time limits. Otherwise, you risk invalidating your claim.
If you have purchased services from TCC, these Guarantee T&Cs form part of the Total Car Check Limited terms and conditions of service (“Terms of Service”) which can be found here: https://totalcarcheck.co.uk/TermsAndConditionsOfService. It is important that you read our Terms of Service in conjunction with these Guarantee T&Cs as both documents form part of our contract with you.
If you have purchased a service via one of our TCC-designated licensed providers, these Guarantee T&Cs form part of a contract between TCC and you and no other party has a right to enforce them. Otherwise, the provision of services to you by that TCC-designated licensed provider is under a separate contract between that provider and you. It is important that you read that provider’s terms and conditions of service in conjunction with these Guarantee T&Cs.
For further details regarding how we use your personal information, please read our Privacy Policy, found here: https://totalcarcheck.co.uk/PrivacyPolicy.
Please ensure you have also read our terms and conditions governing your use of our website and app, including acceptable use, restrictions, registration and other legal statements (https://totalcarcheck.co.uk/TermsOfUse).
1.1 Among other sources, we obtain certain aspects of our vehicle data from the Motor Insurance Anti-Fraud Theft Register (“MIAFTR”), which includes a record of UK vehicles that insurance companies have recorded as being ‘written off’, and the Police National Computer (“PNC”), which includes a record of all vehicles reported to the police as stolen. The MIAFTR database also records vehicles that insurance firms have recorded as stolen. Further information, particularly around the different classifications used to identify ‘written off’ vehicles (or vehicles at a ‘total loss’), can be found here at https://totalcarcheck.co.uk/AboutOurChecks
1.2 Whenever you provide us with a vehicle registration marker (or “VRM”, which is the registration plate of the vehicle), and you have requested from us a service which includes the provision of stolen and/or written off information, we will check the VRM against data provided to us via the MIAFTR and PNC databases and inform you via our report to you whether that vehicle has been marked as stolen and/or written off.
1.3 The Guarantee is concerned with information we provide to you via the MIAFTR and PNC, specifically in relation to when a vehicle has been reported stolen and/or written off.
1.4 These Guarantee T&Cs are the terms and conditions under which you may benefit from the Guarantee.
1.5 Any reference to “market value” in these Guarantee T&Cs is a 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. References to the “DVLA” are to the Driver and Vehicle Licensing Agency.
2.1 Subject to these Guarantee T&Cs, provided you claim within the Guarantee Cover Period (see section 3 below), the Guarantee provides compensation for certain losses to you, up to and within the scope of the Guarantee Limits (see section 4 below), in the event of:
(a) TCC’s error (but not due to a natural or unavoidable delay, see section 5 below) when receiving data from the MIAFTR or PNC leading to our vehicle report failing to give you correct, accurate or complete information, and our providing you with data which is inconsistent with the data provided by the MIAFTR or PNC, about the vehicle you purchased being written off (or categorised as a total loss) and/or recorded as stolen by the police; and
(b) that failure directly resulting in you suffering a loss of title or a diminution in value in relation to that vehicle you purchased.
3.1 The Guarantee is effective for a period of 12 (twelve) calendar months from the date of your vehicle check order, or until you sell the vehicle, whichever occurs sooner (the “Guarantee Cover Period”). Any claims submitted outside the Guarantee Cover Period will not be considered.
4.1 The table below sets out the maximum amounts you are able to recover under the Guarantee (the “Guarantee Limits”).
Issue Category |
Description of loss resulting from the information provided by TCC in relation to the purchased vehicle (the VRM of which you checked upon) at the date and time of your check being incorrect, incomplete or inaccurate due to TCC’s error (as opposed to a natural or unavoidable delay) |
Guarantee Limit |
Stolen vehicle |
For loss of title as a result of the vehicle being reported to the police as stolen. |
A sum not exceeding the lesser of the following amounts: · 1/3rd of the market value of the vehicle as at the date of claim · 1/3rd of the price you paid for the vehicle · the sum payable to acquire good title · £10,000 |
|
Written off vehicle Category A or B |
For reduction in market value as a result of the vehicle being deemed, to TCC’s reasonable satisfaction, a 'total loss' or 'write-off' in insurance category A or B. |
A sum not exceeding the lesser of the following amounts: · 1/3rd of the market value of the vehicle as at the date of claim · 1/3rd of the price you paid for the vehicle · £3,000 |
|
Written off vehicle Category S/C or N/D |
For reduction in market value as a result of the vehicle being deemed, to TCC’s reasonable satisfaction, a 'total loss' or 'write-off' in insurance category S/C or N/D |
A sum not exceeding the lesser of the following amounts: · 1/3rd of the market value of the vehicle as at the date of claim · 1/3rd of the price you paid for the vehicle · £1,500 |
5.1 We are reliant on the data we receive from third party sources. A batch transfer is the means by which we routinely receive data electronically from third party suppliers. There will inevitably be a delay between the data being provided to the third party supplier, their inputting the data onto their data system and the batch being sent to us and loaded into TCC’s systems before being ready to make available as part of the vehicle check.
5.2 The Guarantee is effective in respect of searches undertaken after the time we received and uploaded the data or should reasonably have received and uploaded the data. Stolen vehicle data from the PNC is passed to us on weekdays only (Monday, Tuesday, Wednesday, Thursday and Friday), not including bank holidays. Written off data from MIAFTR is also passed to us on weekdays only (not including bank holidays).
5.3 The Guarantee does not cover any claim arising from the normal delay understandably and reasonably associated with the transfer of data from the third party supplier to us. These unavoidable delay periods can be further described as follows:
(a) Stolen vehicles. We do not guarantee checks or purchases that occur before we received the data in the relevant batch transfer. This will be considered an event before the data could reasonably be in our possession.
(b) Written off vehicles. We do not guarantee checks or purchases that occur before we received the data in the relevant batch transfer. This will be considered an event before the data could reasonably be in our possession. Nor do we guarantee checks or purchases that occurred before the insurance company has concluded their involvement in any claim giving rise to a total loss categorisation and/or before the insurance company releases the vehicle for disposal and placed the VRM on the MIAFTR.
6.1 Age restriction. You must be at least 17 years old to make a claim under the Guarantee.
6.2 MIAFTR and Police stolen data only. The Guarantee is limited to MIAFTR and Police stolen data only and does not cover any other aspect of information about a vehicle (for example, information we may provide on a vehicle's roadworthiness, condition, fuel economy, emissions, MOT history, description, vehicle keeper data, the number of keepers, the date of keeper changes, value, mileage, salvage history, and accompanying documentation (including V5/Logbook), and outstanding finance on the vehicle).
6.3 Official TCC-approved applications only. Only vehicle checks purchased via the Total Car Check website, mobile application or other TCC-designated licenced websites or applications are covered by this Guarantee. Vehicle enquiries performed on any other website, application or service are not covered.
6.4 Check must have been made by you no more than 7 days prior to purchase. Data about a vehicle can change quickly. Therefore, in order to claim under the Guarantee, the vehicle check must have been purchased by you, the buyer of the vehicle, no more than seven (7) days prior to purchasing the vehicle. For example, if you purchased a vehicle check on the 1st of a month and then bought the vehicle on the 9th of the same month, you would not be eligible to claim under the Guarantee. You of course cannot claim under the Guarantee if you have purchased a vehicle check after purchasing the vehicle.
6.5 The Guarantee is personal to you. The actual buyer of the vehicle must have purchased the vehicle check. You are not entitled to transfer the Guarantee to anyone else.
6.6 The Guarantee does not apply to free checks. You must have paid (in full) for the vehicle check in relation to the vehicle you are claiming a Guarantee. The Guarantee does not cover checks, reports or any information made available to you free of charge.
6.7 UK-registered vehicles only. Our data sources only relate to vehicles registered inside the United Kingdom of Great Britain and Northern Ireland (excluding Jersey, Guernsey and the Isle of Man) (the “UK”) at the time of conducting the check. The Guarantee does not cover vehicles registered outside the UK. The Guarantee also does not cover the purchase of a vehicle made by you where you are located outside the UK. If the vehicle has been previously registered in another country, the vehicle check will only reveal information relating to the period after it was first registered in the UK. Accordingly, you cannot make a claim under the Guarantee for any loss resulting from the vehicle having been previously registered outside the UK or any event which occurred prior to first registration in the UK (whether or not the report displays a “previously used abroad before 1st registration with the DVLA” or similar marker in relation to the vehicle).
6.8 Where you knew something was wrong. You, or anyone acting for you, must not be aware at the time of your check of information confirming, suggesting or giving you reason to suspect that the vehicle has an adverse history (i.e. stolen or written off) or was subject to the problem in respect of which you are claiming. If so, you cannot claim under the Guarantee.
6.9 Fraudulent claims. We will also invalidate your claim if you, or anyone acting for you, knew or should have known that any part of the claim is false or fraudulent or any claim arises as a result of a fraudulent transaction which prevents legal title being passed to you or you intentionally supply us with incorrect or incomplete information.
6.10 Where the corresponding record does contain the full vehicle VRM and VIN. You will not be able to claim under the Guarantee in respect of a vehicle check and the respective vehicle where the corresponding record in MIAFTR or the Police stolen data (whichever the case may be) does not contain the full vehicle VRM and VIN. Both the VRM and VIN in MIAFTR or the Police stolen data (whichever the case may be) need to be complete and accurate for any match to occur to report the vehicle as ‘written off’ or ‘stolen’ (whichever the case may be).
6.11 Please see additional list of Guarantee exclusions. In addition to all of the above, we have set out in Schedule 1 an additional list of circumstances which fall outside of, and are therefore excluded from, the scope of the Guarantee. Please ensure you have read Schedule 1 carefully prior to making a claim. You are also required to read section 7 below very carefully.
7.1 Having taken all of the above into consideration, you must do the following prior to bringing a claim under the Guarantee (failure to do so may invalidate your claim):
(a) You must ensure that the vehicle is accompanied by a full and current V5/Logbook from the DVLA. You must ensure that the serial number is present.
(b) You must check that all the information provided by us in response to your vehicle check enquiry matches the vehicle itself and the corresponding V5/Logbook, and you must notify us immediately of any discrepancies that you identify so that we can investigate. This information includes, but is not limited to, the vehicle's make, model and derivative, engine size, colour, transmission, fuel type, door plan, last two digits of the Vehicle Identification Number (“VIN”) and V5C issue date.
(c) You must check that the information we provide on the date of first registration in the UK of the vehicle matches the date on the corresponding V5/Logbook.
(d) You must be present at the time of purchase of the vehicle and at the time of receiving the vehicle.
(e) The V5C provided or produced to you by the seller at purchase must not be a ‘duplicate’.
(f) You must ensure that all VIN markings on the vehicle match one another i.e. they are identical to each other. This must include, but not be restricted to, the stamped in VIN, VIN tag under the bonnet and visible VIN situated in the windscreen.
(g) You must be able to provide satisfactory proof of purchase of the vehicle.
(h) On the date of the purchase of the vehicle, you must complete in full a purchase receipt. This receipt must include the seller’s name and address, the vehicle registration number, VIN, make and model, the vehicle mileage and price of purchase. The receipt must be signed and dated by the seller.
(i) The purchase receipt must be kept safe and the original provided in the event of a claim.
(j) If a private purchase, you must acquire the car at the home address of the seller which must be the address appearing upon the V5C and from the person whose name appears upon the V5C.
(k) You must take all reasonable steps to confirm that the identity of the seller is that appearing upon the V5C.
8.1 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 Cover Period). To start the claims procedure, please email enquiries@totalcarcheck.co.uk.
8.2 We will issue a claim form for you to complete and return, together with evidence of the vehicle check, your proof of purchase for the vehicle and other relevant documentation and information as required in section 7 above. Your claim will be dealt with by our administrators, who will contact you as soon as possible.
9.1 We may transfer our rights and obligations under these Guarantee T&Cs 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 these Guarantee T&Cs.
9.2 Each of the paragraphs of these Guarantee T&Cs 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.
9.3 If we do not insist immediately that you do anything you are required to do under these Guarantee T&Cs, or if we delay in taking steps against you in respect of your breaking these Guarantee T&Cs, 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.
9.4 If you are a consumer, the following applies: these Guarantee T&Cs are governed by the law of England and Wales and you can bring legal proceedings in respect of the Guarantee in the courts of England and Wales. If you are a consumer and live in Scotland, you can bring legal proceedings in respect of the Guarantee in either the Scottish courts or the courts of England and Wales. If you are a consumer and live in Northern Ireland, you can bring legal proceedings in respect of the Guarantee in either the Northern Irish courts or the courts of England and Wales.
9.5 If you are a business customer, these Guarantee T&Cs constitute the entire agreement between the parties in respect of the Guarantee. You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of TCC which is not set out in these Guarantee T&Cs. Furthermore, these Guarantee T&Cs and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and both parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Guarantee T&Cs or their subject matter or formation (including non-contractual disputes or claims).
In addition, and without prejudice, to the exclusions set out in the Guarantee T&Cs above, any of the following circumstances also fall outside of, and are therefore excluded from, the scope of the Guarantee and will invalidate your claim:
(a) any vehicle check in respect of which there is a discrepancy between the data on the V5C, the vehicle itself and the data we supply you;
(b) 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;
(c) any claim in respect of a purchase of a vehicle for which you paid more than (i) £1,000 or (ii) 20% of the purchase price (whichever is the lower amount) in cash;
(d) any claim 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;
(e) any claim 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;
(f) any claim in respect of 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;
(g) any claim in respect of a vehicle that in its history has been stolen but was not, at the time of your purchase, recorded on the PNC as a stolen vehicle;
(h) any claim relating to a “cloned” vehicle (a “cloned” vehicle being a vehicle that has been stolen and given a false identity, normally that of an identical vehicle);
(i) 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 as stolen or written off;
(j) any claim relating to a post-1980 vehicle in respect of which the VIN is other than 17 alphanumeric figures;
(k) if your claim arises from an event that occurred after the vehicle check was carried out;
(l) if the purchase price of the vehicle in respect of which you are claiming is 30% or more below market value;
(m) if the vehicle is purchased without a valid MOT test certificate, where required;
(n) if 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);
(o) the vehicle is purchased through a salvage agent or salvage auction or from a friend, colleague, relative, partner or someone known personally to you;
(p) a check where the VIN entered by you does not match the VIN held on record;
(q) any claim made outside the Guarantee Cover Period (see section 3 above);
(r) any losses outside the Guarantee Limits and scope, category and limits set out in section 4 above. The Guarantee also excludes any actual or anticipated profit or revenue which you would have made from the vehicle;
(s) a claim arising or resulting from a natural or unavoidable delay (see section 5 above);
(t) where any of the exclusions or limitations in section 6 (see above) apply;
(u) you fail to carry out any of the instructions and requirements in section 7 above.
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 Bell Yard, London, England, WC2A 2JR.
"TCC Vehicle History Check" means the vehicle information service provided by TCC on the Application, 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 application 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.
"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).
2.1 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.
3.1 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 Application) 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.
4.1 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.
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 Application 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 Application 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.
6.1 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 Application and in these Terms and Conditions.
6.2 We do not own or operate the Application through which the Finance Check Service are provided so we make no guarantee whatsoever as to the availability or functionality of the Application or of the Finance Check Service to the extent affected by the availability or functionality of the Application.
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 Application 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 Application or the Finance Check Service.
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 Application 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 Application is arranged or paid for.
(c) for your use or the operation of the Application 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 Application.
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. |
£30,000 |
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 Application.
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.
11.1 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.
12.1 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.