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.
5.1 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.
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.