Terms and Conditions of Service


Introduction

Before reading our Terms & Conditions of Service (“T&Cs”), here are the key takeaways:

Key Sections

We draw particular attention in these T&Cs to:

Cancellation Rights

If you are a consumer, please see section 5 which relates to your cancellation rights. By agreeing to these T&Cs, you hereby acknowledge that, subject to your payment, we aim to provide a vehicle check report to you immediately after your request and you consent that you will lose your right to cancel the contract and obtain a refund (fully or partially, depending on the circumstances) after we provide the vehicle check report to you within the cancellation period. Please refer to section 5 for further information.

Total Car Check Guarantee

Please refer to section 8 regarding our Total Car Check Guarantee. The full terms and conditions of the Total Car Check Guarantee can be found here: https://totalcarcheck.co.uk/TotalCarCheckGuarantee.

Please see the Third Party Terms section below regarding any other data guarantees made available to you by any third parties which supply data to us.

Liability & Disclaimers

Please see section 9 which relates to our liability and disclaimers.

Free Services

These T&Cs generally apply to services you have paid for.

If you provide us with a vehicle registration number, our website and app may provide you a basic report free of charge (we sometimes refer to this as an Initial Vehicle Details Lookup). These T&Cs, in particular the Total Car Check Guarantee (further details below), do not apply to any of our free services and, in relation to such free services, without prejudice to any rights, limitations, remedies or disclaimers we have expressly mentioned or which are given to us by law, we exclude, to the fullest extent permitted by law:

  • any and all liability and warranties; and
  • all warranties, liability, conditions and other terms implied by statute or common law.

You should still, however, ensure you have read these T&Cs fully if you are considering buying any of our services after having had an Initial Vehicles Details Lookup. Please also make sure you read our Terms of Use (link below) as they will apply to any service made available for free on our Site or App.

Total Car Check Privacy Policy

For further details regarding how we use your personal information, please read our Privacy Policy: https://totalcarcheck.co.uk/PrivacyPolicy.

Total Car Check Terms of Use

Please ensure you have also read our terms and conditions governing your use of our website and/or app, including acceptable use, restrictions, registration and other legal statement (https://totalcarcheck.co.uk/TermsOfUse). The Initial Vehicle Details Lookup is also covered by those terms.

Third Party Terms

Certain aspects of the data we make available to you as part of the service is directly subject to the terms and conditions of a third party provider, not these T&Cs. Please ensure you read these terms as well as they form a contract between you and that third party provider. They are as follows:

Service

Third Party

Third Party Terms

Further Comments

Outstanding Finance Check

Experian Limited

https://totalcarcheck.co.uk/ ExperianGuarantee

Comes with a data guarantee. Please see Experian Limited’s terms for more detail.


These T&Cs apply to all purchases of our services as of 1st April 2022


1. Background

1.1 We are Total Car Check Limited (“we”, “us”, “our”, “Total Car Check” or “TCC”), 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. Our registered VAT number is 980411431.

1.2 These are the terms and conditions (“T&Cs”) on which we supply vehicle check services to you. These T&Cs explain how we provide those services, how you and we can change or end the contract, what to do if there is an issue and other important information. We encourage you to read these terms carefully before you request a check from us.

1.3 Consumer or business. For the purposes of these T&Cs, a “business” means a customer who purchases our services in the course of its business, trade or profession (for example, a motor trader). A “consumer” means a customer who is not purchasing the services in the course of their business, trade or profession. If you are purchasing services from us as a consumer, you will be subject to those clauses in these T&Cs that are identified as applying only to consumers, but not those clauses that apply to business customers. If a clause is not specified as applying to businesses or consumers, it shall apply to both businesses and consumers.

2. How to Contact Total Car Check

2.1 If you have any queries, you can contact us by emailing us at enquiries@totalcarcheck.co.uk or posting to our registered office (see above). If we have to contact you we will do so by writing to you at the email address or postal address you provided to us.

3. Our Contract with You

3.1 You are deemed to make an offer to enter into a contract with Total Car Check, pursuant to these T&Cs, when you have provided your vehicle registration number to us and made payment in full for the relevant vehicle check you have requested. Our acceptance of your offer will take place when we provide you with the report relating to that vehicle check (or if you requested and purchased our Multi-Checks Package, when we provide you with a confirmation email), at which point a contract will come into existence between you and us.

3.2 The report mentioned above will be emailed to the email address you provide to us and will be available to view and download when you sign into your online account with us. Your report and payment receipt emailed to you will provide you with a reference number. It will help us if you can tell us the reference number whenever you contact us about your order.

3.3 If we are unable to accept your order, and therefore unable to provide you with a report, we will inform you of this in writing and will not charge you for the service requested. This might be because of unexpected errors or complications in our systems which we could not reasonably plan for or because we have identified an error in the price or description of the service.

3.4 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. Our service does not cover vehicles registered outside the UK.

3.5 To purchase services from us, you must be 17 years old or older.

4. Our Service

4.1 Our promise to you is that we will provide our services to you with reasonable care and skill.

4.2 The images and descriptions on our website are for illustrative purposes only and may slightly differ to the service you receive.

4.3 We may change the look and feel of the report from time to time. We might also use different providers from time to time to support and supplement our vehicle check database.

4.4 We may also be required to change or, in rare circumstances, suspend the service we provide to reflect changes in relevant laws and regulatory requirements, deal with any technical problems and to implement minor technical adjustments and improvements, for example to address a security threat. Unless the changes are significant (in which case we will notify you), these changes should not affect your use of our services.

4.5 However, if there are any really significant changes to the services, checks and/or reports we provide to you, we will notify you in advance of such changes and you can contact us should you have any concerns.

4.6 Multi-Checks Package. You may have paid upfront for a package which allows you to get a certain number of checks (for example, you may have decided to purchase our multi-Gold Check package which gives you 20 Gold Checks). Where that is the case, you will be provided with a list of vouchers, each of which is valid for 1 year from the date you purchased the Multi-Checks Package. This means you will need to use all of the checks you have bought as part of the package within that 1-year period. After that period, you will not be able to redeem your vouchers or get a refund for any unused vouchers under that Multi-Checks Package.

4.7 As soon as you have requested a check, and we are in receipt of full payment from you in respect of that check, we will aim to make the report available to you. If our supply of the report is delayed by an event outside our control, for example due to a technical interruption, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this, we will not be liable for delays caused by the event, but if there is a substantial delay you should contact us.

4.8 We will need certain information from you so that we can supply our services to you, for example, the vehicle registration number in respect of the vehicle you have requested a check, and your email address and card details. If you do not give us this information at the time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract, not supply the service to you, supply the service on the basis of the incorrect information provided, or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the service late if this is caused by you not giving us the information we need within a reasonable time of us asking for it.

5. Your Rights to End the Contract if You are a Consumer

This section 5 only applies if you are a consumer.

5.1 If you are a consumer buying a product or service online from a business, you normally have a legal right, under the Consumer Contracts Regulations 2013, to change your mind within 14 days of entering into a contract with that business and receive a refund. However, for those consumers purchasing one-off vehicle checks, in the vast majority of cases, the service (that is, the report) is delivered to you, and therefore completed, immediately after you have submitted your request and made payment. In such a case, you would not be entitled to the 14-day right to change your mind despite the fact that that 14-day cancellation period is still running. By accepting these T&Cs, you acknowledge and agree to losing your cancellation rights in this way.

5.2 If you are a consumer and have purchased a Multi-Checks Package (please see section 4 above for further details on this), then you will have the right to change your mind in relation to - that is, you will have the right to cancel without giving any reason - your contract with us within the period of 14 days after the conclusion of the contract. However, you agree to pay for any reports we have already provided to you during the cancellation period. If you cancel within the 14-day cancellation period but before you have used all of the checks/vouchers available to you per the Multi-Checks Package, you will be entitled to a refund which is proportionate to the number of unused checks/vouchers remaining in your Multi-Checks Package at the time of cancellation. We will refund you accordingly within 14 days of you telling us using the method you used for payment.

5.3 To end the contract with us, please let us know by clear statement by contacting us using the contact details set out in section 2 above. You can also, but are not obliged to, print off the model cancellation form set out at the end of these T&Cs and posting it to us at the address on the form. Or simply write to us at that address, including details of what you bought, when you ordered or received it and your name and address.

6. Our Rights to End the Contract

6.1 We may end the contract at any time by writing to you if you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due.

7. Price & Payment

7.1 The price of our services (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the prices of our services advised to you are correct.

7.2 We accept payment via the card payment methods set out on the order pages. You must pay in full prior to receiving a report or vouchers under a Multi-Checks Package.

7.3 If, for some reason, you do not make payment to us in full when required, we may charge interest to you on the overdue amount at the rate of 3% a year above the base lending rate of the Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.

7.4 If you genuinely and reasonably believe an invoice or receipt to be wrong please contact us promptly to let us know.

8. Total Car Check Guarantee

8.1 Under certain circumstances, we offer a data guarantee. We refer to this guarantee in these T&Cs as the “Total Car Check Guarantee”. However, the Total Car Check Guarantee is subject to its own separate terms and conditions. The terms and conditions of the Total Car Check Guarantee can be found here: https://totalcarcheck.co.uk/TotalCarCheckGuarantee. Please ensure you read those terms and conditions carefully before contacting Total Car Check about the Total Car Check Guarantee.

8.2 Please see the Third Party Terms section below (and above at the beginning) regarding any other data guarantees made available to you by any third parties we work with.

9. Liability & Disclaimers

9.1 The value in the service we provide to you is that you are getting, from one place, a detailed set of information about a vehicle sourced by us from various data suppliers. Whilst we use reasonable care to ensure data contained within a report is accurate, correct and up to date, TCC cannot guarantee this to be the case. This is because the data provided to us is sourced from third parties such as the Driver and Vehicle Licensing Agency, the Police, the Motor Insurers’ Bureau and their respective data suppliers. However, we do provide a guarantee (see section 8 above regarding the Total Car Check Guarantee and where you can find its terms).

9.2 Further to the above, we also have to expect a reasonably necessary delay between data being made available to the third party supplier, their inputting the data onto their data system and this being sent to us and loaded into our systems before being made available to you for checking. Therefore, we can only make available to you the information that is available to us at the time you request a vehicle check, taking into account the reasonably necessary delay as mentioned. Our report is a ‘snapshot’ of the data we have available to give to you at that particular time .

9.3 We recommend that you do not solely rely on our report for information prior to making any decisions, whether to purchase a vehicle or otherwise. We also recommend that you make independent arrangements to assess the performance, condition, safety and legality of any vehicle you are looking to purchase.

9.4 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.

9.5 Any and all information provided by us in connection with the service is for general information purposes only. You are responsible for any opinions, recommendations, forecasts or other conclusions made or actions taken by you or anyone else on the basis of a report. Nothing provided by us in connection with the service is, or shall be deemed to constitute, financial, legal, regulatory, tax, professional or other advice.

9.6 TCC does not guarantee that any part of the service online will be uninterrupted and accepts no liability for any failure, delay, interruption or breakdown in network connections and/or point-to-point connectivity across the Internet and other networks which may affect their provision and is outside TCC’s immediate control.

9.7 Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen. We are not responsible for any loss or damage that is not foreseeable.

9.8 Regardless of any other provision in these T&Cs, TCC does not exclude or limit in any way its liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, and for any other liability which would be unlawful to exclude or limit.

9.9 If you are a consumer, if defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you reasonable compensation.

9.10 If you are a consumer, TCC only supplies the services to you in your personal capacity and for personal use. You agree not to use the services for any commercial, business or re-sale purposes, and TCC shall not be liable to you for any loss of profit or revenue, loss of business, loss of or damage to goodwill or reputation, business interruption, or loss of business opportunity.

9.11 If you are a business customer, except in relation to any entitlement you may have under the Total Car Check Guarantee where it is applicable (see section 8 above), TCC shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any (whether direct or indirect):

(a) loss of profit, revenue, sales, business or business opportunity;

(b) loss of, or damage to, goodwill or reputation;

(c) inability to access our website or app;

(d) reduction in asset value; or

(e) loss or corruption of data;

in connection with the contract and these T&Cs or for any other indirect or consequential loss.

9.12 Except in relation to any entitlement you may have under the Total Car Check Guarantee where it is applicable (see section 8 above), TCC’s total aggregate liability in contract, tort (including negligence) or otherwise, arising in connection with a contract will be limited to 125% of the total fees paid by you under that contract.

10. Third Party Terms

10.1 Certain aspects of the data we make available to you as part of the service is directly subject to the terms and conditions of a third party provider, not these T&Cs. Please read the top of these T&Cs to see the list of third party terms applicable to you in addition to these T&Cs; the respective providers to which they relate; and the element of the service which those third party terms cover (and whether or not any additional data guarantee is provided by that third party provider). Please ensure you read those terms as well as they form a contract between you and that third party provider.

10.2 From time to time, we give a licence for other businesses to plug our technology into their online platforms (for example, websites and apps) and provide vehicle check services using our data on their platforms. These T&Cs do not apply to your use of the service on those platforms, which are subject to the terms and conditions of the relevant business which operates the respective platform.

11. Personal Information

11.1 Our service to you will mean we will be processing personal information about you. For further details regarding how we use your personal information, please read our Privacy Policy, found here: https://totalcarcheck.co.uk/PrivacyPolicy.

12. Intellectual Property Rights

12.1 Ownership of any and all Intellectual Property Rights (that is, all patents, rights to inventions, utility models, copyright and related rights, trade marks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database right, topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world) in connection with our branding, services, databases and any reports (which includes the data and branding within the reports as well as the look, feel and format of the reports) is retained by TCC or its licensors, whichever the case may be.

12.2 You acknowledge that, in respect of any third party Intellectual Property Rights, your use of any such Intellectual Property Rights is conditional on TCC obtaining a licence from the relevant licensor on such terms as will entitle TCC to license such rights to you.

13. Other Important Terms

13.1 We may transfer our rights and obligations under these terms 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 the contract.

13.2 You may only transfer your rights or your obligations under these terms to another person only if we agree to this in writing, though we may refuse. We may not agree because the service is personal to you and usually in relation to a purchase of a vehicle made by you. We will consider any request you make nonetheless.

13.3 This contract is between you and us. No other person shall have any rights to enforce any of these T&Cs. Please see section 10 above regarding third party terms which do not form part of these T&Cs and the contract.

13.4 Each of the paragraphs of these terms 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.

13.5 If we do not insist immediately that you do anything you are required to do under these T&Cs, or if we delay in taking steps against you in respect of your breaking the contract, 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 .

13.6 If you are a consumer, the following applies: these T&Cs are governed by the law of England and Wales and you can bring legal proceedings in respect of the service 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 service 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 service in either the Northern Irish courts or the courts of England and Wales.

13.7 If you are a business customer, these T&Cs constitute the entire agreement between the parties. 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 T&Cs. Furthermore, these 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 T&Cs or their subject matter or formation (including non-contractual disputes or claims).


MODEL CANCELLATION FORM

(Complete and return this form only if you wish to withdraw from the contract)

To

Total Car Check Limited

7 Bell Yard,

London,

WC2A 2JR.

enquiries@totalcarcheck.co.uk

I hereby give notice that I cancel my contract for the supply of the following service:

Received on:

Name of consumer:

Address of consumer:


Signature of consumer(s) (only if this form is notified on paper):

Date: