Terms of Use of Website and App

These terms and conditions govern your use of our website and app. Please read them carefully before using our website or app.

Total Car Check: Terms of Use of Website and App

Who We Are and How to Contact Us

Totalcarcheck.co.uk (the “Website”) and the Total Car Check mobile application (the “App”) are both operated by Total Car Check Limited (“we”, “us”, “our”, “Total Car Check” or “TCC”), a limited company registered in England and Wales. Our company registration number is 07043189 and our registered office is at International House, 24 Holborn Viaduct, London, England, EC1A 2BN. Our registered VAT number is 980411431.

To contact us, you can email 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.

By Using our Site and App You Accept These Terms

By using our Site and App, you confirm that you accept these terms of use and that you agree to comply with them. If you do not agree to these terms, you must not use our Site or App. We recommend that you print a copy of these terms for future reference.

There are Other Terms that May Apply to You

The following additional terms also apply to your use of our Site and App:

We May Make Changes to These Terms

We may amend these terms from time to time. Every time you wish to use our Site or App, please check these terms to ensure you understand the terms that apply at that time.

We May Make Changes to our Site and App

We may update and change our Site and App from time to time to reflect changes to our products, our services, our users’ needs and our business priorities.

We May Suspend or Withdraw our Site or App

Our Site and App are made available free of charge.

We do not guarantee that our Site or App, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Site or App for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal. Please ensure you visit the Site and App routinely to receive such notice.

You are also responsible for ensuring that all persons who access our Site or App through your Internet connection are aware of these terms of use and other applicable terms and conditions (see above), and that they comply with them.

Our Site and App are Only for Users in the UK

Our Site and App are directed to people residing in the United Kingdom. We do not represent that content available on or through our Site or App is appropriate for use or available in other locations.

Your Account

To gain access to certain features on our Site and App you will need to register (free of charge) with Total Car Check. You must be at least 17 years of age to register. At our discretion, we may refuse your application for registration. If we accept your application for registration, you will be given access at the point of application.

Each registration is for a single user only. You must not share your username and password with any other person or with multiple users on a network.

You undertake that all information provided by you for the purposes of registering with us is accurate and complete.

You accept sole responsibility for all use of and for keeping confidential any password or identification code that may have been given to you or chosen by you for use on the Site and App. You will notify us immediately of any unauthorised use of them or any other breach of security of the Site or App of which you become aware.

We have the right to disable any identification code, account or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

How You May Use our Site or App

We are the owner or the licensee of all intellectual property rights in our Site and App, and in the material published on them (including all data made available via them). All such rights are reserved.

Except for any use of our Site or App expressly permitted in these terms, you are not permitted to use or exploit our branding (including our company name, trade name and logo) without our prior written approval.

You may print off one copy, and may download extracts, of any page(s) from our Site for your personal use and you may draw the attention of others within your organisation to content posted on our Site or App.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on our Site and App must always be acknowledged (except where the content is user-generated).

You must not use any part of the content on our Site or App for commercial purposes without obtaining a licence to do so from us.

If you print off, copy, download, share or repost any part of our Site or App in breach of these terms of use, your right to use our Site and App will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Unacceptable Use

By continuing to make use of our Site and/or App, you warrant, represent and undertake that you shall not under any circumstances:

  1. conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to our Site, App or any services provided via, or in relation to, our Site and App. This includes using (or permitting, authorising or attempting the use of):
    1. any "robot", "bot", "spider", "scraper" or other automated device, program, tool, algorithm, code, process or methodology to access, obtain, copy, monitor or republish any portion of the Site or App or any data, content, information or services accessed via the same; or
    2. any automated analytical technique aimed at analysing text and data in digital form to generate information which includes but is not limited to patterns, trends and correlations;
  2. resell, sub-contract or sub-license any services we provide, or which are made available, via the Site or App;
  3. use the Site or App in any way other than as authorised in these terms of use;
  4. copy, translate, edit, decompile, disassemble, modify, adapt, manipulate, reverse engineer, create derivative works of, or otherwise alter the Site or App;
  5. combine, link or associate our Site or App or Total Car Check, or display our Site or App or Total Car Check in conjunction, with anything (whether on a third party platform or otherwise) which is obscene, offensive, pornographic, defamatory, disparaging towards Total Car Check, competing with Total Car Check, damaging to Total Car Check’s reputation, infringes rights, including the intellectual property rights, of any person or entity, or is otherwise illegal; and
  6. misuse our Site or App by introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site or App, the server on which our Site or App is stored or any server, computer or database connected to our Site or App. You must not attack our Site or App via a denial-of-service attack or a distributed denial-of service attack. By breaching this sub-clause, you would commit a criminal offence under the Computer Misuse Act 1990 and may potentially be in breach of other laws. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site and App will cease immediately; and
  7. use deceptive, misleading or unethical practices that are, or might be, detrimental to Total Car Check, the Site or App and shall not publish or employ, or co-operate in the publication or employment of, any false, misleading or deceptive advertising material or other representations with regard to Total Car Check, the Site or App.

The above shall all be deemed to be “Unacceptable Use”. The provisions in this clause should be treated as an express reservation of our rights in this regard.

Liability, Disclaimers and Non-reliance

Different limitations and exclusions of liability will apply to liability arising as a result of your purchase of any of our services from us, which will be set out in our Terms and Conditions of Service: https://totalcarcheck.co.uk/TermsAndConditionsOfService.

Whilst we use reasonable care to ensure data contained within our vehicle check service 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. We are therefore not liable for any inaccuracies, omissions or errors in any information provided via the Site or App.

Further to the above, we also have to expect a reasonably necessary 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 before being made available to you via the Site or App 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. The information we provide is a ‘snapshot’ of the data we have available to give to you at that particular time.

We recommend that you do not solely rely on us 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.

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 in connection with the Site and App 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 information provided on the Site or App. Nothing provided by us in connection with the Site or App is, or shall be deemed to constitute, financial, legal, regulatory, tax, professional or other advice.

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.

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.

If you are a consumer, TCC only makes the Site and App available for you in your personal capacity and for personal use. You agree not to use the Site or App 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 goodwill, business interruption, or loss of business opportunity.

If you are a business, 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):

  1. loss of profit, revenue, sales, business or business opportunity;
  2. loss of, or damage to, reputation or goodwill;
  3. inability to use the Site or App;
  4. reduction in asset value; or
  5. loss or corruption of data;

in connection with your use of the Site or App or for any other indirect or consequential loss.

Regardless of the above, 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.

We Are Not Responsible for Websites We Link to

Where our Site or App contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources.

User-Generated Content is Not Approved By Us

Our Site or App may include information and materials uploaded by other users or account holders, including to bulletin boards and feedback pages. This information and these materials have not been verified or approved by us. The views expressed by other users on our Site or App do not represent our views or values.

We Are Not Responsible for Viruses and You Must Not Introduce Them

We do not guarantee that our Site or App will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform to access our Site and App. You should use your own virus protection software.

Rules About Linking to our Site

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our Site in any website that is not owned by you. Our Site must not be framed on any other site.

We reserve the right to withdraw linking permission without notice.

The way in which you are linking must not under any circumstances fall within the scope of Unacceptable Use as described further above in these terms of use.

For further details about how you can earn a commission by linking to our Site, or if you wish to link to or make any use of content on our Site or App other than set out above please contact us at enquiries@totalcarcheck.co.uk

Which Country's Laws Apply to Any Disputes?

If you are a consumer, the following applies: these terms are governed by the law of England and Wales and you can bring legal proceedings in the courts of England and Wales. If you are a consumer and live in Scotland, you can bring legal proceedings 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 either the Northern Irish courts or the courts of England and Wales.

If you are a business, these terms 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 terms or their subject matter or formation (including non-contractual disputes or claims).