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Vehicle Status Report ("VSR") Terms & Conditions
General
(a) In these terms and conditions (the "Conditions")
the following expressions shall have the following meanings:-
"we"/ "us"/ "ours" means or refers to HPI Limited,
who provides the Information to you;
"you"/ "your" means or refers to you, the customer,
who submits the Enquiry and receives the Information
(in each case subject to these Conditions);
"Enquiry" means a VSR enquiry submitted by you on-line at the Website;
"Information" means the information supplied by us relating to a motor vehicle
recorded on our electronic database in response to your Enquiry;
"Contract" means the contract between you and us for the supply of
the Information made subject to these Conditions;
"Website" means the www.vehiclestatusreport.co.uk and www.vehiclestatusreport.com
websites on the world wide web.
(b) When you submit an Enquiry to us, this constitutes an offer by
you to enter into a Contract with us for the provision of Information
subject to these Conditions. A Contract will only come into existence
between you and us when we provide to you on-line the Information
in response to your Enquiry. We reserve the right for any reason and
without explanation to decline to enter into a Contract with you.
(c) The Contract and all Information provided shall be subject to
these Conditions which (together with the Guarantee Terms &
Conditions) apply to the exclusion of all other terms, conditions
and statements.
(d) When submitting your Enquiry at our Website, it is your responsibility
to complete the request screens at our Website fully and correctly
to ensure a prompt response by us.
Charges
You will pay us our charges for the VSR at our current levels
from time to time, by credit card or any other payment method we accept
(details of which are available at the Website), before we send you the Information.
The Guarantee & Exclusion/Limitation of Liability
(a) The Information we supply to you includes data supplied to us
from a number of sources, including third parties over whom we have
no control. The VSR therefore includes a guarantee (the "Guarantee")
in respect of any untrue, inaccurate or incomplete
Information we may inadvertently provide to you, subject to the terms
of the Guarantee Terms & Conditions.
You should ensure that you carefully read through the
Guarantee Terms & Conditions before relying upon the Information
we provide, as the Guarantee is subject to certain conditions
and exclusions which may affect your ability to make a claim under
it.
(b) You agree, therefore, that we do not warrant that the Information
is true, correct or complete and that we shall not:-
(i) (other than upon the terms of the Guarantee) be liable in
any circumstances for any loss or damage arising from any inaccuracies,
faults or omissions in the Information, unless caused by our negligence
or wilful default; and
(ii) in any circumstances (including, without limitation, if we have
been negligent) be liable for any direct, indirect or consequential
loss or damage at all, or for any loss of business, capital, profit,
reputation or goodwill whether caused by us, our servants or agents
arising out of or in connection with the Contract or its subject matter.
(c) We do not limit or exclude our liability for death or personal
injury arising from our negligence or that of our servants or agents.
(d) Our entire liability (except for death or personal injury arising
from our negligence or that of our servants or agents) in respect
of all claims arising out of or in connection with the Contract shall
not exceed the amount payable under the Guarantee.
(e) We shall not be liable for the accuracy of, or any loss or damage
arising from, any Information we supply to you as a result of any
incomplete or inaccurate data or information you supply to us or as
a result of any other fault attributable to you.
(f) Except as expressly provided in the Contract, all other conditions,
terms and warranties, express or implied by statute or otherwise are
excluded to the fullest extent permitted by law.
(g) Each provision of this Condition 3 is to be construed as a separate
limitation applying and surviving even if for any reason one or the
other of the said provisions is held inapplicable or unreasonable
in any circumstances, and shall remain in force notwithstanding the
performance of the Contract.
No right to Cancel
When making a VSR at our Website, you agree that you have
no right to cancel the Contract under the Consumer Protection (Distance
Selling) Regulations 2000 after we have received and commenced processing
your Enquiry.
Use of your Personal Data
We obtain and hold vehicle and associated data from many sources,
including finance companies, insurers, vehicle owners and the police.
This data is used to protect both those making searches and the owners
of vehicles on our registers. For that reason, you agree and consent
to us disclosing relevant information about you (including your name,
address and details of your usage of our services) to any person
to whom we consider that it would be expedient to do so, for the sole
purposes of preventing, detecting or discouraging crime, for the apprehension
or prosecution of offenders, or for the recovery of stolen vehicles
or other property. Without limiting the foregoing, you expressly agree
and consent to us disclosing any such information about you to:-
(a) a person claiming to be owner of a vehicle against which you
have submitted an Enquiry; or
(b) the police or other law enforcement authorities.
Your use of the Information
The Information we provide to you is for your own personal use. Accordingly
you must not sell, supply or otherwise disclose the Information to
any third party.
Miscellaneous
(a) You may not transfer, assign or in any way make over to any third
party the benefit of the Contract or any part of it (including without
limitation the Guarantee).
(b) Neither you nor we shall not be liable to the other for any delay
in or failure to perform any of our respective obligations under the
Contract due any cause beyond your or our reasonable control.
(c) You agree that you are under no duty or obligation to obtain
the Information and you accept that electronic receipt of the Information
shall constitute actual notice of the Information, for the purposes
of paragraph 22 of Schedule 4 of the Consumer Credit Act 1974.
(d) If any provision of the Contract is held by any competent authority
to be invalid or unenforceable in whole or in part, the validity of
the other provisions of the Contract and the remainder of the provision
in question shall not be affected.
(e) This Contract shall be governed by and construed in accordance
with English law, and you agree to submit to the exclusive jurisdiction
of the English Courts.
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