Terms and Conditions

Vehicle dials

Terms and Conditions


1. Definitions

  1. Some words and phrases used in these conditions have special meanings. These meanings are set out below.

    Charges
    The fees you pay for the services. These are our standard charges for the services from time to time and include a yearly fee (as shown in the schedule).
    Commencement Date
    The date set out in the schedule or on which you first use the services (unless we agree otherwise in writing).
    Schedule
    In the case of existing account holders who have previously had a contract with us, other than through the internet, the schedule agreed between you and us at the time you originally opened your account with us or any other schedule we agree at any time that contains details of your use of the services.
    Services
    The 'Car Data Check' moveable asset enquiry services we provide to you in line with the special conditions set out in the schedule.
    Term
    The period set out in the schedule.
    We
    Experian Limited (registered number 653331). Our registered office is at Talbot House, Talbot Street, Nottingham, NG80 1TH.
    Website
    The website at www.uk.experian.com or another website through which we deliver the services.
    You
    The person, firm or company which we accept as an account holder for our 'Car Data Check' moveable asset enquiry services.

  2. The headings used in these conditions are for convenience only and do not affect these conditions.


2. The services

  1. We must provide any or all of the services you ask us to under these conditions.
  2. We will provide the services in line with these conditions. However, we can change or end the services, or any part of the services, at any time.


3. Period of agreement

These conditions will come into effect on the commencement date and continue for the term until we or you end it. In these circumstances, either you or we can end these conditions by giving the other at least three calendar months' notice beforehand, in writing. Any notice must end on or after the date the term ends.



4. Paying charges

  1. You will pay the charges on the commencement date and then on each anniversary of the commencement date, unless we say otherwise in the schedule.
  2. You will pay each invoice within 30 days of the date on which you receive it. If you do not pay the charges on time, interest will build up on the overdue amount every day from the date it is due until the date it is paid. We will charge interest at 4% a year above the Barclays Bank plc base rate (whether before or after any court judgement).
  3. All amounts payable to us do not include Value Added Tax (VAT) or any other charge which will be charged at the rate that applies at that time.


5. Copyright and confidentiality

  1. All of the intellectual property rights (including copyright and database right) in the reports and the information belong to us or our licensors. You will not own any of the information or have any rights to own the information.
  2. You acknowledge that parts of the information contain (among other things):
  3. crown copyright data reproduced under licence from the controller of HMSO and the Vehicle Inspectorate;
  4. data copyright; and
  5. information provided by Glass Information Services Limited (1997).
  6. You may only use the information for the purposes of your business. Unless required by law, you must:
  7. keep the information strictly confidential;
  8. not publish the information;
  9. not give the information to anyone else;
  10. only give the information to your officers or employees (or both) who need to know or use it (you must make sure that your officers and employees meet these confidentiality conditions); and
  11. not copy, distribute or commercially exploit the information unless these conditions allow you to.
  12. You must not use, or allow others to use, the information to provide credit-reference or moveable (or both) asset enquiry services to anyone else.
  13. You agree and acknowledge that if information supplied by our licensors is made available to you as part of the services, we can give our licensors details of your enquiry, your identity and the charges for the enquiry.


6. Security

  1. You must follow any rules and guidelines that apply to the way in which we provide the services. We will make sure that the information is secure.
  2. You must keep to:
  3. the Consumer Credit Act 1974;
  4. the Data Protection Act 1998 (including the data protection principles);
  5. all re-enactments and amendments to the above Acts; and
  6. any regulations or requirements made by any government authority or equivalent body of competent jurisdiction.
  7. You must make sure you have all the registrations and licences you need.


7. Liability

  1. You agree that you will not make any of your business decisions based just on the information.
  2. You acknowledge that the information represents or is based on information other people give to us and that we cannot control, nor be responsible for, the accuracy of this information.
  3. We use all reasonable skill and care to provide the services. However, you agree that there is no time limit for us carrying out our obligations and that it is reasonable for us to limit our liability. In particular, we:
  4. do not guarantee how accurate or complete the information, or any advice or opinion we give, is;
  5. are not responsible for any loss which you suffer as a result of you relying on services being available; and
  6. are not liable for any loss which you suffer as a result of a claim made by someone who we have information about.
  7. We are not liable to you for any of the following as a result of our negligence or us breaking the contract or other liability or obligation.
  8. Indirect loss
  9. Loss of profits
  10. Loss of business or business use
  11. Our total liability to you in any year for all claims for negligence, breaking the contract, or otherwise relating to the services is limited to the amount we invoice you in the previous year.
  12. As far as we are allowed by law, we do not give any representations, guarantees or conditions that:
  13. the services or the information (or both) are fit for a particular purpose;
  14. the services or information (or both) will not affect anyone else's intellectual property;
  15. the services or information (or both) will meet your requirements; or
  16. the services will be uninterrupted, provided when we say they will, secure or error-free.
  17. Nothing in these conditions excludes our liability for death or personal injury arising out of our negligence.
  18. You will protect us, and keep us fully protected against, any claims or actions made or brought against us as a result of:
    This protection will include all losses, damages, costs and other expenses (including any payments we make to settle any claims or actions on the advice of our lawyers) that we have to pay, and you promise to pay us for any loss, damage, cost or other expense. This protection will not apply if we are at fault.
  19. you making the information inaccurate or incomplete (whether by something you do or something you don't do); or
  20. you using the services.


8. Co-operation and help

At your own cost, you must co-operate with us and give us the information and help we need to perform our obligations in relation to the services.



9. Ending the contract

  1. We may end your entitlement to receive the services by giving you notice in writing if:
  2. you, as a corporate body, go into liquidation, other than where you merge with another company or restructure your company without being insolvent, enter into any arrangement to settle your debts, have an administrator or administrative receiver appointed over your assets, or suffer any similar action because of your debts;
  3. you, as a firm or partnership, are dissolved, become bankrupt, have a receiving order made against you, or enter into composition, arrangement or assignment with your creditors; or
  4. you break any of these conditions and fail to put things right within seven days of us asking you to.
  5. Ending the contract will not affect:
  6. any other rights we gained before the contract ended; or
  7. any part of these conditions that apply even when the contract ended.


10. Events beyond our control

If either of us cannot carry out our obligations because of events beyond our control, any failure or delay will not break these conditions.



11. Insurance

  1. Where we both agree to the 'insurance option', you will be entitled to certain insurance cover in relation to any motor vehicles that we have carried out a gold enquiry for and for which (in our opinion) we have given you enough information. The 'insurance option' is set out in the schedule under which you agree to pay the specific extra charge for each enquiry. This does not affect the conditions under the headings 'Services' and 'Liability'.
  2. As long as you agree and acknowledge that you must always meet your obligations to us under these conditions, we will provide the insurance. This benefit is only available to you in line with the extra conditions of group policy number 01779, issued by Pinnacle Insurance plc. You must give us at least 14 days' notice, in writing, if you want to end the 'insurance option'.


12. Transferring rights

The rights granted by these conditions are personal. You cannot transfer or grant any of these rights to anyone else.



13. Entire agreement, variation and waiver

  1. These conditions are the whole agreement between both of us. They take the place of all previous negotiations, understandings and representations. These conditions may only be changed in writing, and must be signed by both of our authorised representatives (except if either of us agreed these conditions as a result of the other side's fraudulent misrepresentation).
  2. If either of us fails to exercise any right or solution available under these conditions, any failure or delay will not prevent either of us from relying on those rights or solutions in the future.


14. Removing conditions

If a court finds any part of these conditions to be invalid, it will be deleted and the rest of these conditions will stay in full force.



15. Law

These conditions will be governed by English law. We both agree that the courts of England will have the power to settle any disagreement that may arise out of, under, or in connection with these conditions.



16. Notices

  1. All notices must be in writing and sent by first-class post or fax. If we write to you, we will use the address, fax number or e-mail set out in the schedule. You can write to us at the address shown in the schedule if this is the address of our registered office.
  2. All notices are considered to have been received:
  3. 48 hours after being posted if posted to the correct address; or
  4. one hour after being sent if sent by fax within normal working hours.


17. Other internet terms

  1. The following terms apply as well as the conditions in relation to you buying the services on the website.
  2. Any schedules that are not on the website still apply unless we agree otherwise in writing.
  3. As well as the conditions under the heading 'Security', you agree to do the following.
  4. Keep to all the rules we have set in relation to the way we provide the services so that we can make sure the information is kept secure.
  5. Acknowledge and agree that you are responsible for controlling and securing account numbers, identification codes and passwords used to access the on-line or website-based services (known as the 'Client ID'). We will not be liable for any losses (whether direct, indirect or as a result of something else happening) due to your Client ID being used by any authorised or unauthorised people, including unauthorised access to your computers or network, or any information not deleted when these systems are updated or replaced. We may give you a new Client ID at any time. Any new Client ID will normally apply 24 hours after we give you your new Client ID.
  6. You also agree to do the following.
  7. Maintain appropriate technical and organisational security measures and procedures to prevent:
  8. your Client ID and information we have provided being accidentally given to or used by unauthorised people; and
  9. anyone using the Client ID or information (or both) without permission.
  10. You will tell us as soon as you become aware that anyone has found out or used your Client ID without your permission, or if any equipment you use to access the services is stolen.
  11. You must pay any fees and charges for services in connection with your Client ID, whether or not you authorise these fees and charges.
  12. We can cancel your use of the Client ID if:
  13. you break any of your obligations under these conditions; or
  14. we are told, or become aware, of any unauthorised or improper use of your Client ID by you or anyone else, or that any equipment you use to access the services has been stolen.
  15. You agree that if there is any conflict between these conditions and any other terms available on the website at any time (including but not limited to the terms of use), these conditions will apply. This does not affect the general conditions under the heading 'Entire agreement, waiver and variation'.