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General
In these terms and conditions the following expressions shall have the following meanings:-
“we”/ “us”/ “ours” means or refers to MotorSpecs (“MotorSpecs” is a registered business name and registered trademark of Motor Data Ltd.), 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 an MotorSpecs enquiry submitted by you either online at the Website or by email, by telephone or in writing to the MotorSpecs Offices or by SMS to our SMS Services;
“Information” means the information supplied by us relating to a motor vehicle or related information 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 MotorSpecs.co.uk website.
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 Terms & Conditions. A Contract will only come into existence between you and us when we provide to you Information in response to your Enquiry whether by email, online via the website, downloaded from the website, in hardcopy printout or via SMS. We reserve the right for any reason and without explanation to decline to enter into a Contract with you.
The Contract and all Information provided shall be subject to these Terms & Conditions which apply to the exclusion of all other terms, conditions and statements.
When submitting your Enquiry at our Website, via email, phone or in writing, it is your responsibility to complete the request screens at our Website fully and correctly to ensure a prompt response by us. When submitting your Enquiry over the telephone, in writing or via SMS, you must provide us with accurate and complete information to ensure we are able to deal with your Enquiry promptly. It is also your responsibility when using MotorSpecs’ services to notify us if we supply any Information which you know or suspect is incorrect or incomplete.
Website Conditions of Use
Use of the MotorSpecs website and related services delivered outside the website such as phone, written and SMS services is subject to a number of terms & conditions as set out below. If you have any questions on these terms and conditions please do not hesitate to contact us.
Each time you access the website, emailed report, hardcopy report or SMS report you will be deemed to have read and accepted these Terms & Conditions and you accept that you will be bound by them. MotorSpecs reserves the right to alter the Terms & Conditions at any time without notification to you and you are obliged to check if changes have been made to the Terms & Conditions. Your use of this web site, emailed report, hardcopy report or SMS report after changes have been made to the online Terms & Conditions shall constitute acceptance of the revised Terms & Conditions.
If you do not agree to abide by any of these Terms & Conditions you should cease using the MotorSpecs website and any related services such as phone, written and SMS services immediately.
Disclaimer
The MotorSpecs web site is provided “as is” and MotorSpecs gives no warranties, conditions, guarantees or representations, express or implied, that this web site will be available without interruption or that it is error, virus or bug free.
MotorSpecs uses data in its reports supplied by third parties. MotorSpecs does not give any warranty or representation, express or implied, about the accuracy, completeness, merchantability or appropriateness for any particular purpose or non-infringement of any information, materials or graphics on this website. Your use of our services shall be at your own risk, and except as provided for in the contractual terms relating to the provision of its services, MotorSpecs shall not be liable for any direct, indirect or consequential loss or damage arising from your reliance on any information contained on this website, emailed report, written report and SMS report, or your use of this website emailed report, written report and SMS report, or for any typographical or other errors or omissions within the material contained on this website.
Copyright and Other Rights
Except where expressly acknowledged on the website, the contents of the web pages of this website, the content of downloadable MotorSpecs reports and the content of SMS services are © Copyright MotorSpecs 2014, and MotorSpecs is the proprietor of all other intellectual property rights in them.
All MotorSpecs trademarks, names and logos are the proprietary marks of MotorSpecs or its associated companies. Marks identifying third parties are owned or licensed by those third parties or their associated companies.
Except with the express permission of MotorSpecs, you agree that you will not copy, reproduce, redistribute, download, republish, transmit, display, adapt, alter, create derivative works from or otherwise extract or re-utilise any material appearing on this web site.
Linked Sites
MotorSpecs does not control third party websites which our website may provide hypertext links to, and therefore MotorSpecs is not responsible for any content on third party sites linked from our site or which provide a link to our site. The inclusion of links to any third party web sites does not imply any endorsement of the material, information or statements contained on the web site or of the owners or operators thereof.
Charges
You will pay us our charges for the Information and Services provided 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.
Report Advice
You are strongly advised to discuss the findings within the Report with the vendor PRIOR to making any decision to purchase the vehicle. If you have not viewed the vehicle personally, you must satisfy yourself of the vehicle’s cosmetic appearance, specification and suitability for your needs and expectations by viewing and driving the vehicle yourself, prior to making your purchasing decision.
Limitation of Liability
MotorSpecs shall not be liable for any damages whatsoever, and in particular MotorSpecs shall not be liable for any special, indirect, consequential, or incidental damages, or damages for lost profits, business interruption, loss of revenue, or loss of use, arising out of or related to this Site, the Content or the Materials, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if MotorSpecs has been advised of the possibility of such damages.
MotorSpecs cannot, at any time, accept responsibility for any losses, injuries, inconvenience or expenses caused due to any data supplied via our website or appearing on our reports or Force Majeure including but not limited to government action or restraint, war, riot, civil strife, industrial dispute, strikes, terrorist activity, natural or nuclear disaster, fire, flood, delays, weather conditions or the threat of any of these or any other event beyond its control.
No right to Cancel
When making an enquiry at our Website, by telephone or via SMS, you agree that you have no right to cancel the Contract 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. This data is used to protect both those making searches and the owners of vehicles on MotorSpecs’ database. For that reason, you agree and consent to us disclosing relevant information about you (including your name, address and details of your usage of MotorSpecs’ 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.
Furthermore you consent to our use, within our database and reports, of any data about your vehicle or other vehicles which you have submitted to us which we consider to be an important material fact about the vehicle.
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, but you may supply free of charge a printed copy of the Information to any potential purchaser or the seller of a vehicle to which the Information relates (in the course of negotiating the purchase or sale of the vehicle) provided that the Information is in the form supplied by us (without amendment to any of the contents). For the aviodance of doubt MotorSpecs relies on data supplied by third parties and gives no warranty as to the accuracy of this data. MotorSpecs shall not be liable for any damages whatsoever arising out of or related to this Site, the Content or the Materials provided within a report.
Governing Law
The information contained on, and your use of, this website and these Terms & Conditions shall be governed by the laws of England, and you agree to submit to the exclusive jurisdiction of the English Courts in relation to any matter arising under or in connection with your use of this website or its contents.
Report Updates
If we have matched the VRM to the incorrect vehicle specification you may choose a different vehicle specification by clicking the “wrong vehicle?” link. You may change the matched vehicle up to 3 times free of charge. You may update the “Editable details” fields contained in a report free of charge for a period of 31 days after a report has been purchased. All other elements of a report outside of the pre-defined “Editable details” part of the report may not be updated free of charge during the 31 day period.
Refund Policy
Payment in advance must be furnished before you can access a MotorSpecs report. No refund is available if you pay in advance and the MotorSpecs Report is delivered to you by computer screen, email, fax, post or SMS.
If you fail to receive your MotorSpecs report, please call +44 (0)330 331 0150 quoting the reg number of the vehicle you checked. If for any reason we are unable to provide you with your report via computer screen, email, fax, post or SMS within a reasonable time period you may request a refund.
A full refund is available if you pay in advance for a MotorSpecs report and Cancel the service within the terms of our cancellation policy as outlined below.
If you have paid for a MotorSpecs Report in advance, but you wish to cancel your request and provided a MotorSpecs Report has not been successfully generated by our systems and you have not accessed the Report requested, you shall have the right to cancel at any time during the period of 7 Days from the date on which you paid for the MotorSpecs Report in advance. It will be deemed that you have accessed the report if the report if the report was successfully generated by MotorSpecs and a link to the report was sent to you via email or SMS. If a link to the report was not received by you MotorSpecs reserve the right to resend the link to you within office hours having been notified that a link was not received.
To exercise your right to cancel you must e-mail us at cancel@MotorSpecs.co.uk with the subject matter stated as “Cancellation” within the 7 Working Day period as outlined above with your request to cancel the service.
Where a MotorSpecs service has been cancelled in the way described above, there will be no obligation for us to provide you with the MotorSpecs report initially requested and any payment received by us from you in respect of the cancelled MotorSpecs Report shall be refunded to your debit or credit card (whichever card details you provided us with) no later than 30 days after receipt of your request to cancel.
Copyright
All rights, including copyright, in the content of these web pages and all database rights in our database of vehicles, are owned or controlled for these purposes by us.
All trade marks, names, and logos are the proprietary marks of us or of our associated companies. Marks identifying third parties are owned or licensed by those third parties or their associated companies. Nothing in these terms and conditions in any way confers on you any licence or right under any trade marks, names or logos.
Except as expressly permitted by these terms and conditions, you may not copy, reproduce, redistribute, download, republish, transmit, display, adapt, alter, create derivative works from or otherwise extract or re-utilise any of the contents of the Website.
In particular, you must not cache any of the contents for access by third parties nor mirror or frame any of the content of the Website nor incorporate it into another website without our express written permission.
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