AutoCheck Terms And Conditions
Additional Information
AutoCheck provided by Experian - Terms And Conditions
-
Important Information
Application of the Terms and Conditions
These Terms and Conditions relate to your use of the AutoCheck service made available to you at www.autocheck.co.uk ("the Website") and apply to all AutoCheck searches made by you on or after 23rd March 2010 (version number 2.2).
Please read these terms and conditions carefully before using the Website and/or conducting an AutoCheck search. Please also and retain a copy of these terms and conditions for your information.
Please note that the service provided pursuant to this Agreement is personal to you and only you may benefit from the results of any AutoCheck search conducted.
Additionally, you must be over the age of 18 years in order to benefit from the AutoCheck Insurance.
FSA Regulation
AutoCheck is a service brought to you by Experian Limited (company number 00653331) whose registered office is at Landmark House, Experian Way, NG2 Business Park, Nottingham, NG80 1ZZ. VAT registration number 887133593.
Experian Limited is an Appointed Representative of Motorfile Limited (company number 03009493), which is authorised and regulated by the Financial Services Authority ("FSA"). Experian's FSA registration number is 412553. Both Experian Limited and Motorfile Limited are members of the Experian group of companies. References to "we", "us" and "our" in these Terms and Conditions shall be to Experian Limited.
Experian's permitted purpose is that of an insurance intermediary dealing in and arrange a contract of insurance and handling claims on behalf of Pinnacle Insurance plc to support the AutoCheck Insurance.
You can check this information on the FSA's register by visiting the FSA's website: www.fsa.gov.uk/register or by contacting the FSA on 0845 606 1234.
-
Conducting An AutoCheck
Please see our Step By Step Guide on the Website for further details.
After checking the vehicle registration and before proceeding to request an AutoCheck search, you must choose whether you want to purchase a single AutoCheck search or multiple AutoCheck searches and provide us with payment of the appropriate fee (as indicated on the Website) in advance of any search. Once you have submitted a request for an AutoCheck search you may not stop that request.
The results of each AutoCheck search will be delivered to you electronically on your computer screen via the Internet and you will be sent an e-mail to confirm that payment has been taken and/or provide you with confirmation of your search and details of a hyperlink at which you can view your AutoCheck search results ("Confirmation E-mail"). You will be able to view an archived record of your AutoCheck search results for a period of up to 27 months following your search if you click on the section entitled "View My Checks".
If you have chosen the single AutoCheck service and conducted a single AutoCheck search, you may register with Pinnacle Insurance plc the vehicle to which the single AutoCheck search relates. This will entitle you to receive the benefit of the AutoCheck Insurance in respect of the single AutoCheck search conducted in respect of that vehicle, subject to separate terms and conditions relating to the AutoCheck Insurance which are set out on the Website.
If you have opted to make a single AutoCheck search, but you then wish to conduct further searches, you will have to pay for the further searches at the appropriate rate.
If you have opted to make multiple AutoCheck searches, and have paid for the searches, you may conduct up to a total of five (5) AutoCheck searches without paying a further fee, provided such AutoCheck searches are conducted by you within 60 days of confirmation of receipt of payment by us. Once you have conducted your AutoCheck searches, you are entitled to choose one (1) of those vehicles on which you have conducted an AutoCheck search to register with Pinnacle Insurance plc to entitle you to receive the benefit of the AutoCheck Insurance, subject to separate terms and conditions relating to the AutoCheck Insurance.
In order to successfully conduct an AutoCheck search, the vehicle against which you wish to search must be registered in the United Kingdom (including Northern Ireland). For the avoidance of doubt, this does not include vehicles registered in the Channel Islands or the Isle of Man.
-
Price And Payment
Payment for the AutoCheck Service
By accepting these Terms and Conditions, you agree to pay: (a) the fee for a single AutoCheck search, where you have opted to make only one (1) AutoCheck search (the single AutoCheck service); or (b) the fee for multiple AutoCheck searches, where you have opted to make up to five (5) AutoCheck searches (the multiple AutoCheck service).
Payment for the AutoCheck service must be made by credit or debit card in advance. Cash or cheques will not be accepted. On clicking "submit", your request to register with us for an AutoCheck search and report shall be submitted and payment shall be deducted from your debit or credit card.
No AutoCheck search can be conducted until advance payment has been made. Please note that there will be no refund of the fee paid for any multiple AutoCheck where you do not use up your full entitlement within the 60 day period from confirmation of receipt of payment by us.
Payment for the AutoCheck Insurance
You will not have to pay an arrangement fee for the AutoCheck Insurance element of our AutoCheck service, but a premium (and the relevant insurance premium tax) for one policy of AutoCheck Insurance is included in the fee paid for a Single AutoCheck service or Multiple AutoCheck service.
Protecting the Premium for the AutoCheck Insurance
Prior to the premium for the AutoCheck Insurance being forward to Pinnacle Insurance plc, for your protection, we hold the premium as an agent of Pinnacle Insurance plc, so that your AutoCheck Insurance policy is treated as being paid for. We reserve the right to retain any interest earned on such premiums held. By accepting these Terms and Conditions, you agree and give us consent to operate in this way
-
Use Of Information
All information delivered to you (whether on a computer screen, in e-mail, or paper format) as part of any AutoCheck search ("the Information") shall at all times belong to us or our licensors.
For your own personal non-commercial use, you may display the Information on a computer screen, print individual pages onto paper (but not photocopy them) and store such Information in an electronic format (but not on any server or other storage device connected to a network). For the avoidance of doubt, you shall not: (a) reproduce, modify, or distribute the Information, (b) create a database from the Information, (c) otherwise commercially exploit any of the Information, and/or (d) sell, transfer, deal in or otherwise make available either the ability to conduct a search or any Information to any third party, or use the Information for any third party. You must immediately notify us of any breach of this obligation.
-
Cancellation, Queries, Complaints, and the Financial Services Compensation Scheme
Cancellation of this Agreement
When you submit an AutoCheck search request to us, you agree that we can immediately begin the AutoCheck service by processing your AutoCheck search and report. This means that YOU DO NOT HAVE A RIGHT TO CANCEL THIS AGREEMENT either pursuant to the Consumer Protection (Distance Selling) Regulations 2000 or pursuant to the terms and conditions of this Agreement.
Cancellation of the AutoCheck Insurance
You may cancel the AutoCheck Insurance cover within the first 14 days. However, in view of the small amount of premium and the immediate incidence of risk under this policy, no refund is payable.
Queries
If you are having problems viewing your AutoCheck report or if you consider that some of the Information contained in the results of your AutoCheck search may be incorrect, please contact us immediately and we shall (where possible) rectify the issue as soon as reasonably practicable at our own cost. Please note, that in this instance your sole and exclusive remedy shall be to obtain replacement Information.
Complaints
If you wish to make a complaint regarding either your AutoCheck report or the AutoCheck service, please write to Experian Limited, Landmark House, Experian Way, NG2 Business Park, Nottingham, NG80 1ZZ.
If your complaint relates to the AutoCheck Insurance provider Pinnacle Insurance plc, you may refer the matter to the AutoCheck Claims Department, Landmark House, Experian Way, NG2 Business Park, Nottingham, NG80 1ZZ. Alternatively, you may contact Pinnacle Insurance plc directly by writing to the Customer Relations Manager, Pinnacle Insurance plc, Pinnacle House, A1 Barnet Way, Borehamwood, Hertfordshire WD6 2XX.
If you are unable to settle your complaint to your reasonable satisfaction through the means stated above, you may refer the matter to the Financial Ombudsman Service at South Quay Plaza, 183 Marsh Wall, London, E14 9SR or by telephone on 0845 080 1800. Further information is available at www.financial-ombudsman.org.uk.
Financial Services Compensation Scheme
We are covered by the Financial Services Compensation Scheme. You may be entitled to compensation from the scheme if we cannot meet our obligations. This depends on the type of business and the circumstances of the claim. Non compulsory insurance is covered for 90% of the claim, with no upper limit. Further information about the compensation scheme arrangements is available from the Financial Services Compensation Scheme website at www.fscs.org.uk or telephone 0207 892 7300.
-
Warranties And Disclaimers
Whilst we shall use all reasonable skill and care in the supply of the Information to you, we do not warrant that any Information we supply you shall be error free.
Whilst all reasonable skill and care has been taken by Experian in procuring and sourcing Information which is provided to you as part of the AutoCheck service this Information has been supplied to us by third parties, and Experian therefore cannot warrant that (nor can it be held responsible for ensuring that) any of the Information provided to you as part of the AutoCheck service is correct, accurate or complete.
The AutoCheck service does not deal with or comment on (a) the physical condition of any vehicle, (b) the roadworthiness or safety of any vehicle, (c) whether the vehicle has been 'written off', unless it was written off by an insurance company, (d) whether any vehicle is a "clone" bearing a false vehicle registration mark and vehicle identification number, or whether any vehicle was originally purchased and/or imported from another European Union country other than the UK. Accordingly, you will have to satisfy yourself in respect of these aspects of any vehicle(s) you intend to or in fact purchase.
All you need to do to take advantage of the AutoCheck Insurance is to register with Pinnacle Insurance Plc your chosen vehicle (see section 7 below for further details) on which you have conducted an AutoCheck search. There is no additional cost to you for registering for this AutoCheck Insurance. Subject to the AutoCheck Insurance terms and conditions, by registering for the AutoCheck Insurance you are covered in respect of your chosen vehicle (see section 7 below for further details) by the AutoCheck Insurance policy. Apart from any entitlement you may have to compensation under the AutoCheck Insurance, our liability to you shall be limited to the price you paid for the AutoCheck service. That said, nothing in these Terms and Conditions shall limit or exclude our liability to you for death or personal injury resulting from our negligence or breach of statutory duty, or that of our employees, servants or agents.
We shall not provide you with (and you shall not receive) any advice or recommendation from us in relation to the AutoCheck Insurance or any other insurance product.
We shall not be liable for any loss or damage suffered by you which is or was not reasonably foreseeable arising out of your use of the Information.
We shall not be liable to you for events beyond our reasonable control.
All other warranties, conditions, and representations (other than fraudulent misrepresentations) whether express or implied shall be excluded (to the extent that we are legally permitted to do so).
-
AutoCheck Insurance
Who is the Insurer
The AutoCheck Insurance provided with the AutoCheck service is underwritten by Pinnacle Insurance plc. We act for and on behalf of this underwriter in providing the AutoCheck Insurance to you.
How to register the AutoCheck Insurance
Each time you pay for an AutoCheck service (whether this is the single or the multiple AutoCheck service) and subsequently conduct one or more AutoCheck searches as appropriate to your chosen AutoCheck service, you shall be entitled to register one (1) vehicle with Pinnacle Insurance plc for AutoCheck Insurance.
For example: if you purchase the multiple AutoCheck service enabling you to search our databases in respect of up to five (5) vehicles, you shall be entitled to register one of those vehicles (namely the one you buy) with Pinnacle Insurance plc.
Provided that you register your chosen vehicle with Pinnacle Insurance plc (and subject always to the AutoCheck Insurance terms and conditions), if you believe or discover that specific information or data provided to you as part of any AutoCheck search is incorrect, inaccurate or incomplete, then you may be entitled to make a claim under the AutoCheck Insurance. Please see the AutoCheck Insurance terms and conditions for further details.
Your Duty of Disclosure
The AutoCheck Insurance provided to you is based on the information you provided to us. You must ensure that any information you provide us is complete and accurate, and that you disclose any facts that may influence Pinnacle Insurance plc's decision to accept and pay a valid claim should a claim arise. Failure to disclose material information may invalidate your AutoCheck Insurance cover and could result in the claim not being paid.
AutoCheck Insurance is not car Insurance
For the avoidance of doubt, AutoCheck Insurance only provides cover in relation to the specific data provided to you as part of an AutoCheck report. Neither Experian nor Pinnacle Insurance plc provides insurance in relation to any vehicle, its use and/or the driver as part of this AutoCheck service or the AutoCheck Insurance. You will need to make your own arrangements to ensure that it is safe and legal for you to drive any vehicle you purchase as a result of conducting an AutoCheck search.
Making an AutoCheck Insurance Claim
If you wish to make a claim you can obtain a claim form by writing to AutoCheck Claims Department, Landmark House, Experian Way, NG2 Business Park, Nottingham, NG80 1ZZ or telephone 0870 333 8030.
-
General
All personal data about you will be treated in accordance with our Privacy Policy. Please read our Privacy Policy which is available on the Website.
No third party may use or rely on any Information provided to you as a result of or pursuant to you conducting an AutoCheck search.
To accommodate for changes to the data that we receive from our suppliers, we shall be entitled without giving notice to change the data available as part of the Services, or remove certain types of data from the Services.
A person who is not a party to these Terms and Conditions has no right to enforce any term under them.
You may not assign, novate or otherwise transfer all or any of the rights granted to you under these Terms and Conditions.
These Terms and Conditions form the entire agreement between us.
These Terms and Conditions are governed by English law. In the event of a dispute arising between us, these Terms and Conditions shall be subject to the exclusive jurisdiction of the English courts, unless you reside in Scotland, Wales or Northern Ireland, in which case an action may be brought by you in the courts of the country in which you reside.
