Vehicle Check is a product which allows Advertisers to run vehicle history checks for vehicles they are looking to buy or take in part-exchange, and provides a vehicle check summary on the full-page advert of vehicles advertised on Auto Trader’s platforms.
Vehicle Check is provided subject to the Main Advertising Terms & Conditions which are incorporated into these Rules by reference.
Terms defined in the Main Advertising Terms & Conditions shall have the same meaning in these Rules provided that, should a term be defined in both the Main Advertising Terms & Conditions and these Rules, the meaning of the term defined in these Rules shall have precedence in relation to the Rules.
- "Vehicle Check" means the Auto Trader vehicle history check product which enables Advertisers to carry out vehicle history checks on Permitted Vehicles, receive reports and summaries from such checks and have a summary of such report included as part of the full-page advert for any Permitted Vehicle advertised on Auto Trader’s platforms.
- "Business Site" means a single geographical site from which the Advertiser carries out its vehicle sourcing/selling commercial business, where such site has its own registered ‘Dealer ID’ number in respect of the Advertiser’s access to Auto Trader’s products and services, and the Advertiser has specifically paid for and registered such ‘Dealer ID’ number with Auto Trader to receive Vehicle Check.
- "Check" means the vehicle history check which is carried out on a Permitted Vehicle in the course of using Vehicle Check.
- "Check Results" means the reports and summaries received and/or displayed as a result of a Check being carried out.
- "Experian" means Experian Limited (registered company number 653331).
- "Legitimate Business Purposes" means the purposes of an Advertiser carrying out, for commercial purposes in respect of its own Business Site, legally required due diligence into a Permitted Vehicle’s provenance which is:
- in accordance with lawful established practices in the vehicle sourcing and selling industries and consistent with the conduct which would be reasonably expected of a reputable and creditable vehicle dealer; and
- carried out in an honest manner, with the genuine intention of ascertaining a Permitted Vehicle’s provenance for commercial purposes, as further detailed at paragraph 2.3, below.
- "Permitted Vehicle" means any car or van with a VRM which is registered with the DVLA, which an Advertiser (i) is looking to source for commercial purposes for its own Business Site, or (ii) has sourced for commercial purposes for its own Business Site and is currently in possession of such car or van with the aim of selling such car or van to a third party.
- "VRM" means a vehicle registration mark.
- Fair Usage:
- Vehicle Check is intended to be an unlimited offering for Advertisers who are using Vehicle Check for Legitimate Business Purposes. This section of these Rules explains the Advertiser’s usage obligations in respect of Vehicle Check and what Auto Trader considers to be Legitimate Business Purposes, how to avoid breaching these obligations and what will happen if an Advertiser’s usage breaches these obligations and falls outside this fair usage policy.
- Vehicle Check is available only in respect of Permitted Vehicles which are being checked by an Advertiser for its Business Site. An Advertiser may use Vehicle Check in respect of Permitted Vehicles which are being checked for more than one Business Site (for example, in cases of Advertisers who have a centralised buying function for more than one location), provided that all such additional Business Sites have their own registered ‘Dealer ID’ numbers in respect of the Advertiser’s access to Auto Trader’s products and services, and the Advertiser has specifically paid for and registered such ‘Dealer ID’ numbers to receive Vehicle Check.
- Vehicle Check shall be used by Advertisers for Legitimate Business Purposes only. Auto Trader shall determine, at its sole discretion but acting reasonably, whether an Advertiser’s usage of Vehicle Check constitutes use for Legitimate Business Purposes. Examples of behaviour which shall not be deemed Legitimate Business Purposes, and which shall constitute a breach of these Rules, include, but are not limited to:
- using Vehicle Check for any vehicles which are not Permitted Vehicles;
- using Vehicle Check for the benefit of any third party other than the Advertiser;
- using Vehicle Check in respect of any site other than the Business Site (i.e. any site which does not have a registered ‘Dealer ID’ number with Auto Trader which has been registered with Auto Trader to receive Vehicle Check), subject to paragraph 2.2 above; and/or
- excessive refreshing of the Check Results, which shall include (i) refreshing such Check Results where there is no reasonable expectation that the underlying data will have updated or changed, and (ii) refreshing the Check Results with the sole objective of updating the time stamp of such results which is featured on the Advertiser’s advert for the Permitted Vehicle in question.
- Auto Trader will monitor Advertisers’ usage of Vehicle Check to ensure compliance with this paragraph 2 (and these Rules generally).
- Without prejudice to any rights and remedies available to Auto Trader for a breach of these Rules and/or the Main Advertising Terms and Conditions, in the event that Auto Trader, acting reasonably, considers that an Advertiser is in breach of this paragraph 2:
- it shall contact the Advertiser to understand the context of the Advertiser’s usage and to establish whether there is any satisfactory justification for such breach; and
- if Auto Trader deems there to be no satisfactory justification for such breach of this paragraph 2 having contacted the Advertiser, Auto Trader reserves the right to (i) offer the Advertiser a bespoke Vehicle Check pricing model for future usage, which may involve the Advertiser being charged for individual vehicle history checks in future, or (ii) remove access to Vehicle Check for such Advertiser.
- In the event that Auto Trader removes access to Vehicle Check for any such Advertiser pursuant to paragraph 2.6 above, Auto Trader shall no longer charge the Advertiser for Vehicle Check, effective from the date that access is removed.
- Vehicle Check and Advertiser Obligations:
- A summary of the Check Results provided by Vehicle Check in respect of any Permitted Vehicle will be displayed on the full-page advert for such Permitted Vehicle at the point it is advertised on Auto Trader’s platforms. Advertisers must not act in any manner so as to prevent such summary from being displayed on a Permitted Vehicle’s full-page advert.
- Advertisers acknowledge that the misuse of Vehicle Check can impact upon the provision of Vehicle Check by Auto Trader and the use of Vehicle Check by other Advertisers. Accordingly, Auto Trader requires Advertisers to comply with certain obligations and conditions when using Vehicle Check. Therefore, in connection with the use of Vehicle Check, Advertisers shall not:
- attempt to disguise the identity of any vehicle upon which a Check is being performed (such as using a VRM belonging to another vehicle or a vehicle identification number (VIN) for a similar model);
- remove a VRM to prevent a Check from being carried out or prevent Check Results from being displayed;
- re-sell the Check Results (including any underlying data) or the ability to perform Checks to any third party;
- using Vehicle Check and/or the Check Results (including any underlying data) of any Check for any other purpose other than Legitimate Business Purposes;
- market or distribute the Check Results (including any underlying data) and/or the fact that a Check has been performed to any third party other than the intended purchaser of a Permitted Vehicle, and then only within standard advertising processes for the vehicle for sale (for example, in the context of adverts on the Advertiser’s own website);
- promote or otherwise refer to the Check Results (including any underlying data) and/or the fact that a Check has been performed on Auto Trader’s platforms (whether within advert text or images or on the Advertiser’s profile page);
- represent or otherwise imply to any prospective purchaser of a Permitted Vehicle or any other third party that (i) the purchase of a Permitted Vehicle is free of risk due to the Check having been carried out or (ii) they are able to legally rely on or benefit from the Check Results or the data guarantee offered by Experian (as further detailed below);
- represent or otherwise imply to any prospective purchaser of a Permitted Vehicle or any other third party that Auto Trader and/or Experian assumes any responsibility or liability in connection with the purchase of a Permitted Vehicle in respect of which a Check has been carried out; or
- in any way automate Checks via Auto Trader’s platforms, such as using scripts or any other mechanism to bulk check VRMs.
- Advertisers must use the correct VRM for the Permitted Vehicle when requesting a Check through Vehicle Check.
- Advertisers should not store or share Check Results using the url for the Check Results (for example, as a substitute for locally saving Check Results), as Auto Trader may amend such urls from time to time without notifying Advertisers.
- The data provided by Experian which populates the Check Results updates once every 24 hours. Therefore, Check Results will not update to accommodate any underlying data changes until after 4:00 of the day following the related Check. Advertisers should not seek to refresh Check Results within this timescale.
- Availability & Liability:
- Auto Trader does not warrant that the use of Vehicle Check will be uninterrupted or error-free. The Advertiser acknowledges that Auto Trader cannot guarantee that Vehicle Check and/or the Auto Trader Platforms will be continuously available. For the avoidance of doubt, Auto Trader shall have no liability, and no refunds or credits shall be offered, to any Advertiser (including in respect of where alternative services have been sourced by Advertisers from a third party) in respect of interruptions to Vehicle Check and/or the Auto Trader Platforms arising as a result of maintenance and/or repair work and/or due to circumstances outside of Auto Trader’s reasonable control.
- Vehicle Check is provided to Advertisers on an ‘as is’ basis and Advertisers acknowledge that Auto Trader has procured technical support for Vehicle Check during the hours of 8:00-18:00 Monday to Friday (excluding bank holidays in England and Wales).
- Vehicle Check and Auto Trader’s services generally are not intended to be used as the sole basis for any business decision, nor to relieve the Advertiser of its obligation to comply with its own obligations under applicable law. Check Results are based upon data which is provided by third parties, the accuracy and/or completeness of which it would not be possible and/or economically viable for Auto Trader to guarantee. Auto Trader shall not have any liability for any inaccuracy, incompleteness or other error in the Check Results which arises as a result of (i) data provided to Auto Trader by any third party, or (ii) any failure of Vehicle Check to achieve any particular result for the Advertiser.
- Without prejudice to the generality of the foregoing or the limitations of liability set out in the Main Advertising Terms and Conditions which also apply to these Rules, the Advertiser assumes sole responsibility for any action taken as a result of Check Results obtained from the use of Vehicle Check, and for conclusions drawn from such use. Auto Trader shall have no liability for any damage caused by errors or omissions in any information provided to the Auto Trader by the Advertiser in connection with Vehicle Check.
- Queries and complaints:
- If an Advertiser has any queries or complaints around the contents of any Check Results, it should contact Experian on 0344 381 1400 and Experian will assist the Advertiser accordingly (calls are charged at the standard landline rate). If the Check Results have provided contact details for the data source (such as outstanding finance records) Advertisers can also contact the source directly using the data provided in the Check Results to see if the query or complaint can be resolved. If an Advertiser’s query is regarding the MOT data, this is managed by Auto Trader so Advertisers should contact Auto Trader Product Support (or alternatively can use the DVSA service directly at https://www.check-mot.service.gov.uk/).
- Advertisers shall allow Auto Trader and Experian (as applicable) reasonable time to investigate issues directed to them relating to Vehicle Check, understanding that both parties rely on third parties (such as the DVLA, MIAFTR and UK lenders) to provide information to assist with Advertiser queries.
- In the event of a breach of these Rules by any Advertiser, such breach shall be deemed a breach of the Main Advertising Terms and Conditions and Auto Trader be entitled to such rights and remedies available to it thereunder.
- Auto Trader may modify these Rules from time to time and Advertisers should therefore ensure that they review these regularly when using Vehicle Check.
- The Charges payable by Advertisers for Vehicle Check are set out in an Order Confirmation and/or Order Variation or as otherwise specified by Auto Trader.
- Advertisers may cancel Vehicle Check from their Package by providing 30 days’ notice in accordance with the Main Advertising Terms and Conditions.
- Experian and the Data Guarantee:
- Experian has entered into a partnership with Auto Trader to provide the underlying data which populates the Check Results generated by Vehicle Check. As part of this partnership, Experian shall provide a data guarantee to Advertisers in respect of Permitted Vehicles subject to and in accordance with the Experian Vehicle Data Service Customer Terms and Conditions (“Experian Terms”) set out below. It is a condition of the provision of the data guarantee by Experian that Advertisers agree to and accept the Experian Terms. Advertisers should therefore read the Experian Terms carefully, as by using Vehicle Check, Advertisers are accepting the Experian Terms and entering into a binding legal contract with Experian directly on the terms of the Experian Terms.
- The data guarantee is provided directly by Experian (not Auto Trader) to Advertisers on the terms of the Experian Terms. Any enforcement of such data guarantee by an Advertiser must be undertaken directly against Experian on the basis of the Experian Terms. It is a minimum requirement of Experian that the data guarantee is only available to an Advertiser in respect of a Check which was carried out by such Advertiser prior to the purchase of a Permitted Vehicle to which such data guarantee is intended to cover. Please see the Experian Terms below for further details.
- To enable Experian to verify any Advertiser claims in respect of the data guarantee referred to above, Auto Trader is required to disclose to Experian relevant information confirming the relevant Advertiser’s identity for the purposes of such verification. On the basis that an Advertiser will benefit from such disclosure of relevant information, and to enable Auto Trader to comply with these Rules and ensure any data guarantee claim is properly verified, Auto Trader will disclose such relevant information to Experian upon request for the purpose of verification of any Advertiser claims in respect of the data guarantee only, and Auto Trader shall procure that Experian complies with all applicable law in respect of the processing and storage of such information. If any Advertiser does not wish such relevant information to be disclosed for such purposes it should contact its relevant Auto Trader Account Manager.
- The data guarantee referred to above expressly excludes any claims in respect of Supplemental Data as defined in the Experian Terms below. This means that the data guarantee does not apply to data contained within the Check Results which is not originally sourced by Experian.
Experian Vehicle Data Service Customer Terms and Conditions
Some words and phrases used in these conditions have special meanings. These meanings are set out below.
“Agreement” means these Conditions including any Schedules and Appendixes that accompany the Conditions and the Application Form (if any).
“Application Form” means, if applicable, the application form you completed on the Website to apply for the Services.
“Client Data” means data and information owned by you and provided to us in connection with the Services.
“Commencement Date” means the date on which you first use the Services, unless agreed otherwise in writing between us.
"Conditions” means these terms and conditions.
“Data Guarantee” means the guarantee provided to you by us in accordance with Clause 8 of these Conditions in relation to Losses incurred by you as a result of Data Issues in the Information.
“Data Issue” means any inaccuracy in the Information as specified in Clause 8(e) of these Terms and Conditions.
“Export” means where DVLA records show that a vehicle had been exported outside the United Kingdom (including to another European Union country) at the time the Service was provided.
“Import” means a vehicle has been used outside of the European Union before its first registration with the DVLA.
“Information” means all data, information, reports and other materials of whatever nature provided to you or used by us as part of or in connection with the Services.
“Integrator” means Auto Trader Limited (ATL) through whom, you access the Services.
“Limit of Protection” has the meaning set out in Clause 8(e) of these Conditions.
“Losses” has the meaning set out in Clause 8(e) of these Conditions.
“Market Value” means the average trade value for a vehicle of the same type, age and mileage in average condition calculated in accordance with Glass’s Car Trade Guide (published by Glass’s Information Services Limited) at the date the claim is notified to us.
“Services” means our automotive data services (also referred to as “Experian Vehicle Data Service(s)” which are made available to You via the Website as follows (and which does not include the Supplemental Data):
Vehicle registration details – comprising of make, model, colour and other high level registration information, collated from the Driver & Vehicle Licensing Agency (DVLA), the Society of Motor Manufacturers & Traders (SMMT) and the Motorcycle Industry Association (MCIA).
Finance markers – comprising of secured finance details as recorded with Experian.
High Risk markers – as recorded by motor retailers and vehicle lenders, in relation to an interest in a given vehicle.
Import, export or scrapped marker – as recorded with the DVLA.
Mileage history – based on a collation of mileage information, sourced from the DVLA, National Association of Motor Auctions (NAMA), Retail Motor Industry Federation (RMIF), Epyx and other providers to Experian.
Stolen markers - as recorded by the Police National Computer (PNC)
Insurance total loss markers (write off) – as recorded by Motor Insurers Bureau (MIB) members on the centralised Motor Insurance Anti-Fraud & Theft Register (MIAFTR)
No. of previous keepers – as recorded by the DVLA.
Cherished plate transfers – as recorded by the DVLA.
Previous colour changes – as recorded by the DVLA.
Search history – based on known searches of a given vehicle, through Experian’s own products or services.
“Specification” means the description of the Services as set out on the Website.
“Supplemental Data” means any third party data that is made available to You by the Integrator alongside the Services that is not part of the Services and is not provided to the Integrator by Us.
“We”, “Us” or “Our” means Experian Limited (registered number 653331). Our registered office is at The Sir John Peace Building, Experian Way, NG2 Business Park, Nottingham NG80 1ZZ.
“You”, “the Client” means the person, firm or company to whom we have agreed to provide the Services. The headings used in these Conditions are for convenience only.
- The Services
- We shall provide the Services to you using reasonable care and skill and in all material respects in accordance with the Specification.
- Your use of the Services is at all times subject to this Agreement.
- The Services are brought to You by us (through the Integrator) but You agree that (provided that we remain responsible for the actions of our sub-contractors) we may sub-contract the Services or any element of the Services, and you acknowledge that the Integrator may request the Services on Your behalf.
We can at any time vary the nature of the Services or stop providing the Services or any part of the Services, due to circumstances beyond Our reasonable control. All amendments or variations to this Agreement (including the Charges) shall be published via the Website and all amendments or variations shall apply to the provision of Services after the date on which such amendments or variations are published.
This Agreement shall commence on the Commencement Date and continue until terminated in accordance with this Agreement. The terms of this Agreement shall apply to all Services provided by Experian to You via the Website.
Provided you pay the amount due to the Integrator for use of their services (which will comprise payment for the Services), we will not invoice you directly for the Services and will not take any action to recover any amounts from you.
- Each party warrants that it has the full power and authority to enter into this Agreement.
- All intellectual property rights in any Client Data provided to us by You under this Agreement will remain vested in the You.
- You grant Experian a perpetual, royalty free, non-exclusive, non-transferable licence to use (and copy) the Client Data in order to perform the Services and for other agreed purposes and in order for us to comply with any requests made to us under statute. All of the intellectual property rights (including copyright and database right) in the Information we provide to you in connection with the Services belongs to us or our licensors. You will not own any of the Information or have any rights to own the information.
- You acknowledge that parts of the Information contain (among other things):
- crown copyright data reproduced under licence from the controller of HMSO and the Vehicle Inspectorate; and
- proprietary data belonging to our licensors.
- You may only use the Information for the internal business purposes of your business and no other purpose.
- You shall not:
- sell, deal, transfer, or otherwise make available any of the Services to any third party or use the Services for the benefit of any third party;
- reproduce, publish, distribute, sell, deal, transfer or otherwise make available any of the Information to any third party or use the Information for the benefit of any third party;
- adapt, alter, modify or otherwise interfere with the Services and/or the Information;
- create a database from the Information;
- otherwise commercially exploit any of the Information;
- copy interfere with or use in any unauthorised way, any digital certificate, web certificate or any other security device provided by us for use in connection with the Services;
- remove or suppress any copyright notice or other proprietary markings contained within the Services or Information.
- You shall comply with our reasonable written instructions and directions in relation to the use of the Services (including in relation to information security). 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 paid in respect of an enquiry. The rights granted by these conditions are personal to you. You cannot transfer or grant any of these rights to anyone else.
- You acknowledge that the Services may contain public sector information licensed under the Open Government Licence v2.0 https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3 (“Open Government Data”).
- To the extent that you receive Open Government Data, you agree that Experian shall not be liable for any loss you incur (and shall not be in breach of this Agreement) as a result of any act or omission of the provider of the Open Government Data (including any act or omission which renders the Open Government Data inaccurate, any failure or delay in delivery of the Open Government Data by its provider, any inability to access the system from which Open Government Data is supplied and/or any non-availability of such system).
- Each party agrees that in connection with the provision or use of the Services (as appropriate), it will at all times comply with all applicable legislation, regulations, and other rules having equivalent force.
- Each party shall, in respect of the Confidential Information for which it is the recipient:
- keep the Confidential Information strictly confidential and not use or disclose to any person any part of such Confidential Information except as required for the performance of the recipient's obligations under this Agreement;
- take all reasonable steps to prevent unauthorised access to the Confidential Information;
- Each party may disclose Confidential Information where it is required to do so by law or by a court or governmental body with competent jurisdiction and the following provided that it shall procure that any party to whom it discloses Confidential Information shall observe the restrictions in this Clause 6:
- employees and officers of the recipient who require it for the recipient to perform its obligations under this Agreement;
- the recipient's auditors and professional advisors solely for the purposes of providing professional advice;
- if we are the recipient, agents and sub-contractors of Experian involved in performing our obligations under this Agreement, and Experian group companies;
- if we are the recipient the Information Commissioner's Office pursuant to any requirement to do so (whether legally binding or otherwise), and any person as permitted by any statutory provision.
- We may disclose information in accordance with Clause 5i.
- You acknowledge that and agree that, without terminating or limiting Your obligations to Us relating to any other part of the Services, We may shall be entitled to suspend, cancel or decline to provide any Services to the extent that in our reasonable opinion, to provide the Services would be
- in breach of any statutory provisions, regulations or codes of practice; or
- not desirable or practicable by reason of any political, regulatory or public pressures; or
- beyond Your entitlement to receive any Information which would otherwise be received as part of the Services.
- You understand and accept that the Services and Information may be based upon and comprise data provided to us by third parties or which is otherwise publicly available. Accordingly, we give no warranty about the accuracy or fitness for any particular purpose of the Services and/or Information and/or any advice or opinion we give. We do however provide the Data Guarantee to you on the terms set out in Clause 8 below.
- You acknowledge and agree that the Services are not intended to be used as the sole basis for any business decision, and that we give no warranty as to the availability of the Services.
- The warranties expressly set out in this Agreement are the only warranties we give to you in respect of the subject matter of this Agreement. All warranties, representations or terms of equivalent effect which might be implied into this Agreement by law are excluded to the fullest extent permitted by law.
- Other than any Losses you are entitled to recover from us under the Data Guarantee, our total liability to you in any year for all claims (whether in contract, negligence, for breach of statutory duty or under any indemnity or otherwise) relating to the Services and/or the Information is limited to the sum of £500.00.
- We shall not be liable (whether in contract, negligence, for breach of statutory duty or under any indemnity or otherwise) for:
- any indirect or consequential loss.
- the following types of financial loss; loss of profits; loss of earnings; loss of business or goodwill; business interruption; even if Experian had notice of the possibility of the Client incurring such losses.
- the following types of anticipated or incidental losses; loss of anticipated savings; increase in bad debt; loss of sales or revenue; failure to reduce bad debt; reduction in the value of an asset; even If we had notice of the possibility of the you incurring such losses.
- any losses that are incurred by You in connection with the use or provision of any Supplemental Data
- We do not exclude or limit our liability to you:
- for breach of Experian's obligations arising under section 12 Sale of Goods Act 1979 or section 2 Supply of Goods and Services Act 1982;
- for personal injury or death resulting from Experian's negligence or that of its employees, agents and/or sub-contractors;
- under section 2(3) Consumer Protection Act 1987; • for any matter which it would be illegal for us to exclude and/or limit, or attempt to exclude and/or limit, its liability; or
- for our fraud or fraudulent misrepresentation,
and nothing in this Agreement shall be construed as excluding or limiting such liability.
- We shall provide the Data Guarantee to you cover Losses you suffer up to the Limit of Protection for a period of 12 months from the date on which the Service was provided. For the avoidance of doubt, the Data Guarantee only provides coverage against Losses in relation to Data Issues in the Information provided to you in the Services and no other losses. The Data Guarantee does not apply to Supplemental Data.
- We shall only be liable for Losses arising from Data Issues in the Information relating to the provenance of a particular vehicle as part of the Services and shall not be liable for any Losses arising from a vehicle's physical condition, value or valuation, specification, fuel consumption or dimensions except as otherwise provided for in these Conditions.
- You warrant and represent to us that any information provided to us:
- in the course of the Services; and/or
- when making a claim under the Data Guarantee,
is accurate and complete.
- You shall immediately disclose to us any fact which we would expect to have notice of in accepting, assessing or paying a claim under the Data Guarantee.
- The losses which the Data Guarantee provides coverage against (“Losses”) are set out below:
Data Issue Losses Limit of Protection 1 At the time the Experian Vehicle Data Service was performed, the vehicle was subject to a finance agreement which was not shown in the results of the Experian Vehicle Data Service If you are unable to obtain good title to the vehicle as a result of the finance agreement not shown in the results of the Experian Vehicle Data Service, we shall make payment (up to the Limit of Protection) to the relevant lender under such finance agreement to enable you to obtain full title to the vehicle. The lower of (i) the Market Value of the vehicle at the time the claim is made under the Data Guarantee; or (ii) £10,000 2 At the time the Experian Vehicle Data Service was performed, the vehicle was recorded as a Category A or B insurance write-off by an insurer, but this was not shown (or not shown correctly) in the results of the Experian Vehicle Data Service. Up to the Limit of Protection, we will pay to you an amount equal to the purchase price paid by you for the vehicle (less any scrap value you have received). The lower of (i) the Market Value of the vehicle at the time the claim is made under the Data Guarantee; or (ii) £10,000. 3 The vehicle was reported stolen prior to the Experian Vehicle Data Service being performed, however, the results of the Experian Vehicle Data Service did not show a stolen vehicle marker. Up to the Limit of Protection, we will pay to you an amount equal to the purchase price paid by you for the vehicle. The lower of (i) the Market Value of the vehicle at the time the claim is made under the Data Guarantee; or (ii) £10,000. 4 At the time the Experian Vehicle Data Service was performed, the vehicle was recorded as an insurance write-off by an insurer (other than a Category A or B write-off) but this was not shown (or not shown correctly) in the results of the Experian Vehicle Data Service. Up to the Limit of Protection, we will pay to you an amount equal to either:
- (1) the reduction in the Market Value of the vehicle as it result of it being recorded as an insurance write-off (where you retain the vehicle); or
- (2) if you have sold on the vehicle:
- (where you have re-purchased the vehicle after the Data Issue came to light and subsequently sold it on to a third party), the difference between the price received for the vehicle when you originally sold it and the price received when the vehicle was subsequently re-sold after the Data Issue came to light; or
- (where the third party who purchased the vehicle from you chooses to keep the vehicle and to receive compensation from you), the amount of compensation agreed with and paid to the purchaser of the vehicle.
The lower of (i) 50% the Market Value of the vehicle at the time the claim is made under the Data Guarantee; or (ii) £5,000. 5 At the time the Experian Vehicle Data Service was performed, the vehicle was an Export or Import but this was not shown in the results of the Experian Vehicle Data Service. Up to the Limit of Protection, we will pay to you an amount equal to the reduction in the Market Value of the vehicle as a result of the missing or incomplete import or export marker coming to light, as calculated on the day the claim is made. The lower of 10% the Market Value of the vehicle at the time the claim is made under the Data Guarantee or £1,000. 6 The number of registered keepers shown in the results of the Experian Vehicle Data Service is lower than the number of registered keepers recorded with the DVLA up to the date on which the Experian Vehicle Data Service was performed. No evidence of actual financial loss required. We will pay out the Limit of Protection where this Data Issue arises. £250 7 The results of the Experian Vehicle Data Service specify a colour which is different to colour recorded with DVLA for the vehicle. No evidence of actual financial loss required. We will pay out the Limit of Protection where this Data Issue arises. £50 8 The mileage shown in the results of the Experian Vehicle Data Service is different to a previous higher reading recorded in any other mileage database and the mileage record provided by you to us for the vehicle shows that the previous higher reading was correct. No evidence of actual financial loss required. We will pay out the Limit of Protection where this Data Issue arises. £250
- We shall only be liable to make payments to you under the Data Guarantee if the following conditions are met:
- You are a sole trader, partnership or body corporate (but not an individual in their own capacity) who has utilised the Experian Vehicle Data Service (via the Integrator) and subsequently purchased the vehicle to which the Experian Vehicle Data Service related;
- You have acted with professional diligence in making the vehicle purchase, to be determined solely by us (acting reasonably). We will take into account all relevant information in deciding whether the purchase was carried out with professional diligence. We may regard any of the following non exhaustive circumstances as indicative that you failed to act with professional diligence:
- the purchase was made with prior knowledge of the circumstances giving rise, or contributing to, the claim under the Data Guarantee;
- you failed to confirm before the vehicle purchase that the vehicle identification number ("VIN") displayed in the results of the Service matched the vehicle registration certificate ("V5C") and the VIN displayed on the vehicle;
- you failed to confirm that the vehicle registration mark ("VRM") and other details provided in the results of the Service were consistent with those of the vehicle;
- you purchased the vehicle despite the existence of information in the results of the Service which should have put you on notice that the vehicle should not be purchased;
- you failed to confirm that the identity of the seller of the vehicle was the same person as the current keeper recorded on the V5C;
- you failed to confirm the vehicle had a valid MOT certificate (where it was compulsory for the vehicle to have one); or
- in respect of any finance referenced in the results of the Experian Vehicle Data Service, you have failed to contact the relevant finance company to verify the type and detail of finance referred to.
- the Experian Vehicle Data Service was carried out prior to the purchase of the vehicle;
- the vehicle was purchased in the ordinary course of your business;
- the vehicle does not have false VRM and/or VIN;
- you have allowed Experian to inspect any vehicle in respect of which a claim is made under the Data Guarantee;
- you have provided evidence of financial loss to us in respect of the relevant Losses together with such other documentation as we may require, acting reasonably, to assess the claim; and
- you have taken all reasonable precautions to avoid, and taken reasonable steps to mitigate, Losses which are or may be recoverable under the Data Guarantee.
- The Data Guarantee will not provide coverage against Losses in the following circumstances or for the following losses or expenses:
- financial loss (whether arising from loss, destruction of or damage to the vehicle) occurring after the date of the Experian Vehicle Data Service other than as set out in Clause 8(e) above;
- where the vehicle was purchased outside Great Britain or Northern Ireland;
- where you made cash payments for the vehicle exceeding £5,000 or 10% of the purchase price of the vehicle (whichever is the higher);
- where you cannot provide a valid reason (to be determined at our sole discretion) for purchasing the vehicle for 30% or more below the Market Value;
- legal fees or expenses;
- you have provided incorrect or incomplete information to us when requesting the Service, or when making a claim under the Data Guarantee;
- losses in respect of vehicles other than those for which the Service is available, being a car, motorcycle or commercial vehicle;
- where the vehicle is not registered with the DVLA in the United Kingdom when the Experian Vehicle Data is carried out, or where it bears a VRM with the prefix or suffix letter Q;
- any issue arising or occurring prior to the vehicle's first registration with the DVLA;
- you make a false or fraudulent claim under the Data Guarantee; and
- where you have purchased the vehicle despite any of the details provided by the seller of the vehicle failing to accord with the results of the Experian Vehicle Data Service.
- Any claim made under the Data Guarantee must be made using a claim form, which is available by writing to AutoCheck Claims Department, The Sir John Peace Building, Experian Way, NG2 Business Park, Nottingham, NG80 1ZZ or by telephoning 0870 333 8030.
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.
- Either of us may terminate this Agreement immediately by serving written notice on the other party:
- if the other party commits a material breach of an obligation under this Agreement which is not capable of remedy;
- if the other party commits a material breach of an obligation under this Agreement which is not remedied within 28 days after receipt of a notice from the party not in breach specifying the breach, requiring its remedy and making clear that failure to remedy may result in termination;
- if the other party becomes insolvent.
- Termination of this Agreement (or of any element of it) shall not affect any rights, obligations or liabilities of either party: which have accrued before termination; or which are intended to continue to have effect beyond termination. Your entitlement to use the Information shall (unless such entitlement is stated to be perpetual) cease on termination of this Agreement.
Neither party shall be liable for events beyond its reasonable control.
- This Agreement forms the whole agreement between both of us, and takes the place of all previous negotiations, understandings and representations in relation to the same subject matter as this Agreement. Neither of the parties shall be bound by, or liable to the other party for, any representation, promise or inducement (other than fraudulent misrepresentations) made by it or by any agent or person on its behalf which is not expressly contained in this Agreement.
- These conditions may be changed by us at any time by us giving you notice of the changes to these conditions. If we do not hear from you within 30 days of the date of such notice, we will deem that to be your acceptance of the updated conditions. If you do not agree to the changes, you must notify us within 30 days of the date of the notice, and you shall be entitled to terminate with immediate effect.
Except as specified in 12b above 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.
- You shall access or use the Services via the Integrator.
- Subject to Clause 7f above, we shall not in any event be liable for any issues or problems arising from the provision of the Services where such issues or problems are a direct result of the acts or omissions of the Integrator.
Persons who are not a party to this Agreement shall not have any rights under this Agreement.
If a court of law finds any part of this Agreement to be invalid, it will be deleted and the rest of this Agreement shall remain to be in full force.
This Agreement is governed by English law. We both agree that the courts of England will have the exclusive power to settle any dispute that may arise out of, under, or in connection with this Agreement.
- 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 Application Form. You can write to us at our registered office address.
- All notices are considered to have been received:
- 48 hours after being posted if posted to the correct address; or
- one hour after being sent if sent by fax within normal working hours
- Notices sent by email will not be accepted.
This section is only applicable to you if the Services that we provide to you include the Vehicle Mileage Check Service ("VMC Service").
You acknowledge and agree that the VMC Service can only comment on the vehicle(s) on which the VMC Service is conducted.
You acknowledge and agree that it shall at all times remain responsible for ensuring that its vehicle due diligence policies and practices are compliant with all applicable laws.
If you are a VMC Member, we recommend that you adhere to the procedures shown in the due diligence policy document known as Vehicle Mileage Check User Guide ("VMC User Guide"), a copy of which shall be available on request. However, you acknowledge and agree that the VMC User Guide is not intended to replace your own vehicle due diligence policies and practices.
If you wish to make a complaint regarding the Services, please contact us as follows:
Email: [email protected]
Post: Customer Relations, Experian Limited, The Sir John Peace Building, Experian Way, NG2 Business Park, Nottingham, NG80 1ZZ.
Telephone: 0344 481 8197* from Monday to Friday, 9am to 5pm
*Charges for calling 03 numbers are the same as for calls made to standard UK landline phone numbers starting 01 or 02. If your landline or mobile phone package means you can call an 01 or 02 number as part of ‘free’ inclusive minutes, the same will apply to calling our 03 number.