Regit Car Check terms and conditions

Please make sure you read these terms and conditions carefully.

IMPORTANT: KEEP THESE TERMS IN A SAFE PLACE, TOGETHER WITH YOUR CAR CHECK RESULTS AND THE DOCUMENTS REFERRED TO IN CLAUSE 10. THE CAR CHECK IS INTENDED TO HELP YOU MAKE AN INFORMED BUYING DECISION. PLEASE ENSURE THAT YOU READ AND UNDERSTAND THESE TERMS AND CONTACT US IF YOU HAVE ANY QUERIES BECAUSE YOU WILL BE BOUND BY THE TERMS ONCE A CONTRACT COMES INTO EXISTENCE BETWEEN US IN ACCORDANCE WITH CLAUSE 1.2. WE RELY ON YOU TO PROVIDE FULL AND ACCURATE DATA, AND TO OBTAIN AND CHECK ALL RELEVANT VEHICLE DOCUMENTATION. TO BENEFIT FROM THE DATA GUARANTEE, YOU MUST HAVE PROVIDED US WITH ALL INFORMATION REQUESTED BEFORE COMPLETING YOUR PURCHASE.

1. General

1. In these terms and conditions (the “Terms”) the following expressions shall have the following meanings:
“Contract” means the contract between you and us for the supply of the Information made subject to these Terms;
“Car Check” means a vehicle information enquiry submitted by you via the Website or by telephone to our call centre as more particularly described on the Website or by our call centre staff in response to your call;
“Information” means the information supplied by us relating to a motor vehicle recorded on the cap hpi Ltd electronic database in response to your Car Check;
“we”/“us”/“our” means or refers to Motoring.co.uk Limited (t/a Regit), a company registered in England with number 06073777 whose registered office is at Glasshouse, Alderley Park, Macclesfield, SK10 4TG, who provides the Information to you (“Regit”);
“Website” means the website; and
“you”/“your” means or refers to you, the customer, who submits the Car Check and receives the Information (in each case subject to these Terms).

2. When you submit a Car Check to us, this constitutes an offer by you to enter into a Contract with us for the provision of Information subject to these Terms. A Contract will only come into existence between you and us when we provide you the Information in response to your request. The order is an offer by you to enter into a binding Contract with us, which we are free to accept or decline at our absolute discretion.

3. We consider these Terms to set out the whole agreement between you and us for the supply of the Car Check. These Terms only apply to our contracts with consumers. We will despatch by email a Certificate of Confirmation containing a written copy of the Information and these Terms for your records.

4. When submitting your Car Check 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. When submitting your Car Check over the telephone to our call centre, you must provide our operator with accurate and complete information to ensure we are able to deal with your Car Check promptly. It is also your responsibility when using our services to notify us if we supply any Information which you know or suspect is incorrect or incomplete.

2. Charges

You will pay us our charges for the Car Check at our current levels which may change from time to time, by credit card or any other payment method we accept (details of which are available at the Website or from our call centre operator), before we send you the Information.

3. Your right to Cancel

If with your agreement we provide the Information before the cancellation period ends under The Consumer Protection Distance Selling Regulations 2000, then your right to cancel will end as soon as we provide the Information.

4. Use of your Personal Data

You acknowledge that we collect and processes personal data about you (“Your Personal Data”) in the normal course of business for the purposes of providing you the Car Check and/or our services or products and for fulfilling our obligations under the Contract and for pursing our other legitimate interests. For example, We collect and process Your Personal Data for the purposes of providing and conducting customer service, customer support, technical support, billing and payment services, financial audit and record keeping, and marketing of similar products or services among other things. We are the controller in respect of Your Personal Data we collect and process.

In addition, and without limiting the generality of the foregoing, We obtain and hold vehicle, asset, and related data from many sources and use this data for the legitimate interest(s) of protecting those utilising our services or products and the owners or keepers of vehicles on the HPI registers and for the legitimate interest(s) of preventing vehicle related fraud and crime (in cooperation with public authorities such as the police). Accordingly, based on the aforementioned legitimate interest(s), we may be disclosing from time to time relevant information about you collected by us including but not limited to your name, address and details of your usage of our services or products and any parts of Your Personal Data to any person or public authority to whom we reasonably consider that it would be expedient to do so for the purposes of preventing, detecting or discouraging fraud or crime, apprehending or prosecuting offenders or offences, and recovering stolen vehicles or other assets or property. In particular, and without limiting the generality of foregoing, we may be disclosing from time to time any such information about you to i) a person claiming to be the owner of the vehicle against which you have submitted a Car Check, or ii) the police or other law enforcement or public authorities.

For more information on how we collect, store, process, share, and retain Your Personal Data, please see our privacy policy as updated by us from time to time (“Privacy Policy”). By agreeing to this Contract or by using the Car Check or any of our products or services, or by being a customer of Regit, you acknowledge that you have read and understood the Privacy Policy.

5. 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).

6. The Data Guarantee & Exclusion/Limitation of Liability

1. The Information we supply includes data supplied to us from a number of third-party sources which we do not warrant as accurate. The Car Check therefore includes a guarantee (the “Data Guarantee”), underwritten by cap hpi Ltd, which is designed to cover key types of financial loss (“Loss”, as described below at Condition 8) that you may suffer should your Car Check provide any untrue, inaccurate or incomplete Information. The Data Guarantee is subject to certain Terms and exclusions which may affect your ability to make a claim under it.

2. We do not warrant that the Information is true, correct or complete and subject to 6.3 below we shall not (other than upon the terms of the Data 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.

3. We do not limit or exclude our liability for:

- 3.1 death or personal injury caused by our negligence; or
- 3.2 fraud or fraudulent misrepresentation; or
- 3.3 any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Services and Services Act 1982; or
- 3.4 losses for which it is prohibited by section 7 of the Consumer Protection Act 1987 to limit liability; or
- 3.5 any other matter for which it would be illegal or unlawful for us to exclude or attempt to exclude our liability.

4. 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.

5. 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.

6. Each provision of this Condition 6 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.

7. Duration of Data Guarantee

The Data Guarantee is effective for a period of two years from the date of your Car Check (the “Guarantee Period”). No claims submitted outside this period will be considered.

8. What your Data Guarantee does and does not cover

1. The Loss which the Data Guarantee covers means either:

- 1. a reduction in the market value of the vehicle where the vehicle has been established to our satisfaction as having been written off or declared an Insurance Total Loss (insurers will describe a vehicle as a total loss if they think that it is beyond repair, or not worth repairing, financially) which was not recorded on the HPI Condition Register at the time of your Car Check calculated as follows: - the difference between the market Value or value paid, (whatever the lower) and the Actual Value of the Vehicle, (as determined through sale at auction) or 50% of the market value of the Vehicle (whatever the higher); or - 2. in the event you fail to acquire good title to the vehicle, as a result of inaccurate or incomplete information supplied in the Car Check, either (at our sole option) our choice of:- the lower of the Vehicle’s purchase price or market value at the time of sale, or a sum necessarily paid or payable to acquire good title to the vehicle;

2. Safety Recall Data is not covered by the Data Guarantee

The Data Guarantee excludes any loss you suffer which is not a reasonably foreseeable consequence of us providing the inaccurate or incomplete information to you. A loss is foreseeable if it could be anticipated by you and us at the time the Car Check is made. The Data Guarantee also excludes any actual or anticipated profit which you would have made, and any item of improvement, including any addition or alteration, made to the vehicle by you. For the purpose of quantifying your Loss, the market value of the vehicle will be calculated by reference either to the price you paid for it or its retail value as evidenced by Glass’s Guide (adjusted for mileage and condition at the time of purchase), whichever is the lower. We reserve the right to inspect any vehicle which becomes the subject of a claim under the Data Guarantee, at our own cost. If we do provide an independent inspection, its conclusions will be final, unless they contain an obvious error.

9. The Data Guarantee & Exclusion/Limitation of Liability

Subject to the exclusions of liability set out in sections 11 and 12 below, the maximum limit of indemnity under the Data Guarantee in respect of a failure to acquire good title is £30,000 where you have supplied us with the Vehicle Identification Number (“VIN”), Vehicle Registration Mark (“VRM”) and the serial number and issue date from the Vehicle Registration Document (“V5C (log book)”) at the time of your Car Check, prior to purchase of the vehicle. Where your claim relates to a reduction in the market value of the vehicle, the Data Guarantee will not exceed 50% of the market value of the vehicle, or £15,000, whichever is the lower.

10. Conditions of Car Multicheck

1. You may purchase a package of vehicle checks (“multicheck”) containing two or more checks.

2. One of these checks will be used at the time of purchase to check the vehicle you have specified. The spare checks will be made available as credits, which you may use at a time of your choosing.

3. The multicheck credits expire after 730 days from the date of purchase. Expired multicheck credits cannot be used for vehicle checks.

4. Unused or expired credits cannot be refunded.

11. Conditions of Data Guarantee

1. To qualify for the Data Guarantee, you must do the following before buying your vehicle:

- 1. you must ensure that the vehicle is accompanied by a full and current V5C (log book) from the Driver and Vehicle Licensing Agency, and provide us with the serial number and issue date from it;
- 2. you must check that all the vehicle information provided by us as part of the Car Check matches the vehicle itself and the corresponding V5C (log book), and you must notify us immediately of any discrepancies so that we can investigate. This information includes, but is not limited to, the vehicle’s make, model and derivative, engine size, colour, transmission, fuel type and door plan;
- 3. you must check that the date of first registration in the UK of the vehicle we provide as part of the Car Check matches the date on the corresponding V5C vehicle registration certificate (log book);
- 4. you must provide the VIN to us prior to purchasing the vehicle and check that all the VIN markings on the vehicle match each other and the corresponding V5C vehicle registration certificate (log book); and
- 5. you must obtain a written statement or receipt signed by the seller of the vehicle, containing details of the vehicle’s VRM and mileage, the date of purchase, the amount paid and the seller’s name and address.
- 6. If the vehicle is bought privately then you must purchase it from the keeper and at the address stated on the V5C vehicle registration certificate (log book). You must verify the identity of the seller against those on the V5C vehicle registration certificate (logbook).

2. In the event you are made aware of a potential claim, you must make reasonable efforts to contact the seller of the vehicle (either by telephone, or if a dealer purchase, by visiting the premises) in order to resolve the issue and recover the loss, unless expressly requested not to do so by the Police. We reserve the right to withhold settlement of any claims until we are satisfied that all reasonable efforts have been mad

12. Exclusions of Data Guarantee

1. Information we provide on a vehicle’s description, value, mileage, MOT history and accompanying documentation (its V5C vehicle registration certificate (log book)) is not covered by the Data Guarantee.

2. The Data Guarantee does not guarantee the condition of any vehicle.

3. Unless we subsequently confirm that a discrepancy or fact is no longer applicable, the Data Guarantee will not cover any Loss which:

1. results from any discrepancy or fact revealed by your Car Check (including discrepancies between the VRM and VIN of your vehicle);
2. relates to a vehicle which is recorded on our Stolen Vehicles and/or Security Watch registers; or
3. relates to a vehicle which your Car Check indicates has a mileage discrepancy or has been the subject of an odometer change.

4. The Data Guarantee will also not apply if:

1. you conduct the Car Check after buying the vehicle; 2. we have not received full payment for the Car Check; 3. your claim arises from an event that occurred after the Car Check was carried out; 4. the vehicle is registered outside mainland Britain at the time of conducting the Car Check, for example, in Northern Ireland, Jersey, Guernsey or the Isle of Man; 5. you buy the vehicle outside mainland Britain, for example if you source it yourself from mainland Europe, Northern Ireland, Jersey, Guernsey or the Isle of Man; 6. you intentionally supply us with incorrect or incomplete information, or do not co-operate with us and our agents (and, in any case involving stolen vehicles, the police) in progressing your claim under the Data Guarantee; 7. you are unable to provide us with reasonable proof of payment for the vehicle; 8. you are actually aware at the time of your Car Check of relevant information relating to the vehicle (for example, that the vehicle is stolen, or is or has been an insurance write-off) and this subsequently forms the basis of your claim under the Data Guarantee; 9. we do not consider that the vehicle has been purchased in a reasonably prudent manner, including but not limited to whether you have followed any guidelines we may produce from time to time; or 10. the vehicle has been damaged, but has not been established to our satisfaction as having been written off/declared an Insurance Loss. 11. if the purchase price of the vehicle is 30% below the retail market value. 12. if the vehicle is purchased without a valid MOT test certificate, where required. 13. the vehicle purchased is registered with a VRM under a “Q” prefix or suffix. 14. you are a motor trader by trade or the vehicle has been bought to be sold on for profit. 15. any vehicle purchased through a salvage agent or salvage auction.

5. The Data Guarantee will not cover any losses arising due to a “cloned” vehicle to the extent that any part of the purchase price (including but not limited to any deposit, holding fee or other part-payment) for the vehicle is paid in cash other by any other payment mechanism other than via the banking system. We recommend that all vehicles are paid via the banking system – such as cheque or a bankers draft. For the purpose of this clause a “cloned” vehicle is one that has been stolen, and given a false identity, normally that of an identical vehicle.

6. We reserve the right to refuse any claim if you sell the vehicle (without having obtained our prior written permission) after the time which you became aware of any interest that is recorded on our Condition Alert register, Outstanding Finance register, Security Watch register or Stolen Vehicles register.

7. Regit’s data sources are UK-based. Therefore, if the vehicle has been previously registered in another country, the Car Check will only reveal information relating to the period after it was first registered in mainland Britain. Accordingly, you cannot make a claim under the Data Guarantee for any Loss resulting from the vehicle having been previously registered outside mainland Britain or any event which occurred prior to first registration in mainland Britain (whether or not the Car Check displays a “previously used abroad before 1st registration with the DVLA” marker in relation to the vehicle).

8. Any loss arising as a result of a fraudulent transaction which prevents legal title being passed to you.

9. Free Checks and Basic Checks are not covered by the Data Guarantee.

13. Claims Procedure

1. If you wish to make a claim under the Data Guarantee, you must inform us as soon as possible after you become aware of the events giving rise or potentially giving rise to the claim (and in any event within the Guarantee Period).

2. We will issue a claim form for you to complete and return, together with evidence of the Car Check, your proof of purchase for the Vehicle and other relevant documentation. Your claim will be dealt with by our administrators, who will contact you promptly.

3. We will pass all details of your claim, including Your Personal Data, to cap hpi Ltd, the underwriters of our Data Guarantee, for the purpose of establishing the validity and rights of any claim under these Terms.

14. Miscellaneous

1. 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 Data Guarantee).

2. Neither you nor we shall be liable to the other for any delay in or failure to perform any of our respective obligations under the Contract due to any cause beyond your or our reasonable control.

3. Nothing contained in these Terms will affect any of your statutory rights relating to the services which we supply to you if you are a consumer.

4. 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.

5. Relevant United Kingdom law will apply to the Contract and the relevant courts of the United Kingdom will have exclusive jurisdiction in relation to the Contract.

6. EU Online Dispute Resolution Service (ODR)/ Alternative Dispute Resolution (ADR): By law, we are required to provide a link from our website to the EU Online Dispute Resolution Platform. We are not obliged to use ADR should you have a complaint with us. If you do have a complaint which we cannot resolve using our internal complaints handling procedures we will contact you by letter or email about whether we are prepared to submit to ADR. Our email address for the purposes of ODR/ADR is [email protected].