SMS Terms of Service
Please make sure you read these terms and conditions carefully.
IMPORTANT: KEEP THESE TERMS IN A SAFE PLACE, TOGETHER WITH YOUR INSTANTCARCHECK HISTORY CHECK RESULTS AND THE DOCUMENTS REFERRED TO IN CLAUSE 10. THE INSTANTCARCHECK HISTORY 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.
- 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;
“InstantCarCheck History Check” means a vehicle information enquiry submitted by you via SMS to us as more particularly described on the website;
“Information” means the information supplied by us relating to a motor vehicle recorded on our electronic database in response to your InstantCarCheck History Check;
“we”/ “us”/ “ours” means or refers to HPI Limited, a company registered in England with number 4068979 whose registered office is at who provides the Information to you;
“Website” means the https://www.instantcarcheck.co.uk website; and
“you”/ “your” means or refers to you, the customer, who submits the InstantCarCheck History Check and receives the Information (in each case subject to these Terms).
- When you submit an InstantCarCheck History 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.
- We consider these Terms to set out the whole agreement between you and us for the supply of the InstantCarCheck History Check. These Terms only apply to our contracts with consumers. We will despatch either by email or by post to your address (as notified to us by you with your InstantCarCheck History Check), a Certificate of Confirmation containing a written copy of the Information and these Terms for your records.
- When submitting your InstantCarCheck History Check request via SMS, it is your responsibility to complete the request correctly to ensure a prompt response by us. 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.
You will pay us our charges for the InstantCarCheck History 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.
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.
Use of your Personal Data
We obtain and hold vehicle and associated data from many sources, including finance companies, insurers, vehicle owners and the police. This data is used to protect both those making searches and the owners of vehicles on HPI’s registers. For that reason, you agree and consent to us disclosing relevant information about you (including your name, address and details of your usage of HPI’s 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 person claiming to be the owner of a vehicle against which you have submitted a InstantCarCheck History Check; or
- the police or other law enforcement authorities.
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).
Exclusion/Limitation of Liability
- The Information we supply includes data supplied to us from a number of third party sources which we do not warrant as accurate.
- We do not warrant that the Information is true, correct or complete and subject to 6.3 below we shall not 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.
- We do not limit or exclude our liability for:
- death or personal injury caused by our negligence; or
- fraud or fraudulent misrepresentation; or
- 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
- losses for which it is prohibited by section 7 of the Consumer Protection Act 1987 to limit liability; or
- any other matter for which it would be illegal or unlawful for us to exclude or attempt to exclude our liability.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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 firstname.lastname@example.org.
Support is provided by the HPI customer support team by calling 01722 422 4228905 or by sending an email to email@example.com