Data Guarantee | The Auto Experts

Data Guarantee:

THESE TERMS AND CONDITIONS (“Terms”) apply to www.theautoexperts.co.uk (referred to as “the Website” or “TheAutoexperts” in this document). Please read these Terms carefully and make sure you understand them. If you do not agree to these Terms, you must immediately stop using the Website.

How to Register For Your Data Guarantee :

  1. Date of purchase
  2. Amount paid
  3. Type of sale (e.g. private sale or motor dealer etc.; )
  4. The new registered keeper’s information

Data Guarantee Terms and Conditions:

  1. Definitions
    1. “TheAutoexperts “or Us is owned and operated by Auto Experts Group Ltd, a company in England and Wales with Register Number- 13538432 on Companies House.
    2. “You”, ‘The Enquirer”, or “User” means a person (not a Company or Business) who seeks to purchase a vehicle for their personal use and who purchased a report from Us. You subsequently purchased the vehicle upon which we reported, and you are not involved in the motor trade in any way.
    3. “Data Check” means our core product, a downloadable digital report of a motor vehicle’s history – including but not limited to its MOT status, mechanical history, VED road fund status and various other datasets that we provide to You.
    4. “Designated Vehicle” means The UK registered vehicle identified by the registration mark you provided us, for which you purchased a check from us and which you subsequently purchased.
    5. “Private Seller” means a person, executor or business not involved in the motor trade who is selling a vehicle owned by them and they are named as the registered keeper at the time of the sale to You.
    6. “Trade Reseller” means a person or business that sells motor vehicles they have not purchased as a private Seller. A Trade Reseller trades from bona fide business premises and is registered for VAT.
  2. Disclaimers & Warranties
    1. The information on this Website is given “as is.” We make no guarantees that the Website or any of its material will be free of mistakes or omissions. The Website or any of its content will always be available or uninterrupted. The Website is only accessible for a limited time. We reserve the right to suspend, remove, discontinue, or change the Website in whole or in part at any time and without warning. We will not be liable to You if the Website is inaccessible at any time or for any period for any reason.
    2. The material is given on the Website by TheAutoexperts, including the “Data Check,” is for informational purposes only and does not constitute advise. As a result, it should not help you make or stop from making a decision or help you choose a course of action.
    3. To the fullest extent permissible by law, TheAutoexperts expressly disclaims any representations, warranties, obligations, and liabilities relating to the Website or other third-party websites, as well as the information contained therein.
    4. Subject to point 2.5, TheAutoexperts shall not be liable for any loss of profits, goodwill, savings, or business (whether direct or indirect), or for any special, indirect, incidental, or consequential damages in contract, tort (including negligence), or otherwise.
    5. Nothing in these Terms restricts or excludes TheAutoexperts’s liability for death or personal damage caused by our negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited under English law.
    6. Except for links to third-party websites, TheAutoexperts owns or has a licence to use all rights, titles, and interests in and to the Website, including all copyright and other intellectual property rights. Some of the information is created under licence from third parties and is based on their copyright material in whole or in part. These Terms do not grant any User title to or ownership of the Website or the information included. All rights in and to the Website that are not expressly granted to You are reserved by TheAutoexperts.
    7. TheAutoexperts is not responsible for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programmes, data, or other proprietary material as a result of your use of the Website, or your downloading of any content from it, or any website linked to it, or any email sent to you by TheAutoexperts.
    8. You shall not purposefully introduce viruses, trojans, worms, logic bombs, or other malicious or technologically damaging material into the Website. You agree not to change the functionality, behaviour, inputs, outputs, or processes used by Us when transferring information. Any unauthorised usage could be illegal. You shall not attempt to gain unauthorised access to the Website, its server, or any other server, computer, or database connected to the Website. You may not access, “scrape,” “crawl,” or “spider” any pages contained in the Website using human or automatic software, devices, scripts, robots, or other means or processes.
    9. Unless otherwise stated, all prices on this website include VAT. The parties agree that these Terms and their execution will be governed by and construed in accordance with the laws of England and Wales, and that the courts of England and Wales will have exclusive jurisdiction over them.
  3. General
    1. These Terms and performance are governed by and construed following English and Welsh law, and the parties hereby submit to the exclusive jurisdiction of the English and Welsh courts.
    2. These Terms may only be changed with TheAutoExpert’s prior written agreement. TheAutoexperts has the right to change or amend these Terms at any time, with or without warning. Please revisit this page from time to time to note changes, as continuing to use the Website after such changes are deemed acceptance of such changes.
    3. You acknowledge that, due to the unique nature of the Website and TheAutoexperts’s proprietary interests therein, a breach of these Terms by You would cause TheAutoexperts irreparable loss, for which monetary damages would be insufficient recompense. As a result, You agree that TheAutoexperts is entitled to preliminary and permanent injunctive relief to enforce the requirements of these Terms, as determined by any court of competent jurisdiction.
    4. In whatever place you are physically situated, you must comply with all foreign and local laws and regulations that apply to your use of the Website, including, without limitation, consumer law and export control laws and regulations.
    5. You may print and maintain a copy of these Terms, which supersede any other communications or advertising concerning the Website and form the entire agreement between You and TheAutoexperts.
    6. If any term of these Terms is ruled void, illegal, or unenforceable, the remaining provisions will continue to be valid and enforceable to the degree permitted by law. In any case, the parties undertake to exercise their best efforts to replace the invalid or unenforceable provision with one that serves the purposes intended by the invalid or unenforceable provision, to the extent permissible by applicable law.
    7. Neither party will be liable for delays caused by events beyond its reasonable control, provided that the non-performing party makes reasonable efforts to avoid or eliminate such causes of non-performance and resumes performance hereunder with reasonable dispatch once such causes have been removed.
    8. Any party’s omission to enforce any term or condition of these Terms at any time will not be construed as a waiver of that party’s right to enforce every term and condition of these Terms in the future.
    9. If you believe that any contents on the Website have the potential to be offensive, objectionable, or defamatory, please get in touch with TheAutoexperts via our contact page, detailing the nature of your complaint and the items in question.
    10. Nothing in these Terms gives any third party any actionable advantage or right of action against TheAutoexperts, either directly or indirectly. Such third parties will not be able to enforce any term of these Terms against TheAutoexperts.
    11. TheAutoexperts has a full refund policy, which means that you will receive a complete refund of the amount you paid for the Data Check service. Any claim under the Refund Policy must be made within seven days of the date of purchase. For the avoidance of doubt, this Refund Policy applies if we report to You any information that differs from that which was provided to Us, or if TheAutoexperts fails to report data from the sources that we commit to You that we use that is available to Us.
  4. About the Data Guarantee

    This Additional Guarantee provides protection to you up to the maximum sum of £30,000 but is only applicable if all the following conditions and obligations are complied with fully.

    1. In the event of a specific error or omission in providing You with our data sets for the Designated Vehicle, and where a Loss has occurred as a direct result of the Data Check service failure, the Data Guarantee may give compensation.
    2. Data sets for TheAutoexperts come from various third-party sources. We do not guarantee that any of this information is correct. The terms and conditions (“the conditions”) under which TheAutoexperts provides this Data Guarantee to You are set forth below. You should read these terms and conditions thoroughly to ensure that you understand them. These terms and conditions are in addition to terms listed on this page, which comprise the contract between Us and You. Specific exclusions apply to the Data Guarantee, which may limit your ability to file a claim under it.
    3. Our Data Check service, which we give to You, comprises several sets of data. TheAutoexperts cannot be held liable for the acts or failures of third parties over whom it has no control.
    4. If inaccurate or incomplete data appears on our databases as a result of our error, or TheAutoexpert fails to adequately pass the incorrect data that we use as part of our Data Check service to You; and where this failure results from our actions, and You suffer either a loss of title or a diminution in the value of the Designated Vehicle as a result of the aforementioned failure; and where this failure results from our actions and You suffer either a loss of title, then you can claim a data guarantee.
    5. As part of the Data Guarantee, you must qualify for certain obligations. To be eligible for Data Guarantee, every claim must meet all of the following criteria:
      1. The Data Guarantee is non-transferable and only relates to the Enquirer. The “Enquirer” is the person who is interested in purchasing the Designated Vehicle.
      2. At the time of purchase, the Enquirer must be present.
      3. When the vehicle is delivered, the Enquirer must be present.
      4. When the purchase cash is handed over, the Enquirer must be present and receive a signed and dated bill of sale from the seller.
      5. You must maintain a copy of any advert for the chosen car that you have viewed. If the advertisement is on the internet, you should either take snapshots and save them in a document or print it out in its entirety.
      6. You must have carefully examined and inspected the entire V5 pertaining to the Designated Vehicle. Before completing the purchase, you must make and keep a duplicate of the V5.
      7. To the best of their ability, the Enquirer must have thoroughly validated all data that TheAutoexperts provides as part of its Data Check service. If the Designated Vehicle has ever been an insurance write-off, stolen or has any associated finance charges, you must inquire with the seller. If such information is provided, You must not proceed with the purchase if it conflicts with the Data Check made available by Us.
      8. When buying from a private seller, you must confirm the seller’s identification (you should inspect a photo, Driving Licence or Passport). Suppose this is not available, but another identity is provided. In that case, you accept to first contact Us for verification before proceeding in order to allow us to verify if this is acceptable within the terms of this Data Guarantee.
      9. When buying from a Private Seller, the Enquirer must look up the Private Seller’s address and phone number on a current utility bill and note the account number or reference. No claim would be accepted under our Data Guarantee if you did not purchase the Designated Vehicle from the registered keeper on the V5.
    6. To submit a claim under the Data Guarantee, you agree that it will be valid for the “Data Guarantee Period,” which is defined as the twelve (12) calendar months from the date of your Data Check service purchase or until you sell the Designated Vehicle, whichever comes first. Outside of this period, we will accept no claims.
    7. The Enquirer must complete all of the following additional conditions in order to submit a valid claim under the Data Guarantee for the Finance Check Service:
      1. You must be 18 years or older;
      2. The Finance Check Service for the Designated Vehicle must have been purchased;
      3. Before you buy the Designated Vehicle, you must have used the Finance Check Service.
      4. If the Designated Vehicle is older than three years, it must be bought with a current MOT certificate.
      5. If the Designated Vehicle is purchased from a private seller, it must be purchased from the person listed on the vehicle registration certificate (V5C) as the “registered keeper.”
      6. Before purchasing a vehicle, you must verify the vehicle registration certificate (V5C) to ensure that you are buying it from the registered owner.
      7. The Designated Vehicle must be purchased inside the United Kingdom;
      8. You must provide Us with accurate and complete information about the vehicle when requesting the Finance Check Service;
      9. The vehicle identification number (VIN) must match the DVLA’s vehicle registration mark (“VRM”) for that vehicle identification number (VIN);
      10. Once You’ve filed a claim, TheAutoexperts reserves the right to inspect the Designated Vehicle. You must authorise Us to carry out this inspection if TheAutoexperts chooses to exercise this right; and
      11. You must give Us proof of any Losses, such as receipts, as well as any other paperwork that We may reasonably require to assess the claim You have submitted.
      12. Financial Protection & Limits of the Data Guarantee
    8. By using our Website to conduct a Data Check, you agree that TheAutoexperts will not be liable and will be indemnified and held harmless for any direct, indirect, or consequential Loss or damage, or for any loss of business, capital, profit, reputation, or goodwill, whether caused by Us, our affiliates, or agents arising out of or in connection with the contract or its subject matter.
    9. By completing the Data Check, you accept that any claim will be limited to the Loss and monetary restrictions set forth below.
      1. The “Losses” against which the Data Guarantee provides coverage are the following monetary Losses resulting from errors with the information provided to You in the Data Check service:
  5. Limitations of the Data Guarantee
    1. TheAutoexperts is not responsible for the accuracy of, or any loss or damage caused by, any data we provide to You as a result of any incomplete or inaccurate data or information you provide to Us, or any other fault attributable to You. All other conditions, terms, and guarantees, stated or implied by legislation or otherwise, are excluded to the fullest extent permitted by law, except as expressly mentioned.
    2. Each provision of these Terms is to be interpreted as a separate limitation that applies and survives even if one or more of the aforementioned provisions is found to be inapplicable or unreasonable in any scenario, and shall remain in force.
    3. The Data Guarantee only applies to contributions made to Us through this Website. The Data Guarantee does not cover any uploads to third-party websites. To be eligible for the Data Guarantee, you must meet all of the following criteria:
      1. Prior to acquiring the Designated Vehicle, you must order the Data Check service from Us.
      2. You must ensure that the Vehicle Identification Number (“VIN”) provided by Us as part of the Data Check corresponds to the VIN imprint on the Designated Vehicle and that the VIN is valid and legible. This must include the stamped VIN, the under-bonnet VIN, and the VIN located right below the windscreen, among others.
      3. A current, valid, and readable copy of the V5C (‘Logbook’) from the DVLA must accompany the Designated Vehicle, not a photocopy or duplicate.
      4. You must be able to supply a copy of the V5C/2 ‘New Keeper Supplement’, at the very least, and if requested.
      5. If You become aware of a potential inward claim against the Data Guarantee, You agree to take all reasonable steps to contact the seller of the Designated Vehicle to recover the loss unless the police expressly tell You not to. For the avoidance of doubt, reasonable efforts include, but are not limited to, contacting the seller by phone or in-person in order to resolve any disputes and fully recover the loss. TheAutoexperts retains the right to defer payment on any claim until we are satisfied, in our sole discretion, that You have made all reasonable, legal, and thorough attempts to recover the loss.
      6. If you purchased the Designated Vehicle from a private seller, the transaction must have taken place at the private seller’s home address, which must match the address listed on the V5C document; and you agree that you purchased the Designated Vehicle from the private seller whose name appears on the V5C document.
      7. With the exception of the point above, you must produce a copy of the original purchase order or purchase receipt for the Designated Vehicle. This proof of purchase must originate from and be clearly and easily identifiable by the valid trading UK company from which it derives. A valid trading UK company is one that is actively trading, is not dormant, and is registered as a legal business organisation in the United Kingdom for the avoidance of doubt.
      8. You must verify that all of the information provided by Us in response to the Data Check accurately matches the Designated Vehicle and the corresponding V5C. You must notify TheAutoexperts immediately if You discover any discrepancies or omissions that We can conduct an investigation. This data includes, but is not limited to, the vehicle’s make, model, and derivative, as well as visible elements of the Vehicle Identification Number (VIN).
    4. TheAutoexperts does not cover all data which we provide as a part of Data Guarantee. No other information is covered except for the Finance Check Service described, MIAFTR total loss, and police stolen records for the Designated Vehicle on which you completed the Data Check. For the avoidance of doubt, the Data Guarantee does not cover the Designated Vehicle’s description, keeper data, the number of keepers, the date of keeper changes value, mileage, or any associated documentation (V5/Logbook), among other things.
    5. If You are unable to provide Us with proof of purchase for the Designated Vehicle, TheAutoexperts will not cover any claims for loss or damage. Any such claim will be declared null and void in this case. For the avoidance of doubt, proof of purchase is either a bank statement showing a single payment of at least 80% of the Designated Vehicle’s purchase price, or a copy of a UK-registered cheque payable to the vendor, stamped by your banking organisation and legibly made out to the vendor’s trading name or, in the case of a private seller, the first and last name, as opposed to a third party.
    6. TheAutoexperts does not cover any Data Check submitted to or originating from the motor trade (for example, a Trade Seller) or any car covered by a motor trade insurance policy on or after the date of purchase.
    7. The Designated Vehicle’s or any other vehicle’s condition, roadworthiness, or legal status are not guaranteed by the Data Guarantee. Furthermore, the Data Guarantee does not provide coverage for any of the following losses or expenses:
      1. Cash payments above £500 or 10% of the purchase price of the Designated Vehicle are not covered by the Data Guarantee (whichever is lower).
      2. The loss occurs after the date of the Finance/Data Check Service, whether it is due to the vehicle being lost, destroyed, or damaged.
      3. A fraudulent vehicle registration mark (VRM) or vehicle identification number is present on the Designated Vehicle (VIN). This is commonly referred to as a ‘cloned’ or ‘ringed’ car, and all claims made in this manner are expressly excluded from our Data Guarantee.
      4. The Designated Vehicle was purchased at an unreasonably high price. Any price that was significantly less or more than 70% of the market value of the Designated Vehicle, evaluated in reference to the retail value published in the Glass’s Guide, and adjusted for mileage and condition, is considered unreasonable.
      5. Losses arising for vehicles other than cars, motorcycles, or light commercial vehicles weighing up to 3.5 tonnes.
      6. Losses resulting from an accident that occurred before the vehicle was originally registered with the DVLA.
      7. Losses coming from a car not being registered with the DVLA in the United Kingdom or having a vehicle registration mark (VRM) with the prefix or suffix “Q” or Losses in connection with automobiles registered or purchased outside of mainland Great Britain, such as continental Europe, the Bailiwick of Jersey, the Bailiwick of Guernsey, Northern Ireland, or the Isle of Man.
      8. You were aware of the events that led to the claim before they occurred.
      9. As stated in these Terms and Conditions, you have failed to act as a reasonably careful purchaser.
      10. Despite the fact that the seller’s details did not match the information provided in the Data Check, you went ahead and purchased the vehicle.
      11. Under the Data Guarantee, you willfully made a misleading and/or fraudulent claim.
      12. When filing a claim, you fail to provide Us with timely and accurate information.
      13. You bought the Designated Vehicle on eBay Motors (eBay), Facebook Marketplace, Gumtree, or another UGC-style classified website.
      14. If you’re a trade seller or involve in the motor trade in any manner.
      15. You bought the Designed Vehicle from a salvage mode of the auction or a salvage agent.
    8. Money transfer providers (e.g., Western Union, Moneygram) and any mode of email transfer are not acceptable payment methods, and using them would preclude You from making a claim under this Data Guarantee. For any claim to be considered under the Data Guarantee, any payment by direct bank transfer must be made to a UK account in the name of the registered keeper stated on the V5 and from a UK bank account in your name.
    9. Any claim for loss concerning a vehicle for which you have not paid in full, except in the event of a loan with an FCA-approved financing institution, will be regarded null and void.
    10. Any claim for loss under the Data Guarantee for which You got a loan from a financial institution that is not recognised and registered by the Financial Conduct Authority (“FCA”), or where you are unable to provide Us with proof of repayment, will be regarded null and void. Proof of repayment is defined as a genuine, legible, and original copy of a UK bank or building society statement AND a copy of the original financial agreement from the financial institution that lent the funds to purchase the Designated Vehicle.
    11. You irrevocably transfer to Us all rights to seek compensation or other value from the persons or organisations from whom you purchased the Designated Vehicle when you accept any payment or other settlement from Us under the Terms of this Data Guarantee. You undertake to furnish Us with any and all evidence that We may reasonably require to prosecute that claim.
    12. Any finance arrangement taken out by You must be in your name. The Trade Seller must be a Finance and Leasing Association member if the Designated Vehicle was purchased from a Trade Seller.
    13. Any claim for a Designated Vehicle registered after 1980 with a VIN that isn’t 17 alphanumeric figures is regarded null and void.
    14. Any claim for loss under the Data Guarantee in relation to a vehicle registered overseas, or any event that occurred before the vehicle was initially registered in mainland Britain, will be deemed null and void. This includes any assertion that the Designated Vehicle was previously registered in a country other than the United Kingdom.
    15. Any claim for loss in which the Designated Vehicle is not acquired and is not in the ownership of the Enquirer within 7 (seven) calendar days is regarded null and void.
    16. Any claim for loss involving the Designated Vehicle that has been subjected to a plate change or plate transfer will be declared void.
    17. Any claim for loss arising from the acquisition of the Designated Vehicle from a friend, partner, relative, employee, or other person known to You is void.
    18. Any claim for loss based on information that TheAutoexperts does not have access to, such as MIAFTR data that TheAutoexperts did not have reasonable access to on the date of Data Check. The Designated Vehicle, for example, had been declared an insurance write-off but had not been notified to the MIAFTR database at the time of the Data Check.
  6. Our Liability to You
    1. We are responsible for any loss or damage you experience that is a foreseeable result or consequence of our breach of these Terms and Conditions or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or harm is foreseeable if it was an evident result of our breach or anticipated by You and us when we signed these Terms and Conditions.
    2. Except as otherwise stated, TheAutoexperts’s aggregate liability to You arising out of or in connection with the Finance Check Service provided on or in connection with the Application shall not exceed £100, excluding any entitlement to compensation under the Data Guarantee in accordance.
    3. Contact your local trading standards agency or Citizens Advice Bureau for more information about your legal rights and how they may be affected by these Terms and Conditions, including this section on our liability to you. These legal rights are unaffected by these Terms and Conditions.
    4. The Finance Check Service is exclusively available for domestic and private usage through TheAutpexperts. You agree not to use the Finance Check Services for any commercial, business, or re-sale purposes, and we will have no obligation to you for any business losses or other indirect losses that occur as a result of the main loss or damage that you may suffer, including, but not limited to:
      1. revenue or contract losses;
      2. lost earnings, income or revenue;
      3. data loss in the business;
      4. a loss of revenue (business interruption) or a decrease in the value of an asset;
      5. loss of anticipated savings.
    5. If you have any issues with the Finance Check Service or wish to file a complaint about the Finance Check Service, please get in touch with TheAutoexperts Support as soon as possible, using the contact information provided.

Help & Information

TheAutoexperts is owned by Auto Experts Group Ltd, A Company Registered in England and Wales with Company Number – 13538432
Support[email protected]
Registered Office Address:
71-75 Shelton Street
Covent Garden
London
WC2H 9JQ