Amendment to Data Guarantee (Effective 1st October 2024)
Please be advised that the £30,000 data guarantee on vehicle checks applied to reports purchased up until 30th September 2024. Starting from 1st October 2024, this data guarantee will no longer be available.
As of 1st October 2024:
- Vehicle checks will no longer come with a data guarantee.
- Data will continue to be sourced from trusted third-party providers. While we strive to ensure its accuracy, we do not guarantee its completeness or correctness.
- We are not liable for any financial losses or damages resulting from reliance on the provided data.
If you have further questions, please contact our support team.
Data Guarantee:
THESE TERMS AND CONDITIONS (“Terms”) apply to www.theautoexperts.co.uk (referred to as “the
Website” or “The Auto Experts” 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 :
- Date of purchase
- Amount paid
- Type of sale (e.g. private sale or motor dealer etc.; )
- The new registered keeper’s information
Data Guarantee Terms and Conditions:
-
Definitions
- These terms and conditions outline the basis on which The Auto Experts, also
referred to as "we," "us," or "our," offer our Data Guarantee (referred to as
the "Guarantee"). These terms apply to customers ("you" or "your") who purchase
vehicle check services from us.
- “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.
- “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.
- “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.
- “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.
- “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.
-
Disclaimers & Warranties
- 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.
- The material is given on the Website by The Auto Experts, 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.
- To the fullest extent permissible by law, The Auto Experts expressly disclaims
any representations, warranties, obligations, and liabilities relating to the
Website or other third-party websites, as well as the information contained
therein.
- Subject to point 2.5, The Auto Experts 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.
- Nothing in these Terms restricts or excludes The Auto Experts 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.
- Except for links to third-party websites, The Auto Experts 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 The Auto
Experts.
- The Auto Experts 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
The Auto Experts.
- 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.
- 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.
-
General
- 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.
- These Terms may only be changed with TheAutoExpert’s prior written agreement.
The Auto Experts 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.
- You acknowledge that, due to the unique nature of the Website and The Auto
Experts proprietary interests therein, a breach of these Terms by You would
cause The Auto Experts irreparable loss, for which monetary damages would be
insufficient recompense. As a result, You agree that The Auto Experts is
entitled to preliminary and permanent injunctive relief to enforce the
requirements of these Terms, as determined by any court of competent
jurisdiction.
- 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.
- 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 The Auto Experts.
- 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.
- 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.
- 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.
- If you believe that any contents on the Website have the potential to be
offensive, objectionable, or defamatory, please get in touch with The Auto
Experts via our contact page, detailing the nature of your complaint and the
items in question.
- Nothing in these Terms gives any third party any actionable advantage or right
of action against The Auto Experts, either directly or indirectly. Such third
parties will not be able to enforce any term of these Terms against The Auto
Experts.
- The Auto Experts 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 The Auto
Experts fails to report data from the sources that we commit to You that we use
that is available to Us.
-
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.
- 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.
- Data sets for The Auto Experts 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 The Auto Experts 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.
- Our Data Check service, which we give to You, comprises several sets of data.
The Auto Experts cannot be held liable for the acts or failures of third parties
over whom it has no control.
- 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.
- 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:
- 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.
- At the time of purchase, the Enquirer must be present.
- When the vehicle is delivered, the Enquirer must be present.
- When the purchase cash is handed over, the Enquirer must be present and
receive a signed and dated bill of sale from the seller.
- 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.
- 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.
- To the best of their ability, the Enquirer must have thoroughly
validated all data that The Auto Experts 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.
- 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.
- 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.
- 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.
- 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:
- You must be 18 years or older;
- The Finance Check Service for the Designated Vehicle must have been
purchased;
- Before you buy the Designated Vehicle, you must have used the Finance
Check Service.
- If the Designated Vehicle is older than three years, it must be bought
with a current MOT certificate.
- 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.”
- Before purchasing a vehicle, you must verify the vehicle registration
certificate (V5C) to ensure that you are buying it from the registered
owner.
- The Designated Vehicle must be purchased inside the United Kingdom;
- You must provide Us with accurate and complete information about the
vehicle when requesting the Finance Check Service;
- The vehicle identification number (VIN) must match the DVLA’s vehicle
registration mark (“VRM”) for that vehicle identification number (VIN);
- Once You’ve filed a claim, The Auto Experts reserves the right to
inspect the Designated Vehicle. You must authorise Us to carry out this
inspection if The Auto Experts chooses to exercise this right; and
- 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.
- Financial Protection & Limits of the Data Guarantee
- By using our Website to conduct a Data Check, you agree that The Auto Experts
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.
- By completing the Data Check, you accept that any claim will be limited to the
Loss and monetary restrictions set forth below.
- 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:
-
Limitations of the Data Guarantee
- The Auto Experts 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.
- 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.
- 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:
- Prior to acquiring the Designated Vehicle, you must order the Data Check
service from Us.
- 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.
- A current, valid, and readable copy of the V5C (‘Logbook’) from the DVLA
must accompany the Designated Vehicle, not a photocopy or duplicate.
- You must be able to supply a copy of the V5C/2 ‘New Keeper Supplement’,
at the very least, and if requested.
- 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. The Auto Experts 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.
- 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.
- 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.
- 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 The Auto Experts 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).
- The Auto Experts 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.
- If You are unable to provide Us with proof of purchase for the Designated
Vehicle, The Auto Experts 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.
- The Auto Experts 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.
- 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:
- Cash payments above £500 or 10% of the purchase price of the Designated
Vehicle are not covered by the Data Guarantee (whichever is lower).
- The loss occurs after the date of the Finance/Data Check Service,
whether it is due to the vehicle being lost, destroyed, or damaged.
- 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.
- 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.
- Losses arising for vehicles other than cars, motorcycles, or light
commercial vehicles weighing up to 3.5 tonnes.
- Losses resulting from an accident that occurred before the vehicle was
originally registered with the DVLA.
- 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.
- You were aware of the events that led to the claim before they occurred.
- As stated in these Terms and Conditions, you have failed to act as a
reasonably careful purchaser.
- 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.
- Under the Data Guarantee, you willfully made a misleading and/or
fraudulent claim.
- When filing a claim, you fail to provide Us with timely and accurate
information.
- You bought the Designated Vehicle on eBay Motors (eBay), Facebook
Marketplace, Gumtree, or another UGC-style classified website.
- If you’re a trade seller or involve in the motor trade in any manner.
- You bought the Designed Vehicle from a salvage mode of the auction or a
salvage agent.
- 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.
- 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.
- 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.
- 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.
- 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.
- Any claim for a Designated Vehicle registered after 1980 with a VIN that isn’t
17 alphanumeric figures is regarded null and void.
- 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.
- 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.
- Any claim for loss involving the Designated Vehicle that has been subjected to a
plate change or plate transfer will be declared void.
- 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.
- Any claim for loss based on information that The Auto Experts does not have
access to, such as MIAFTR data that The Auto Experts 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.
-
Our Liability to You
- 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.
- Except as otherwise stated, The Auto Experts 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.
- 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.
-
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:
- revenue or contract losses;
- lost earnings, income or revenue;
- data loss in the business;
- a loss of revenue (business interruption) or a decrease in the value of
an asset;
- loss of anticipated savings.
- 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 The Auto
Experts Support as soon as possible, using the contact information provided.
Help & Information
Support –
[email protected]
Registered Office Address:
71-75 Shelton Street
Covent Garden
London
WC2H 9JQ