Terms and Conditions of supply – TowCheck Services - Dealers. 1.1.2015
Our Services are provided to you in consideration of the fixed fee paid by you (Licence Fee) to us on registering through our site for a period of 12 months from the date of your on-line registration and acceptance of these Terms (Licence Period) for limited purposes only (Permitted Use) as set out below.
We provide data matching in respect of the following fields which are presented to you in a report (Report). The operative fields are as between:
(a) Known car and known caravan, in a printable PDF format version that you can access through your on-line account (Account) through our site;
(b) Known car and select brand of possible caravans, in non-printable “view on screen” version only and which will not be capable of future access through your Account; or
(c) Known caravan and select brand of possible cars, in non-printable “view on screen” version only and which will not be capable of future access through your Account.
The data is provided to us by recognised and reputable data suppliers and is manipulated by us through bespoke software to provide the information for the fields required. The data which is provided for the Services is the latest update received from our suppliers at the time of your use of our site.
Use of our site, the Services and the Report generated through our site is for the benefit of dealing with enquiries that you receive from your customers or prospective customers (Customers), subject to the User Restrictions referred to below.
The User Restrictions:
You agree that you will:
Please read these Terms carefully and make sure that you understand them, before you register for our Services and pay the Licence Fee.
Please note that by registering on-line and paying the Licence Fee, you agree to be bound by these Terms and the other documents expressly referred to in it.
Please note that before registering on-line and paying the Licence Fee you will be asked to agree to these Terms. Please click on the button marked "I Accept" at the end of these Terms if you accept them. If you refuse to accept these Terms, you will not be able to register to use our Services from our site.
You should print a copy of these Terms or save them to your computer for future reference.
These Terms are only in the English language.
1. Information about us
1.1 We operate the website[ www.towcheck.co.uk]. We are NCC Limited, a company registered in England and Wales under company number 08353798 and with our registered office at Catherine House 74-76 Victoria Road Aldershot Hampshire GU11 1SS. Our VAT number is 156 4278 92. We are part of the National Caravan Council Limited group of companies (“the Group”).
1.2 To contact us, please see our Contact Us page.
2. Our contract with you – Term and Termination.
2.1 These Terms set out the basis of our contract with you for the duration of the Licence Period.
2.2 We may terminate our contract with you at any time in the event that:
2.3 you are in breach of any of your obligations as set out in these terms if your have not remedied the breach (if capable of remedy) within 7 days of being requested to do so in writing (including by email) and without prejudice to either party’s rights to make a claims for any antecedent breach.
3. Use of our site
4. Use of our services
4.1 You must follow the relevant instructions relating to the use of our Services as set out on the home page of our site and any user instructions on our site, in particular you must provide accurate information as required.
4.2 No online request for our Services will be accepted or is to be deemed as accepted by us until all required information is given by you.
4.3 We expressly reserve the right to refuse any request for our Services if we reasonably believe that you are in breach of your obligations or that you are abusing your use of our site.
5. How we use your personal information
6. Contract constitutes the entire agreement with you.
6.1 By registering on-line and paying the Licence Fee, you confirm that you have authority to bind any business on whose behalf you use our site to use our Services.
6.2 These Terms constitute the entire agreement between you and us. You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of the us which is not set out in these Terms.
7.1 We will use reasonable efforts to enable you to make connection to the Services available when you have registered and paid the Licence Fee through our site.
7.2 It is your responsibility to ensure that you have the minimum hardware configuration or software for the purpose of establishing connectivity between your computer systems and our Site to access the Services.
7.3 Each party shall bear its own costs of establishing that connectivity.
8. Supply of Services and usage
8.1 During the Licence Period we will supply the Services to you through our site.
8.2 We may change at any time, with as much prior notice to you as is reasonably practicable:
but, in each case, without loss of integrity or usefulness of the Report and/or our Services.
8.3 There is an annual volume usage cap built into each contract. The annual cap is currently set at 1,500 VRM lookups. This is subject to change and you will be notified in advance of any such change. If you exceed this usage we will charge you at the prevailing rate per each additional use. The rates will be notified to you. The rate is currently 10p but this figure is subject to an annual review.
9. Security and passwords
9.1 You will ensure that the Reports and any data comprised in them are kept only used for the Permitted Purpose; and
9.2 that you will use best available security practices and systems applicable to prevent, and take prompt and proper remedial action against, unauthorised access or use to our site and against any unauthorised copying, modification, storage, reproduction, display or distribution of the Reports or any data comprised in them; and
9.3 If you become aware of any breach of the above provisions of this clause you will, at your expense, promptly notify us and fully co-operate with us to remedy the issue as soon as reasonably practicable.
10.1 We grant you a non-exclusive, non-transferable, revocable, licence for the Permitted Use only during the Licence Period, subject to the Customer User Restrictions, to:
11.1 We warrant that we have the right to license the receipt and use of data comprised in the Reports.
11.2 Except as expressly stated in this Agreement, all warranties, conditions and terms, whether express or implied by statute, common law or otherwise are hereby excluded to the extent permitted by law.
11.3 Without limiting the effect of clause 11.2, we do not warrant that:
12. Limitation of liability
12.1 Neither party excludes or limits liability to the other party for:
12.2 Subject to clause 12.1, we will not in any circumstances be liable whether in contract, tort (including for negligence and breach of statutory duty howsoever arising), misrepresentation (whether innocent or negligent), restitution or otherwise, for:
12.3 Subject to clause 12.1, our total aggregate liability in contract, tort (including negligence and breach of statutory duty howsoever arising), misrepresentation (whether innocent or negligent), restitution or otherwise, arising in connection with the performance or contemplated performance of this Agreement or any collateral contract shall in all circumstances be limited to the Licence Fee.
12.4 The Customer shall indemnify and keep indemnified NCC Ltd from and against all costs, claims, demands, liabilities, expenses, damages or losses (including without limitation any direct or indirect consequential losses, loss of profit and loss of reputation, and all interest, penalties and legal and other professional costs and expenses) arising out of or in connection with the Customer’s negligence, default or breach of these Terms, including without limitation any unauthorised use of any Data.
12.5 We will not be liable for any delay in delivery of the Services that is caused by an event within the scope of clause 13 or your failure to provide us with adequate information or any other instructions that are relevant to the supply of the Services or your failure to comply with clause 7.2.
13. Events outside our control
13.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 13.2. An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
13.3 If an Event Outside Our Control takes place that affects the performance of our obligations under these Terms:
Nothing in these Terms shall make either party the agent or partner of the other, or give either party the power to bind the other.
15. Communications between us
15.1 When we refer, in these Terms, to "in writing", this will include e-mail.
15.2 Please note that any notice given by you to us, or by us to you, will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee. The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
16. Other important terms
16.1 We may transfer our rights and obligations under this contact to another organisation, but this will not affect your rights or our obligations under these Terms. We will always notify you in writing or by posting on this webpage if this happens.
16.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
16.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.
16.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
16.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
16.6 Nothing in this Agreement is intended to, or shall be deemed to, establish any partnership or joint venture between any of the parties, constitute any party the agent of another party, nor authorise any party to make or enter into any commitments for or on behalf of any other party.
16.7 These Terms are governed by English law. This means that a Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), will be governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.
Except where expressly acknowledged on this website, the contents of the webpages of this website are the copyright of NCC Ltd and we are the proprietor of all other intellectual rights in them.
All Towcheck trade marks, names and logos are our proprietary marks or those of our associated companies. Marks identifying third parties are owned or licensed by those third parties or their associated companies. Nothing in these Conditions of Use in anyway confers on you any license or right under any or our trade marks, names or logos or those of any third party, and any unauthorised use may lead to infringement action being taken.