TowCheck Terms and Conditions

Date: 01.1.2015

This page (together with the Privacy Policy, and the Acceptable Use Policy), tells you information about us and the legal terms and conditions (“Terms”) on which we sell our services (“Services”) as listed below. These terms apply to all purchases of our Services made through any means (e.g. telephone, fax etc), including online purchases through our website (“our site”) to you.
 
These Terms will apply to any contract between us for providing our Services to you (Contract).  Please read these Terms carefully and make sure that you understand them, before ordering our Services.
 
These Terms, and any Contract between us, are only in the English language.
 
Our Site and Dealing with you as a Consumer
 
We only provide the Services on our site to consumers and these Terms only apply if you are a “consumer”, that is: a person who is over the age of 18 buying our Products or Services for personal use and not for re-sale or for any commercial purposes or in connection with any business.  If you are not a consumer you must not make an Order for our Services through this webpage on our site or under these Terms.
 
As a consumer you have legal rights in relation to where our Services are not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.  Nothing in these Terms will affect these legal rights.
 
Information about us
 
We operate the website www.towcheck.co.uk. We are NCC Limited, a company registered in England and Wales under company number 519228 and with our registered office at Catherine House 74-76 Victoria Road Aldershot Hampshire GU11 1SS. Our VAT number is GB 239 5214 59. We are part of the National Caravan Council Limited group of companies (“the Group”)
 
To contact us, please see our Contact Us page.
 
Our Services:
 
Our Services are named “TowCheck” which provides a car and caravan “matching service” designed to identify a safe and legal towing combination for a car and a touring caravan.
 
The matching service is based on data collected from various sources, including the DVLA and reputable providers of data relating to cars and touring caravans.
 
We are committed to and will endeavour to ensure the data and information we provide is as accurate and up-to-date as possible, subject to the following:
 
To the fullest extent permitted by law, we disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose.
 
Further, we do not warrant that this website will be available without interruption, or that it is free of errors, or that the website and the server are free of computer viruses, bugs or other harmful applications.
 
Disclaimer
 
Nothing on this website shall constitute an offer by us to supply goods or services to you. Our website is provided “as is” and we do not give any warranty, condition, guarantee or representation, express or implied, about the operation of this website, or the accuracy, completeness or non-infringement of any information, content, materials or graphics on this website or to any website to which it is linked, or that any of the foregoing will be up to date. You expressly agree that your use of this website is at your own risk.
 
 
How the Contract is formed between you and us

Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the Order process.
 
After you place an Order, you will receive an e-mail from us acknowledging that we have received your Order. However, please note that this does not mean that your Order has been accepted. Our acceptance of your Order will take place as described in the clause below.

Our acceptance of your Order will be made by our payment collection agents (such as PayPal) who will confirm our acceptance to you by sending you an e-mail that confirms that your Order has been accepted (Acceptance Confirmation). The Contract between us will only be formed when you are sent the Acceptance Confirmation.
 
If we are unable to supply you with Services, we will inform you of this by e-mail and we will not process your Order. If you have already paid for the Services we will refund you the full amount as soon as possible.

Making an Order
 
By making an order (“Order”) for our Services, you agree to be bound by these Terms and the other documents expressly referred to in it.
 
You should print a copy of these Terms or save them to your computer for future reference. If you do not have a printer, an alternative would be to save them by copying or taking a screen shot.
 
Please note that before placing an order 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 order our Services from our site online.
 
You must follow the relevant instructions on our site relating to the use of our Services and you must provide accurate information as required.
 
No Order for our Services will be accepted or is to be deemed as accepted by us until all required information is received by us. 
 
We expressly reserve the right to refuse any Order for any of our Services without the need to give any reason. We will not take any payment from you in these circumstances.
 
Changes in these Terms
 
We may amend these Terms from time to time.  Every time you wish to use our Services, please check these Terms to ensure you understand the terms which will apply at that time, including in the following circumstances:

(a)         changes in how we accept payment from you
(b)        changes in relevant laws and regulatory requirements

Whenever we revise these Terms in accordance with this clause, we will keep you informed by way of notice that these Terms have been amended by reference to the change in the relevant date at the top of the page.
 
These Terms were most recently updated on 1^st January 2015.
 
Use of Our Site
 
Your use of our site is governed by these Terms and Conditions and our Acceptable Use Policy. Please take the time to read these, as they include important terms which apply to you.
 
How we use your personal information
 
We only use your personal information in accordance with our Privacy Policy. For details, please see our Privacy Policy. Please take the time to read these, as they include important terms which apply to you.
 
Contract constitutes the entire agreement with you
 
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 us which is not set out in these Terms.
 
If there is a problem with the Services
 
In the unlikely event that there is any defect with the Services:

a) Please contact us and tell us as soon as reasonably possible;
b) Please give us a reasonable opportunity to address any defect; and
c) We will use every reasonable effort to rectify the defect as soon as reasonably practicable.
 
As a consumer you have legal rights in relation to Services not carried out with reasonable skill and care or are not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
 
Price of our Services
 
The prices of our Services (“Prices”) will be as quoted on our site from time to time.  We take all reasonable care to ensure that the Prices are correct at the time when the relevant information was entered onto the system. Our Prices may change at any time, but price changes will not affect Orders that we have confirmed with you by way of an Acceptance Confirmation.
 
The Prices are inclusive of VAT at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your Order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Services in full before the change in VAT takes effect.
 
Payment and how to pay
 
You must make payment for the Services in advance by one of the methods required by our payment collection agents whose requirements can be accessed through the “Pay Now” link on our site.
 
Your rights to a refund on cancellation are set out in the clause headed  Your rights to cancel and applicable refund.
 
No Order shall be deemed to have been received by us until we have received cleared funds.
 
We will send you an electronic receipt by email.
 
Our Liability to you
 
We will not be liable to you, except in respect of personal injury to or death of any person (for which no limit applies within the jurisdiction of England and Wales) regardless of the form of action, whether in contract, tort (including negligence and breach of statutory duty), strict liability, or otherwise whatsoever, for any loss of profit, business, contracts, or revenues, or for any special, indirect or consequential damage of any nature whatsoever arising directly or indirectly out of your use of our site.
 
The supply of our Services under these Terms are only made to consumers for domestic and private use. You agree not to use the Services for any commercial, business or re-sale purpose, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
 
We do not exclude or limit in any way our liability for:

- Death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors
- Fraud or fraudulent misrepresentation
- Breach of the terms implied by section 12 of the Sale of Goods Act 1979 and by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession)
- Breach of the terms implied by sections 13, 14 and 15 of the Sale of Goods Act 1979 and sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 (description, satisfactory quality, fitness for purpose and samples).
 
Copyright
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 any way confers on you any licence or right under any of our trade marks, names or logos or those of any third party, and any unauthorised use may lead to infringement action being taken.
 
Events outside our control

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below.
 
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.
If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:

a) we will contact you as soon as reasonably possible to notify you; and
b) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our performance of Services to you, we will restart the Services as soon as reasonably possible after the Event Outside Our Control is over.

You may cancel the Contract if an Event Outside Our Control takes place and you no longer wish us to provide the Service. We will only cancel the Contract if the Event Outside Our Control continues for longer than 4 weeks in accordance with our cancellation rights as set out below under the heading Our rights to cancel and applicable refund.

Your rights to cancel and applicable refund

You have the following rights to cancel an Order for our Service

1.         You have a legal right to cancel a Contract under the Consumer Protection (Distance Selling) Regulations 2000 within 7 (seven) working days starting from the day after the day on which you are sent the Acceptance Confirmation (“Relevant Period”) . The expression “working days” means that Saturdays, Sundays or public holidays are not included in this period.
However, if you cancel an Order for Services within the Relevant Period and at your request we have already started work on your Order by that time, you will pay us any costs we reasonably incurred in starting to fulfil the Order and this charge will be deducted from any refund that is due to you or, if no refund is due to you, invoiced to you. We will tell you what these costs are when you contact us. However, where you have cancelled an Order because of our failure to comply with these Terms (except where we have been affected by an Event Outside Our Control), you do not have to make any payment to us.

YOU WILL LOSE YOUR RIGHTS TO CANCEL IF YOU DO NOT NOTIFY US OF CANCELLATION OF THE CONTRACT WITHIN THE RELEVANT PERIOD.

2.         In addition you can cancel the Contract where you choose to cancel because we are affected by an Event Outside Our Control or we change these Terms (as mentioned in the clause headed Changes in these Terms) to your material disadvantage.
 
If you cancel an Order within the Relevant Period and you have made any payment in advance for Services that have not been provided to you, we will refund these amounts to you.

3.   Once we have begun to provide the Services to you, you may cancel the Contract for Services with immediate effect by giving us written notice if:

a) we break this Contract in any material way and we do not correct or fix the situation within 14 days of you asking us to in writing;
b) we go into liquidation or a receiver or an administrator is appointed over our assets;
c) we change these Terms to your material disadvantage;
d) we are affected by an Event Outside Our Control.
 
To cancel a Contract in accordance with your legal right to do so as set out in these Terms, you must contact us in writing by sending an e-mail to support@towcheck.co.uk or by post at the address given under the clause headed Information about us . You may wish to keep a copy of your cancellation notification for your own records. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you sent us the e-mail or posted the letter to us.

Advice about your legal right to cancel the Contract under these regulations is available from your local Citizens' Advice Bureau or Trading Standards office.

Our rights to cancel and applicable refund

If we have to cancel an Order for our Services before the Services start:

a) we may have to cancel an Order before the start date for the Services, due to an Event Outside Our Control or the unavailability of stock or (in the case of Services) key personnel or key materials or technology without which we cannot provide the Services. We will promptly contact you if this happens.

b) If we have to cancel an Order under clause (a) above and you have made any payment in advance for Services that have not been provided to you, we will refund these amounts to you.

c) Where we have already started work on your Order for Services by the time we have to cancel under clause (a) above, we will not charge you anything and you will not have to make any payment to us.

Once we have begun to provide the Services to you, we may cancel the Contract for the Services at any time by providing you with at least 2 calendar days' notice in writing. If you have made any payment in advance for Services that have not been provided to you, we will refund these amounts to you.

We may cancel the Contract for Services at any time with immediate effect by giving you written notice if:

a) you do not pay us when you are supposed to under these Terms; or
b) you break the Contract in any other material way and you do not correct or fix the situation within 7 days of us asking you to in writing (including by email).

Communications between us

When we refer, in these Terms, to "in writing", this will include e-mail.

If you wish to contact us in writing for any other reason, you can send this to us by e-mail or by pre-paid post at our registered office detailed in the clause headed Information about us. You can always contact us using our Customer Services telephone line.

If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your Order.

Please note that any notice given by you to us, or by us to you, will be deemed received and properly served 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.

Other important terms

We may transfer our rights and obligations under a Contract 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.

You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.

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.

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.

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.

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.
 
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