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SECURITY & LEGAL - 4Car HPI Check Terms & Conditions

General

• In these terms and conditions (the "Conditions") the following expressions shall have the following meanings:
  • "we"/ "us"/ "ours" means or refers to HPI Limited, who provides the Information to you;
  • "you"/ "your" means or refers to you, the customer, who submits the Enquiry and receives the Information (in each case subject to these Conditions);
  • "Enquiry" means an 4Car HPI Check enquiry submitted by you either online at the Website or by telephone to the HPI call centre;
  • "Information" means the information supplied by us relating to a motor vehicle recorded on our electronic database in response to your Enquiry;
  • "Contract" means the contract between you and us for the supply of the Information made subject to these Conditions;
  • "Website" means the hpicheck.com website on the world wide web.
• When you submit an Enquiry to us, this constitutes an offer by you to enter into a Contract with us for the provision of Information subject to these Conditions. A Contract will only come into existence between you and us when we provide to you online the Information in response to your Enquiry. We reserve the right for any reason and without explanation to decline to enter into a Contract with you.
• The Contract and all Information provided shall be subject to these Conditions which (together with the HPI Guarantee Terms & Conditions) apply to the exclusion of all other terms, conditions and statements. We will despatch by post to your address (as notified to us by you with your Enquiry), a Certificate of Confirmation containing a written copy of the Information, these Conditions and the HPI Guarantee Terms & Conditions for your records.
• When submitting your Enquiry at our Website, it is your responsibility to complete the request screens at our Website fully and correctly to ensure a prompt response by us. When submitting your Enquiry over the telephone to our HPI call centre, you must provide our operator with accurate and complete information to ensure we are able to deal with your Enquiry promptly. It is also your responsibility when using HPI's services to notify us if we supply any Information which you know or suspect is incorrect or incomplete.

Charges

You will pay us our charges for the 4Car HPI Check at our current levels 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.

The HPI Guarantee & Exclusion/Limitation of Liability

• The Information we supply to you includes data supplied to us from a number of sources, including third parties over whom we have no control. The 4Car HPI Check therefore includes a guarantee (the "HPI Guarantee") in respect of any untrue, inaccurate or incomplete Information we may inadvertently provide to you, subject to the terms of the HPI Guarantee Terms & Conditions (which are appended in full below). You should ensure that you carefully read through the HPI Guarantee Terms & Conditions before relying upon the Information we provide, as the HPI Guarantee is subject to certain conditions and exclusions which may affect your ability to make a claim under it.
• You agree, therefore, that we do not warrant that the Information is true, correct or complete and that we shall not:-(i) (other than upon the terms of the HPI Guarantee) 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; and
• in any circumstances (including, without limitation, if we have been negligent) be liable for any direct, indirect or consequential loss or damage at all, or for any loss of business, capital, profit, reputation or goodwill whether caused by us, our servants or agents arising out of or in connection with the Contract or its subject matter.
• We do not limit or exclude our liability for death or personal injury arising from our negligence or that of our servants or agents.
• Our entire liability (except for death or personal injury arising from our negligence or that of our servants or agents) in respect of all claims arising out of or in connection with the Contract shall not exceed the amount payable under the HPI Guarantee.
• 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 3 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.

No right to Cancel

When making an 4Car HPI Check at our Website, you agree that you have no right to cancel the Contract under the Consumer Protection (Distance Selling) Regulations 2000 after we have received and commenced processing your Enquiry.

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 owner of a vehicle against which you have submitted an Enquiry; 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).

Miscellaneous

• 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 (including without limitation the HPI Guarantee).
• Neither you nor we shall not be liable to the other for any delay in or failure to perform any of our respective obligations under the Contract due any cause beyond your or our reasonable control.
• You agree that you are under no duty or obligation to obtain the Information and you accept that electronic receipt of the Information shall constitute actual notice of the Information, for the purposes of paragraph 22 of Schedule 4 of the Consumer Credit Act 1974.
• 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.
• This Contract shall be governed by and construed in accordance with English law, and you agree to submit to the exclusive jurisdiction of the English Courts.

• HPI Guarantee
• HPI Site Terms & Conditions

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