Terms and Conditions of the Use for the RAC Vehicle History Check
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These terms and conditions of use ("the Terms") relate to your purchase of the RAC Vehicle History Check which is described and available to you at https://www.rac.co.uk/buying-a-car/rac-car-data-check/ ("The Website").
The RAC Vehicle History Check is owned and run by CAL under licence from RAC.
When you purchase goods through this website your contract is with Colewood Automotive Ltd.
RAC does not contract with you and shall have no liability to any customer for Goods sold by Colewood on the Website.
By ticking the box entitled ‘Please tick here to confirm you have read our terms and conditions’ you are accepting these Terms, which will form the contract between us for your use of the Website and the RAC Vehicle History Check that you purchase
Both Colewood Automotive Ltd and RAC Motoring Services shall be Data Controller in respect of data you submit in your Order for the RAC Vehicle History Check. Please read our Privacy Policy for more details on how your data is processed.
These Terms and Conditions do not affect your statutory rights.
In these Terms and Conditions, the following definitions shall apply:
Colewood Automotive Ltd
‘CAL’, 'We', 'us' or 'our': means Colewood Automotive Ltd, a company registered in England and Wales at Companies House. Our registered office is at Colewood House, 1 Kingfisher Court, Stockton on Tees, North Yorkshire, TS18 3EX our registered number is 10828348. Our registered VAT number is 273 2083 16
Customer
'You' or 'your': the person who purchases the Goods from the Website.
RAC Vehicle History Check
The RAC Vehicle History Check described and made available for sale on this Website.
Order
The Customer's Order for the RAC Vehicle History Check.
RAC
RAC Motoring Services Ltd, a company registered in England and Wales at Companies House. Registered office: RAC House, Brockhurst Crescent, Walsall, WS5 4AW. Registration number is 01424399.
Website
Means https://www.rac.co.uk/buying-a-car/rac-car-data-check/
RAC and Colewood are both data controllers of all personal data you provide in the purchase of the RAC Vehicle History Check, and your data will be processed in accordance with these Terms and the privacy policy provided on the RAC Car Passport website.
Please read these Terms before you use the Website to purchase a RAC Vehicle History Check from us. In particular you should familiarise yourself with the sections on Permitted Use of Information and Our Liability to You. You must also be over 18 years of age to purchase the RAC Vehicle History Check.
If you have any questions about these Terms or the RAC Vehicle History Check, please contact our customer services department at [email protected] or by telephone on 0808 164 1923 before you purchase a RAC Vehicle History Check through the Website.
Our Contract
The RAC Vehicle History Check is owned and run by CAL on behalf of RAC. When you purchase goods through this website your contract is with CAL.
By ticking the box entitled ‘Please tick here to confirm you have read our terms and conditions’ you are accepting these Terms, which will form the contract between us
for your use of the Website and the RAC Vehicle History Check that you purchase (the “Contract”).
To benefit from the guarantee relating to the data in the RAC Vehicle History Check (“Data Guarantee”) you must register your vehicle. This is important as if we do not have the
details of your vehicle we cannot offer you this service. The terms relating to the Data Guarantee which forms part of the RAC Vehicle History Check are detailed in the Schedule
to these Terms.
CAL is the direct provider of the Data Guarantee, working in conjunction with its third party licensors
We may change the Terms from time to time, for example to reflect changes in law or implement technical adjustments. So if you decide to purchase another RAC Vehicle History Check in t
he future, you should always remember to read the terms and conditions that you are asked to accept at the point of purchase.
Please note that we may not necessarily keep a copy of all historic terms and conditions. You should print a copy of the terms which applies to your purchase of the RAC Vehicle History Check for your information in the future.
Permitted Use of Information
All information and materials delivered or made available to you (whether on a computer screen, in an email or on paper) as part of the RAC Vehicle History Check ("the Information") shall at all times belong to us or our licensors. Some of the data on the RAC
Vehicle History Check is provided by third parties, including Experian.
You are permitted to access and make personal non-commercial use of the information for lawful purposes only and in a manner that does not infringe our
intellectual property rights or those of third parties. This includes the right to download or print a copy of the RAC Vehicle History Check for your own personal noncommercial use.
You are not permitted to:
- reproduce, modify or distribute the Information;
- create a database from the Information; and/or
- commercially exploit the Information; and/or
- allow the transfer of the Information outside the UK other than via the Website; and/or
- sell, transfer, deal in or otherwise make available either the ability to conduct a search or any Information to a third party.
The RAC Vehicle History Check is confidential to you and is intended for your own personal non-commercial use. In particular you should not use the RAC Vehicle History Check to identify any individual (including without limitation the name/address
of the keeper of the vehicle) or use any finance data in the Information for any purpose other than noting interests in the vehicle. No other person has permission to use or rely on any information contained in the RAC Vehicle History Check.
Product names, trade marks or service names or marks or company names mentioned on the Website and in connection with the Services are the trademarks, service marks, or business names of their respective owners.
RAC is a Registered Trade Mark used by CAL under licence from RAC Brand Enterprises LLP.
You are required to comply with the terms of our third party licensor, which are available here.
In the event that we receive a request from the DVLA or another licensor of the Information to amend the format in which the Information is made available
to you we shall do so immediately and update these Terms accordingly.
Using the RAC Vehicle History Check
We will ask you to enter the vehicle registration on the landing page. Once you have submitted payment for the RAC Vehicle History Check, the RAC Vehicle History Check will be delivered to you
electronically via the internet within a few minutes. You will also receive an email from us confirming that payment has been taken and providing you with confirmation of your search where you
will be able to view your search results.
Where you set up any password and login details you are responsible for keeping these details secure and not providing them to any third party. You are responsible for ensuring that any data
submitted to the Website is true and accurate and free from viruses and other harmful code.
The vehicle against which you wish to obtain an RAC Vehicle History Check must be registered in mainland Great Britain or Northern Ireland. For the avoidance of doubt, this does not include
vehicles registered in the Jersey, Guernsey or the Isle of Man.
The RAC Vehicle History Check does not provide information on (a) the physical condition of any vehicle, (b) the roadworthiness or safety of any vehicle, (c) whether the vehicle has been “written off”
(unless it was written off by an insurance company), (d) whether any vehicle is a “clone” bearing a false vehicle registration mark and vehicle identification number, or (e) whether any vehicle
was originally purchased and/or imported from another European Union country other than the UK. You will need to make your own investigations if you require information on any of these aspects
of any vehicle(s) you own or intend to purchase.
To benefit from the Data Guarantee you will need to register the vehicle to which the RAC Vehicle History Check relates.
You will be provided with a link in your confirmation email and once you have registered the terms and conditions in the Schedule of these Terms will apply.
If you wish to make further searches, you will have to pay for the further searches at the appropriate rate.
Providing the Service
We will endeavour to provide the RAC Vehicle History Check substantially as described on the Website and in these Terms. Whilst we use all reasonable care and skill in the supply of the Information to you, the Information has been supplied to us by third parties.
Therefore other than the protection offered by the Data Guarantee we cannot warrant that (nor can we be held responsible for ensuring that) any of the Information provided to you as part of the RAC Vehicle History Check is correct, accurate or
complete.
Delivery & Cancellation
Due to the nature of the RAC Vehicle History Check, and the fact that your search results are delivered to you immediately on payment, we are unable to accept any cancellation from you once you
have submitted payment to us. By purchasing the RAC Vehicle History Check you are requesting that we begin the service immediately and expressly consent to immediate provision of digital content.
By accepting these Terms and purchasing the RAC Vehicle History Check from us, you are confirming and acknowledging that you are waiving your right to a cancellation period. Due to the immediate
delivery of the RAC Vehicle History Check you agree that you will lose your right to cancel the Order once the RAC Vehicle History Check is delivered, downloaded and paid for.
We may terminate or suspend your access to the RAC Vehicle History Check without notifying you if in our view there has been a serious failure by you to comply with your responsibilities in these Terms
(for example misuse of the Information or for fraud). If we do so, we may delete our records of your registration details and data without liability to you.
Problems with the Service
If you have any problems viewing your RAC Vehicle History Check or if you think that anything contained in the RAC Vehicle History Check may be incorrect, please contact our customer services department immediately.
Where you believe that the Information contained in the RAC Vehicle History Check is incorrect, our customer service team may put you in contact with a third party provider Experian who will deal with your complaint in relation to
specific data contained in the RAC Vehicle History Check.
Complaints
If you have any complaints about the service that we provide, please contact our customer services department. At [email protected] or by telephone on 0808 164 1923.
Please be aware that we may record telephone calls you make to our call centres for training, audit and quality purposes.
Our Liability to You
Our Liability to The Terms do not exclude or limit our liability (if any) to you for:
- personal injury or death resulting from our negligence;
- fraud; or
- any matter which it would be illegal for us to exclude or to attempt to exclude our liability.
We use reasonable skill and care in the sourcing and supply of the Information which is made available to you on or in connection with the RAC Vehicle History Check. In the case of information we obtain from third party sources (including the details supplied by you) we cannot guarantee that any of that information is correct, accurate, complete, error free or up-to-date. However, the Data Guarantee does provide you with protection in respect of certain financial losses, the terms of which are set out in the Schedule below.
We are only liable to you for losses which you suffer that are caused directly by our breach of the Terms. We are not responsible to you for any other loss you may suffer (including as a result of negligence), including but not limited to any economic losses that you may incur, lost data, lost profits or any losses related to a business purpose. We shall not be liable to you for events beyond our reasonable control or for any loss which was not foreseeable as an obvious consequence of our breach.
If we are liable to you under the Terms, other than as provided for by the Data Guarantee, you agree that our liability is limited to the amount that you paid to us for the RAC Vehicle History Check.
All other warranties, conditions and representations (other than fraudulent misrepresentations) whether express or implied shall be excluded to the extent that we are legally permitted to do so. You may have other rights granted by law, and the Terms do not affect these.
We take steps to ensure that the Website is free from computer viruses and other harmful computer programs. However, we cannot guarantee this due to the nature of the Internet. You are advised to use appropriate firewall and anti-virus software to protect your computer and data. We are not responsible for any damage caused to any hardware or software used to access the Website, or use or download the RAC Vehicle History Check, unless we have been negligent.
Nothing provided by us on or in connection with the RAC Vehicle History Check is, or shall be deemed to constitute financial, legal or other advice. The Information we provide is not intended to be relied on by you in making (or refraining from making) any specific decision or to replace independent professional advice. Any and all information provided by us on or in connection the Website is for general information purposes only.
Except for the commitments we expressly make in these Terms and any additional commitments arising out of your consumer rights granted by law, we do not make any other commitments or warranties about the Website or the RAC Vehicle History Check.
Price and Payment
The appropriate fees for the RAC Vehicle History Check will be on the landing page on the Website and will be brought to your attention before you purchase the RAC Vehicle History Check. You can click on the fee for your chosen product and then you will be required to pay the fee in advance of any search being undertaken.
Prices are subject to change at any time by us posting details of the new prices on the Website. The prices on the Website do not include all taxes, including VAT, which you may have to pay in respect of the RAC Vehicle History Check.
You must pay for the RAC Vehicle History Check when you place the order and you can do this by Visa, Visa Debit, Visa Electron, Mastercard Debit, Mastercard Credit, Maestro and International Maestro. If we are unable to accept your order for any reason then we will either not debit your debit or credit card or refund any money we have already debited in respect of that order. You will not receive the RAC Vehicle History Check until we have received payment in full from you.
General Terms
These Terms govern our relationship with you, the purchaser of the RAC Vehicle History Check, and forms the entire agreement between us. You may not transfer, assign or in any way make over to any third party the benefit of the Terms or any part of it.
No third party has the right to enforce these Terms by virtue of the Contracts (Rights of Third Parties) Act 1999.
Any notices we send to you will be sent to the most recent e-mail address or postal address provided to us by you or on your behalf by a third party. The Terms, and all correspondence in relation to it, will be in English.
If any provision of the Terms is held to be invalid or unenforceable in whole or in part, the validity of the other provisions of the Terms and the remainder of the provision in question shall not be affected.
The Terms is governed by the laws of England & Wales. If a dispute arises between us, the Terms shall be subject to the exclusive jurisdiction of the courts of England & Wales.
Schedule 1: Data Guarantee
Please make sure that you have read and understood the terms and conditions relating to the Data Guarantee. In order to benefit from the protection of the Data Guarantee, you must take certain steps before purchasing the vehicle and the Data Guarantee is subject to conditions and exclusions.
1.1 How to register the Data Guarantee
Each time you purchase the RAC Vehicle History Check, you shall be entitled to register one vehicle for the Data Guarantee.
Provided that you register your chosen vehicle (and subject always to the Data Guarantee terms and conditions set out in this Clause 10), if you believe or discover that specific information or data provided to you as part of any RAC Vehicle History Check is incorrect, inaccurate or incomplete, then you may be entitled to make a claim under the Data Guarantee. Please see the Data Guarantee terms and conditions below for further details.
1.2 Your Duty of Disclosure
The Data Guarantee provided to you is based on the information you provided to us. You must ensure that any information you provide us is complete and accurate, and that you disclose any facts that may influence our decision to accept and pay a valid claim should a claim arise. Failure to disclose important information relevant to your claim may invalidate your Data Guarantee and could result in the claim not being paid.
1.3 Scope of Data Guarantee
For the avoidance of doubt, the Data Guarantee only provides cover in relation to the specific data provided to you as part of the RAC Vehicle History Check. You will need to make your own arrangements to assess the condition of the vehicle and ensure that it is safe and legal for you to drive any vehicle you purchase as a result of conducting an RAC Vehicle History Check.
The losses against which you will be protected by the Data Guarantee (the "Losses") are certain financial losses which are set out below.
1.4 Protection provided by the Data Guarantee
The "Losses" which the Data Guarantee provides coverage against are certain financial losses arising from issues in the information provided to you in the RAC Vehicle History Check as set out below:
The mileage sequence check in the RAC Vehicle History Check does not take into account MOT data which maybe more up to date than the national mileage register which the sequence check is based on. Where possible the customer should always check the provided MOT history for any mileage discrepencies.
| Issue with Information | Description of Loss | Limit of Protection |
|---|---|---|
| At the time the Vehicle Check was performed, the vehicle was subject to a finance agreement which was not shown in the results of the Vehicle Check | If you are unable to obtain good title to the vehicle as a result of the finance agreement not shown in the results of the Vehicle Check, we will make payment (up to the Limit of Protection) to the relevant lender under such finance agreement to enable you to obtain full title to the vehicle. | The lower of (i) the market value* of the vehicle at the time the claim is made; or (ii) .£30,000 |
| At the time the Vehicle Check was performed, the vehicle was recorded as a Category A or B insurance write-off by an insurer, but this was not shown (or not shown correctly) in the results of the Vehicle Check. | Up to the Limit of Protection, we will pay you an amount equal to the purchase price you paid for the vehicle (less any scrap value you receive for it). | The lower of (i) the market value* of the vehicle at the time the claim is made; or (ii) £30,000 |
| The vehicle was reported stolen prior to the Vehicle Check being performed, however, the results of the Vehicle Check did not show a stolen vehicle marker | Up to the Limit of Protection, we will pay you an amount equal to the purchase price you paid for the vehicle. | The lower of (i) the market value* of the vehicle at the time the claim is made; or (ii) £30,000 |
| At the time the Vehicle Check was performed, the vehicle was recorded as an insurance write-off by an insurer (other than a Category A or B writeoff) but this was not shown (or not shown correctly) in the results of the Vehicle Check |
Either: (1) where you retain ownership of the vehicle, the reduction in the market value* of the vehicle as a result of the missing insurance marker coming to light; or (2) where you have sold the vehicle, the market value* of an identical vehicle without the insurance loss marker which was omitted from the Information less the price you received for the vehicle In each of the above cases, the market value of the vehicle is the market value at the time of the claim under the Data Guarantee. |
The lower of 50% of the market value* of the vehicle at the time the claim is made or £15,000 |
|
At the time the Vehicle
Check was performed,
the vehicle was an
Import or Export but
this was not shown in the
results of the Vehicle
Check.
“Import” means a vehicle has been used outside of the European Union before its first registration with the DVLA. “Export” means that DVLA records show that a vehicle had been exported outside of the United Kingdom (including to another European Union country) at the time the Vehicle Check Service was performed. |
The reduction in the market value of the vehicle calculated on the day that the claim is made under the Data Guarantee. Up to the Limit of Protection, we will pay you an amount equal to the reduction in the market value* of the vehicle as a result of the missing or incomplete import or export marker coming to light, as calculated on the day the claim is made. | The lower of 10% of the market value* of the vehicle or £3,000 |
| The number of registered keepers shown in the results of the Vehicle Check is lower than the number of registered keepers recorded with the DVLA up to the date on which the Vehicle Check was performed. | You do not need to suffer an actual financial loss in these circumstances. We will pay you the Limit of Protection in the event that such a data issue arises in the Information | £250 |
| The results of the Vehicle Check specify a colour which is different to colour recorded with DVLA for the vehicle. | You do not need to suffer an actual financial loss in these circumstances. We will pay you the Limit of Protection in the event that such a data issue arises in the Information | £50 |
| The mileage shown in the results of the Vehicle Check is different to a previous higher reading recorded in any other mileage database and you have provided a mileage record for the vehicle to us which shows that the previous higher reading was correct. | You do not need to suffer an actual financial loss in these circumstances. We will pay you the Limit of Protection in the event that such a data issue arises in the Information. | £250 |
The limit of protection set out above is the maximum amount that we will pay you in the event of a successful claim under the Data Guarantee for each of the Losses specified.
The market value referred to above is determined with
reference to the retail value of the vehicle published in Glass's Guide (published by Glass's Information Services Limited) adjusted for the mileage of the vehicle.
Conditions of the Data Guarantee
You must carry out the following checks before you purchase the vehicle:
- Confirm that the vehicle identification number (VIN) in the RAC Vehicle History Check matches the vehicle identification number (VIN) on the vehicle and in the vehicle registration certificate (V5C).
- Confirm that the vehicle registration mark (VRM) in the RAC Vehicle History Check matches the vehicle registration mark (VRM) on the vehicle and in the vehicle registration certificate (V5C).
- Confirm that the other details provided in the RAC Vehicle History Check match those of the vehicle and the vehicle registration certificate (V5C).
- Confirm the full name of the seller of the vehicle and verify this by checking their passport or driving licence.
- Confirm the address of the seller of the vehicle and verify this by checking a utility bill.
- Confirm the contact details of the seller of the vehicle.
- Confirm that the seller of the vehicle will provide you with a valid receipt which states the amount you paid for the vehicle and the date you purchased the vehicle. This receipt must also be signed by the seller. You must also ensure you obtain this receipt following the purchase.
In order to successfully make a claim under the Data Guarantee, you must have carried out all of the above checks and acted as a reasonably prudent purchaser. This means that where you have good reason to suspect the vehicle is not genuine or that you have been given incorrect information by the seller, you must take precautions to avoid Losses when purchasing the vehicle by:
- carrying out the above checks and
- checking that all information supplied by the seller of the vehicle is correct.
For the avoidance of doubt, you are expected to take into account the information provided in the RAC Vehicle History Check in acting as a reasonably prudent purchaser.
In order to make a successful
claim under the Data Guarantee, the following conditions must be met:
- You must be aged 17 years or older.
- You must have purchased both the RAC Vehicle History Check for the vehicle and the vehicle itself.
- The RAC Vehicle History Check must be carried out before you purchase the vehicle.
- If the vehicle is more than 3 years old, the vehicle must be purchased with a valid MOT certificate.
- If the vehicle has been purchased from a private individual, it must be purchased from the person named as the "registered keeper" on the vehicle registration certificate (V5C).
- You must inspect the vehicle registration certificate (V5C) before you purchase the vehicle to confirm that you are purchasing the vehicle from the registered keeper.
- The vehicle must be purchased inside the United Kingdom.
- You must provide us with correct and complete information about the vehicle when you request the RAC Vehicle History Check.
- The vehicle identification number (VIN) must correspond with the vehicle registration mark (VRM) held by the Driver and Vehicle Licensing Agency ("DVLA") in respect of that vehicle identification number (VIN).
- We have a right to inspect the vehicle once you have made a claim. If we choose to exercise this right, you must allow us to carry out this inspection.
- You must provide us with evidence of any Losses, such as receipts, and any other documentation that we might reasonably require to assess your claim.
- You must be acting as a consumer, and not acting for purposes relating to your trade, business, craft or profession, or on behalf of another person.
1.6 Exclusions from the Data Guarantee
The Data Guarantee will not provide protection against Losses in the following circumstances or for the following losses or expenses:
- The vehicle has a false vehicle registration mark (VRM) or vehicle identification number (VIN).
- The Loss, whether arising from the loss, destruction of or damage to the vehicle, occurs after the date of the RAC Vehicle History Check.
- The Loss is in respect of any business or trade organisation.
- The Data Guarantee does not provide protection for cash payments which exceed £1000 or 10% of the purchase price of the vehicle (whichever is the lower).
- The mileage of the vehicle shown in the RAC Vehicle History Check is different to a previous higher reading recorded in any other mileage database or is different to mileage displayed on the vehicle or accompanying documentation.
- The colour of the vehicle shown in the RAC Vehicle History Check is different to the colour recorded by the DVLA
- Details of the registered keeper (including the number of keepers and/or dates of any changes to the registered keeper) or information identifying that the vehicle has been imported or exported is not held by the DVLA.
- You have paid an unreasonable purchase price for the vehicle. An unreasonable price is deemed to be a price which is less than 70% of the market value of the vehicle determined in reference to the retail value published in Glass's Guide and adjusted for mileage.
- Losses arising for vehicles other than cars, motorcycles or light commercial vehicles weighing up to 3.5 tonnes.
- Losses resulting from the vehicle not being registered with the DVLA in the United Kingdom or from a vehicle which bears a vehicle registration mark (VRM) with the prefix or suffix "Q" or losses in respect of vehicles registered in Jersey, Guernsey or the Isle of Man.
- Losses arising from any incident prior to the vehicle first being registered with the DVLA.
- Losses arising in respect of a vehicle which was stolen in a jurisdiction other than the [mainland] United Kingdom.
- Losses in respect of the vehicle’s description, value, documentation, condition or roadworthiness.
- Losses not included in the table above under the heading “Protection provided by the Data Guarantee” including financial losses.
- You have proceeded to purchase the vehicle despite the details provided by the seller not matching the information provided in the RAC Vehicle History Check.
- You had prior knowledge of the circumstances giving rise to the claim.
- You have failed to act as a reasonably prudent purchaser as set out at Conditions of the Data Guarantee above.
- You have ignored any information in the RAC Vehicle History Check which would have put a reasonably prudent purchaser on notice that the vehicle should not be purchased.
- You knowingly make a falseor fraudulent claim under the Data Guarantee.
1.7 Duration of Protection Provided by the Data Guarantee
The Data Guarantee will provide protection against the Losses for up to 12 months following the date of the RAC Vehicle History Check.
1.8 Making a Claim
If you wish to make a claim, you need to contact the Colewood Automotive Limited in the first instance using the contact details in the Terms.
Voucher Codes Terms and Conditions
- By purchasing a RAC Vehicle History Check you will be deemed to have accepted and be bound by these terms and conditions.
- The voucher codes are only for use on the RAC Shop (https://www.racshop.co.uk)
- The Voucher codes are only valid for orders placed online.
- The Voucher codes entitle you at the time of ordering, a saving on a new order placed at the RAC Shop
- The RAC Shop reserves the right to decline to accept orders where, in its opinion, a voucher code is invalid for the order being placed.
- Voucher codes are only valid on specific products while stocks last and may be withdrawn at any time.
- Voucher codes are not valid in conjunction with any other promotion. Offer is not valid on sale items or other discounted items.
- In the event of product returns, refunds will be given for cash used in the original purchase once the discount is applied, less any shipping charged on the original order.
- In the event of part of the order being returned, the value of the discount applied on that order will be spread between the goods proportionately. The sum in cash exceeding this value, less any shipping, costs charged on the original order, will be returned to the customer. The promotional discount will not be applied to replacement items, if the offer is still valid at the time of making a return – you should place a new order using the original promotional code.
- In the event of any returns meaning that the order no longer qualifies for the promotion advertised, the RAC Shop reserves the right to deduct the value of the offer from the refund
- The voucher codes are non-refundable and cannot be exchanged for any cash alternatives in whole or in part.