Disclaimer & Limitation of Liability

1. Nature of the service

CarCostCheck is an information aggregation service. We collect, format and present data supplied by third parties including, but not limited to, the Driver and Vehicle Standards Agency (DVSA), the Driver and Vehicle Licensing Agency (DVLA), Experian Limited, and other licensed data providers. We do not independently inspect, test, drive, physically examine, appraise or verify any vehicle.

A CarCostCheck report is not a mechanical inspection, a vehicle examination, a roadworthiness certificate, a valuation survey, an insurance appraisal, legal advice, financial advice, or a recommendation to buy, sell, finance, insure, or otherwise deal with any vehicle. Any purchase, sale, finance, insurance, or ownership decision is made entirely at your own risk and judgement.

2. Source data — “as-is” basis

All data displayed in our reports is provided to us by third-party sources on an “as-is” and “as-available” basis. Those sources retain sole control over the accuracy, completeness, timeliness and availability of the underlying data. We do not and cannot warrant that the information supplied to us by those sources is accurate, complete, current, fit for any particular purpose, or free from error or omission.

In particular, you acknowledge and accept that:

• Records held by DVLA, DVSA, Experian, police forces, insurers, finance houses and other contributing bodies may be incomplete, out-of-date, delayed, incorrectly entered, or missing entirely.
• A vehicle may be subject to finance, theft, insurance loss, scrappage, export, plate changes or other events that have not yet been reported to, recorded by, or propagated through the databases we query.
• Reports reflect the state of the source databases at the moment we query them. Data can change after the report is produced, and historical reports are a snapshot only.
• Cached reports may be served within a short freshness window to manage system load; if you require the most up-to-date position you should request a fresh check immediately before relying on it.
• We do not conduct physical inspections. A clean report is not a guarantee of mechanical condition, safety, title, or ownership.

3. No warranties

To the fullest extent permitted by law, CarCostCheck expressly disclaims all representations, warranties, conditions, terms and undertakings of any kind, whether express or implied, statutory or otherwise, in relation to the website, the reports, and any data contained within them. This includes, without limitation, any implied warranties of accuracy, completeness, merchantability, satisfactory quality, fitness for a particular purpose, title, non-infringement, or any warranty arising from a course of dealing or usage of trade.

Nothing in this disclaimer is intended to exclude or limit any right you have as a consumer that cannot lawfully be excluded or limited.

4. Your responsibility to verify

Before making any financial, legal, safety or purchase decision you must independently verify the information in your report. We strongly recommend that, at a minimum, before purchasing or taking delivery of any used vehicle you:

• Physically inspect the vehicle and VIN plates, and compare them to the V5C logbook.
• Obtain an independent pre-purchase mechanical inspection from a qualified engineer (for example the AA, RAC or an HIA member).
• Contact any named finance house, insurer, police force or other body directly to confirm the current position.
• Check the DVLA vehicle enquiry service and MOT history service at gov.uk to cross-reference tax, MOT, and recall status.
• Obtain your own written valuation before agreeing a price.

A CarCostCheck report is a supplement to, and not a substitute for, your own due diligence.

5. Limitation of liability

Subject always to section 6 below, and to the fullest extent permitted by law:

• CarCostCheck, its directors, employees, agents, affiliates and suppliers shall not be liable to you or any third party for any loss or damage of any kind arising out of or in connection with your use of the website, any report, or any data supplied through the service, whether in contract, tort (including negligence), breach of statutory duty, misrepresentation, restitution, or otherwise.
• In particular, we shall have no liability whatsoever for: (a) loss of profits, revenue, savings, business, contracts, opportunity, goodwill or reputation; (b) loss of or damage to data; (c) any purchase, sale, or transaction entered into in reliance on a report; (d) the price paid for any vehicle; (e) the cost of repairing, recovering, storing, insuring, disposing of, or replacing any vehicle; (f) any fine, penalty, clamp, tow, seizure or legal action taken against you or any vehicle; (g) any diminution in value of any vehicle; (h) any indirect, special, incidental, consequential, punitive or exemplary loss; and (i) any loss that was not reasonably foreseeable at the time you used the service.
• Our total aggregate liability to you for all claims, losses, costs and expenses arising out of or in connection with any single report, whether in contract, tort (including negligence), breach of statutory duty or otherwise, shall in no event exceed the total amount you paid us for that specific report. For free reports our total aggregate liability shall be limited to £1 (one pound sterling).
• You agree that these limits are reasonable having regard to: (i) the low price of the service relative to the value of the vehicles it concerns; (ii) the availability of physical inspection and insurance products in the market; (iii) the fact that we do not control the underlying source data; and (iv) your own responsibility to verify information before acting on it.

6. What we do not exclude

Nothing in this disclaimer or anywhere else on this website excludes or limits our liability for:

• death or personal injury caused by our negligence;
• fraud or fraudulent misrepresentation;
• any statutory right you have as a consumer under the Consumer Rights Act 2015 that cannot lawfully be excluded or limited;
• any other liability that cannot be excluded or limited under the law of England and Wales.

If any part of this disclaimer is found by a court of competent jurisdiction to be unenforceable, the remaining provisions shall continue in full force and effect.

7. Third-party data suppliers

Certain data in our reports is licensed from third-party suppliers including Experian Limited. Experian data is provided for your personal, non-commercial use only. Experian and its sub-contractors give no warranty as to the accuracy, completeness or timeliness of that data, and have no liability to you in respect of it. Any claim in relation to Experian data lies against us under these terms and is subject to the limits set out in section 5.

Public sector information is licensed under the Open Government Licence v3.0. Data sourced from gov.uk remains Crown Copyright.

8. No professional advice

Information on this website is provided for general informational purposes only. It is not, and must not be treated as, legal advice, financial advice, insurance advice, tax advice, engineering advice or any other form of professional advice. If you require professional advice in any of these areas you must consult an appropriately qualified professional.

9. Trade and bulk users

If you are a motor trade, finance, insurance, auction or other business user, you accept that you are dealing with us on a business-to-business basis. The Consumer Rights Act 2015 does not apply to your use of the service, and the limitations and exclusions in section 5 apply to you without restriction. You acknowledge and agree that you use the service entirely at your own risk and that any reliance placed by you on any report is at your sole risk.

10. Indemnity

You agree to indemnify, defend and hold harmless CarCostCheck, its directors, employees, agents, affiliates and suppliers from and against any and all claims, liabilities, damages, losses, costs and expenses (including reasonable legal fees) arising out of or in connection with: (a) your use or misuse of the website or any report; (b) any onward communication, sale, republication or commercial exploitation of data contained in a report; (c) your breach of these terms, the Terms & Conditions, or the Privacy Policy; or (d) any reliance placed on a report by any third party to whom you have passed it on.

11. Governing law and jurisdiction

This disclaimer, 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), shall be governed by and construed in accordance with the law of England and Wales. You and we both agree that the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim, save that we retain the right to bring proceedings against you for any breach of these terms in any jurisdiction in which you are resident or in which you have assets.

12. Changes to this disclaimer

We may update this disclaimer at any time without prior notice. The version in force at the time you use the service or purchase a report is the version that applies to you. The current version is always the one published at carcostcheck.co.uk/disclaimer.

13. Contact

If you have questions about this disclaimer, please contact us at hello@carcostcheck.co.uk.