Carchecker Ltd (« Carchecker », or the « Company ») operates auto-cote.com (the « Site », which includes all sub-domains) and provides users (each user, « you ») with a web-based application accessible on a subscription basis (referred to as the « Application »). These Terms and Conditions of Service (the « Terms and Conditions ») constitute a binding agreement between you and Carchecker Ltd regarding your use of the Site, the Application and any related services we may offer (the « Services »). As used in these Terms and Conditions, a « device » means any computer, phone, tablet or other hardware on which the Application is running.
By using the Services, you represent that you (i) are legally able to do so, (ii) are of the age of majority in the jurisdiction in which you reside and (iii) have the authority to enter into a contract with us. You must expressly accept these Terms and Conditions and the Privacy Policy when you first access the Application.
WHEN YOU PAY FOR A SUBSCRIPTION TO THE SERVICES, YOUR SUBSCRIPTION WILL BE AUTOMATICALLY RENEWED FOR ADDITIONAL PERIODS OF THE SAME DURATION AS THE INITIAL SUBSCRIPTION AT THE RATE THEN APPLICABLE TO THESE SERVICES, UNTIL YOU TERMINATE YOUR SUBSCRIPTION AS PROVIDED IN ARTICLE 5.3.
Any dispute or claim arising out of these Terms or relating to the Services will be governed and interpreted in accordance with the laws of the United Kingdom.
We may modify these Terms at any time. When we do so, we will post the updated Terms on this page, and if the changes are significant, we will notify you by email or through the Services, as applicable. Any modification of the Terms will take effect immediately for new users and thirty (30) days after being posted on the Site for existing users.
You may review our Frequently Asked Questions, send an e-mail to support@auto-cote.com, or write to CarChecker Ltd, 85 Great portland Street, W1W 7LT, London, UNITED KINGDOM with any complaints or questions regarding these Terms and Conditions or the Services.
The Services described in these TOS are provided by CarChecker Limited, a company registered in the United Kingdom under number 15048255, whose registered office is located at 85 Great Portland Street, W1W 7LT, London, UNITED KINGDOM and whose intra-community VAT number is GB447650476.
The Customer has the option to contact the Company:
In these CGS, capitalized terms have the following meaning, whether used in the singular or plural:
Subscription : means the contract to which the Subscriber has subscribed with the Company in order to benefit from PRO Services for a limited and tacitly renewable period.
Customer : refers to any user of the Site who has subscribed by subscription to PRO access
Account : refers to the Customer's personal space on the Website, accessible using a personal identifier and password, enabling them to manage their identification details, access the Services and, where applicable, take out a Subscription. The Account is accessible on the Website under the heading « My Account ».
General Terms of Service : refer to these General Terms of Service
Documents : refer to the cerfa forms, administrative situation certificates, or any other documents made available to the Customer from their user space.
Personal Data : refer(s) to the personal data of Customers collected and processed by the Company in the context of the Services, and this in accordance with the terms and conditions as defined in the Privacy Policy
Business Days and Hours : from Monday to Friday from 9 a.m. to 7 p.m., excluding public holidays in France
Services : means the Services in the PRO offer and/or the services accessible free of charge provided that the Customer creates an Account and fully accepts these GTS and the Subscription Policy.
PRO Services : means the PRO services provided by the Company as part of the Subscription, which are described on the Website on the dedicated page accessible from the bottom of the page.
Website : refers to the online service published by the Company, accessible notably at the address https://auto-cote.com
Company : refers to the company Carchecker Limited, registered in the Register of Commerce of the United Kingdom under number 15048255, whose registered office is located at 85 Great Portland Street, W1W 7LT, London, UNITED KINGDOM, with the intra-community VAT number: GB447650476
The Company has built up a range of Services covering the needs of motor trade professionals, and in particular used vehicle dealers, to cover the procedures they carry out on a daily basis
This service provided by the Company consists of offering the Subscriber access to its market value by identifying a vehicle model, its options and its mileage.
The Customer and Subscriber can thus consult and save the results of their searches according to their particular needs under the conditions and within the limits of these GCS.
Subscribers have access to a tool that allows them to retrieve useful information by entering the make, model and version of a vehicle:
The Company also provides the Subscriber with access to forms that make it easy to complete the necessary certs online when selling a used vehicle.
The Company allows the Subscriber to order up to 10 Cri'Air stickers each month.
The Company makes it easy for the Subscriber to retrieve the Certificate of Administrative Status of a vehicle, making it possible to check that there are no pledges or administrative seizures.
The Subscriber also benefits from assistance provided by the Company for any queries they may have about the Website and/or the PRO Services offered on it.
This support service is accessible during working days and hours by e-mail at the following address: support@auto-cote.com
The Company will use its best endeavours to respond as quickly as possible during Working Days and Hours to requests made by the Subscriber as part of the assistance service
The Subscriber acknowledges and accepts that this assistance relates solely to the use of the Website and Services and is not of any legal nature whatsoever. The helpline has neither the skills nor the capacity to provide the Customer or Subscriber with assistance relating to the relevance of a result, in particular to the Customer's particular needs.
5.1.1 – The Customer must create an Account on the Website in order to subscribe to the Services. The creation of an Account implies acceptance of the T&Cs, the Subscription Policy and the Privacy Policy.
To create an Account, the Customer must provide the Company with the information requested and required for identification.
Among the personal information, the Customer provides in particular a single valid and functional email address that can be used as an identifier of his account and is in operating state, for the customer to make, if applicable, any modificationin use of the said email address.
The Customer guarantees the accuracy, sincerity and reliability of the information entered in his account, including his customer quality, and undertakes to keep them up to date and as soon as possible.
Consequently, the company cannot be held responsible for the lack of diligence of the customer in the modification and/or updating of information concerning him.
In the event of erroneous or deceptive information, the Company reserves the right (i) to suspend or break any contractual relationship with the customer (ii) and/or suspend access from the latter to his account.
5.1.2 – The Account will be automatically and permanently created after the payment of the trial offer.
The customer will need to log in for the first time by clicking on 'My Account,' entering their email, and defining
a password. The customer can request to change their password using the 'forgot password' function.
These elements are strictly personal: the customer undertakes to keep them confidential and not to transmit them to third parties.
The customer and its users are solely authorized to access and use the account using the identifier and password.Any access to the account with the customer's identifier and password is automatically deemed to have been carried out by the latter and under his responsibility.
Consequently, in the event of loss, theft or any fraudulent act with regard to the customer's identifier and password, it is up to the customer to inform the Company as soon as possible and, if necessary, to therequest from the company, to justify on this occasion of its identity by all means.
On receipt of a duly justified notification, the Company will send the Customer a new identifier and password, which the Customer is responsible for keeping strictly confidential.
Subscription to the subscription provides access to professional services.Subscription to the subscription is made from the account by completing the information requested on the dedicated page of the website.
The pro subscription is designed for professionals but is also accessible to individuals.
Failure to comply with all or part of the obligations taken out under these CGS, and in particular concerning any payment incident of the subscription price, may lead to the right for the company to suspend the account and/or to refuse to the'Subscribed any new subscription to the subscription to the regularization of its situation.
Once the subscription to the subscription has been settled and finalized, a written confirmation is sent to the subscriber by email, summarizing the subscription subscribed, the price and the terms of use of the services pro the case.
The subscription is subscribed for a fixed period of one month from the confirmation by the Subscription Payment Company, renewable by tacit renewal for an identical period, except termination by the Subscriber and/or the Company to everythingmoment under the conditions of this article.
In the presence of a test offer, the pro services are subscribed for a fixed period as indicated in the said test offer, then, in the absence of termination within the required deadlines with regard to the said test offer, fora period of one month.
The company may terminate the subscription by email.
To cancel the Subscription, the Subscriber may (i) log into their Account and select the ‘Unsubscribe’ section; or (ii) send an e-mail to the contact address provided that they contact us from the e-mail address registered on their Account.
The subscriber is informed that his request for termination will take effect from the month following the request, any period of subscription started being due.
The prices indicated on the website are expressed in euros, all taxes included, for flat -rate access to the pro services and for the duration indicated in article 6.
Prices can be subject to any modifications by the company at any time: the applicable prices are those in force and accessible on the website on the subscription date of the subscription.
Certain advantageous pricing conditions may be granted on an exceptional basis to selected Customers, at the sole discretion of the Company. They may result in reduced invoicing compared to previous payments or standard prices displayed. However, these one-off adjustments cannot be interpreted as a structural modification of the current pricing schedule.
In accordance with article L. 221-28 of the French Consumer Code, the right of withdrawal may not be exercised for (i) contracts for the provision of services that are fully executed before the end of the withdrawal period and whose execution has begun after the prior express agreement of the consumer Customer and express waiver of his/her right of withdrawal and (ii) contracts for the supply of products made to the specifications of the consumer Customer or clearly personalised.
In addition, in accordance with article L.221-25 of the French Consumer Code, a consumer Customer who exercises his right to withdraw from a contract for the provision of services, the performance of which has begun, at his express request, before the end of the withdrawal period, remains liable for the amount corresponding to the service provided until he communicates his decision to withdraw.
As access to the services is fully acquired from the moment of subscription, and the Subscriber has agreed to waive his/her withdrawal period in order to access them immediately, the price for the current month is due in full.
In order to access PRO Services, the Subscriber must log in to their Account via the « Log in » section.
The Subscriber may consult as much content as they wish and use it under the conditions and within the limits of the licence granted to them in application of article 7 of the GTS.
However, the Subscriber is informed that the number of accesses to certain documents may be limited depending on the Subscription.
Notwithstanding the unlimited nature of access and use, and without prejudice to the provisions of article 7.1.4, the Subscriber undertakes only to download content that he reasonably needs.
The Subscriber acknowledges that access to PRO Services is reserved for his/her use and therefore undertakes to ensure that no third party can access them directly or indirectly.
The Subscriber undertakes to ensure that its Users comply with these CGS.
The Subscriber undertakes to use the PRO Services in strict compliance with applicable laws and regulations.
Failure by the Customer or the Subscriber to comply with their obligations as defined in article 6 and/or 7 of the GTS constitutes a serious breach of the GTS which may result, at the Company's discretion, in the suspension of the PRO Services and/or the termination of the GTS to the exclusive detriment of the Subscriber, without this giving rise to any right to compensation or the award of damages to the Subscriber.
The Company makes every effort to ensure that its Internet Site and PRO Services are available 24 hours a day and 7 days a week, regardless of maintenance operations, including the server(s) on which the Internet Site and/or PRO Services are hosted. However, the Company reserves the right to modify or interrupt, at any time, temporarily and for a reasonable period, all or part of the Internet Site and/or PRO Services, without informing the Subscriber in advance and without entitling the Subscriber to compensation.
8.1.1 – The Company grants the Subscriber a personal, non-exclusive and non-transferable licence to use the Website, PRO Services and content for its own internal use (excluding any company in its group: parent company, subsidiary, sister company, etc.), within the framework of its own professional needs, without however being able to provide for widespread internal distribution, and subject to the conditions and limits specified in this article 7.
8.1.2 – This licence is granted for the duration of the Subscription, including the distribution of Content under the conditions and within the limits specified in this article 7.
8.1.3 – Unless otherwise stipulated, this licence is granted for use by and on the Subscriber's computer workstations.
8.1.4 – The Subscriber acknowledges and accepts that the personal use thus granted by the Company excludes access to the Website and/or Services and/or content by any third party other than Users and/or with a view to collective use and/or direct or indirect commercial use.
8.1.5 – The Subscriber is therefore prohibited, unless otherwise stipulated, both free of charge and against payment, from (i) any reproduction with a view to marketing, putting into circulation, rebroadcasting, distributing or publishing the Internet Site, PRO Services and/or content to third parties, and/or ; (ii) any representation, even partial, particularly by means of communication to the public on line to third parties, of the Internet Site, PRO Services and/or content; (iii) the resale, exchange, rental or transfer to a third party of the Internet Site, the PRO Services and/or the content (iv) the modification, adaptation, correction or carrying out of any reverse engineering operation or other transformation of the source code of the Internet Site, the PRO Services and/or the content.
8.1.6 – The Subscriber irrevocably acknowledges and accepts that access to the Website, the PRO Services and the content made available by the Company does not imply any transfer of intellectual property rights and other rights relating thereto to the Subscriber, which remain the property of the Company and/or its suppliers, and that the Subscriber has no licence rights other than those conferred by this article 7.
8.1.7 – The Subscriber undertakes to retain all references to the source of the Website, PRO Services and/or Content.
8.2.1 – The Company is the holder and/or licensee of all intellectual property rights in both the general structure of the Website and its content (texts, slogans, graphics, images, videos, photos, and other content).
8.2.2 – The Subscriber's access to the Website does not confer any rights to the intellectual property rights relating to the Website, which remain the exclusive property of the Company.
8.2.3 – In particular, the Subscriber undertakes not to reproduce, represent, modify, transmit, publish, adapt, on any medium whatsoever, by any means whatsoever, or exploit in any way whatsoever, all or part of the Website without the prior written authorisation of the Company.
8.3.1 – The Subscriber irrevocably acknowledges the rights held by the Company over the Content it makes available as part of the PRO Services in its capacity as producer of databases within the meaning of the provisions of articles L.341-1 et seq. of the French Intellectual Property Code.
8.3.2 – Consequently, in accordance with the provisions of article L. 342-1 of the same Code, the Subscriber undertakes not to :
The Company is subject to an obligation of means, to the exclusion of all others, with regard to the quality, accuracy, completeness and integrity of the Content, as well as with regard to the date of its publication. The Company makes every reasonable effort to ensure that the Content is as up-to-date as possible.
However, to the fullest extent permitted by law, the Subscriber is informed that Auto Cote+ Services and Content are provided by the Company as they stand, in particular as they have been transmitted by its suppliers, without any guarantee relating in particular to availability or content. As such, the Company offers no guarantee and is under no obligation to verify the Content supplied to it by its partners and/or published on the Website.
In any event, the Subscriber acknowledges that some Content may be erroneous and/or out of date and accepts a certain margin of error, such as the fact that some Content may be published on the Website after its official publication date; the Company cannot be held liable in this respect.
The Subscriber is in no way exempt from obtaining information directly from the competent official and administrative services. In this respect, the Subscriber undertakes to take note, where applicable, of the warnings displayed when accessing or consulting the PRO Services. It is the Subscriber's responsibility to check the accuracy of the Content before using it.
The Subscriber is solely responsible for his or her interpretation and/or use of the Content, in particular as regards the consequences (i) of the Subscriber's use, analysis, interpretation and/or dissemination of the Content (ii) of inaccuracies, errors, obsolescence or omissions in the Content. The Content can only serve as an indication and never as a guarantee, its sole purpose being to guide the Subscriber in his or her personal analyses or approaches. The Subscriber guarantees the Company against all consequences of this use.
It is the Subscriber's responsibility to use the Content in accordance with the regulations in force. The Subscriber therefore undertakes not to use the Content and/or Contact Data in contravention of the applicable legislation and in particular the Regulation on the protection of individuals with regard to the processing of personal data and on the free movement of such data.
In any event, the Company may not be held liable (i) in the event of use of the PRO+ Services and/or the Website by the Subscriber under conditions that do not comply with the terms of these GCS (ii) if performance of one of its obligations is prevented or delayed due to a case of force majeure as defined by article 1218 of the French Civil Code, and in particular natural disasters, fire, malfunction or interruption of the telecommunications network or the electricity network.
As an essential determining condition without which the Company would not have entered into these GTS, the Company's liability under these GTS is equivalent to the total sums received by the Company in respect of the monthly Subscription taken out by the Subscriber, up to a limit of, where applicable, twelve (12) months of Subscription subscription for any direct damage suffered by the Subscriber, to the exclusion of any indirect damage such as loss of activity, turnover, margin, expected savings, productivity, clientele, damage to image, etc., for which the Company is not liable.
The Subscriber's Personal Data is processed in accordance with the Privacy Policy, which can be accessed by clicking here. here
Unless otherwise stipulated in these GTS, correspondence between the Company and the Subscriber is exclusively by electronic mail.
Pursuant to articles 1365 and following of the Civil Code, the subscriber recognizes and accepts that the information issued by the Company by email and on the account (excluding as the need for content) are proof of between them and theCompany.
The elements such as the time of receipt or emission, as well as the quality of the data received will be faithful as a priority as appearing on the account, or as authenticated by the Company's computerized procedures, exceptthe written proof and contrary by the subscriber.
The scope of proof of the information thus issued by the account (excluding as a need for content) is that granted to an original within the meaning of a paper written document, signed in a handwritten manner.
These GCS express the entirety of the obligations of the Company and the Subscriber. The fact that one of the parties does not take advantage of a breach by the other party of any of the obligations referred to herein shall not be interpreted for the future as a waiver of the obligation in question.
In the event that one or more stipulations of these GCS are considered null and void, deemed unwritten or declared as such in application of a law, a regulation or following a decision of a competent court with final authority, the other stipulations will retain all their force and scope and will remain fully applicable, unless the invalid stipulation(s) were of a substantial nature and their disappearance would call into question the contractual balance.
In the event of difficulties of interpretation between one of the headings appearing at the top of the clauses of these GTS and one of the clauses, the headings will be declared non-existent.
For any complaint of a technical nature or relating to the operation of the Website and/or Services, the Subscriber is invited to send a request by e-mail or by post to the Company's address.
Claims must be lodged within twelve (12) months, failing which they will become time-barred and void.
These GTCS are governed by English law.
In the event of a dispute likely to occur in relation to these CGS, their interpretation and their consequences or with the acts supplementing or modifying them, the subscriber will add to the company to obtain an amicable solution.
Failing amicable settlement, to the extent permitted by law, either party may bring its claim before the competent court in London.