Terms of service

1

Introduction

1.1

Carchecker Ltd ("Carchecker," or the "Company") operates: domain (the "Site," which includes all subdomains) and provides users (each user, "you") with a web application accessible as a subscription (referred to as the "Application"). These General Terms of Service (the "Terms") 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, a "device" means any computer, phone, tablet, or other hardware on which the Application is run.

1.2

By using the Services, you represent that you (i) can do so legally, (ii) are of legal age in the jurisdiction where you reside, and (iii) have the power to enter into a contract with us. You must expressly accept these Terms and the Privacy Policy when first accessing the Application.

1.3

WHEN YOU PAY FOR A SUBSCRIPTION TO THE SERVICES, YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW FOR ADDITIONAL PERIODS OF THE SAME DURATION AS THE INITIAL SUBSCRIPTION AT THE THEN-CURRENT RATE FOR THOSE SERVICES UNTIL YOU CANCEL YOUR SUBSCRIPTION AS PROVIDED IN ARTICLE 5.3.

1.4

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.

1.5

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.

1.6

You can refer to our Frequently Asked Questions, send an email to support@auto-cote.com, or write to CarChecker Ltd, 85 Great Portland Street, W1W 7LT, London, UNITED KINGDOM, for any claims or questions regarding these Terms or the Services.

2

Publisher's Presentation and Contact Information

2.1 – The Publisher

The Services described in these CGS are provided by the company CarChecker Limited, registered in the United Kingdom under number 15048255, with its registered office at 85 Great Portland Street, W1W 7LT, London, UNITED KINGDOM, and with the intra-community VAT number: GB447650476.

2.2 – Contacting the Company

The Customer has the option to contact the Company:

  • by regular mail to the address indicated in Article 2.1 above
  • by email at the following address: support@auto-cote.com
3

Definitions

In these CGS, capitalized terms have the following meaning, whether used in the singular or plural:

Subscription : refers to the contract to which the Subscriber has subscribed with the Company to benefit from PRO Services for a limited and automatically renewable duration

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 through a personal username and password, allowing them to manage their identification information, access the Services, and, if applicable, subscribe to the Subscription. The Account is accessible on the Website under the "My Account" section.

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 : refer to the Services of the PRO offer and/or services accessible free of charge subject to the creation of an Account by the Customer, full acceptance of these General Terms of Service, and the Subscription Policy

PRO Services : refer to the PRO services provided by the Company under the Subscription, which are described on the Website on the dedicated page accessible from the footer

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

4

Service Offering

The Company has built a Service Offering covering the needs of automotive professionals, including used vehicle dealers, to address the daily processes they perform

4.1 – Estimation of the market value of a vehicle (the Quote)

This service provided by the Company consists of offering the Subscriber access to the market value of a vehicle, based on the identification of a vehicle model, its options, and mileage.

The Customer and the Subscriber can thus consult and save the results of their searches according to their specific needs, within the conditions and limits of these General Terms of Service.

4.2 – Recovery of vehicle characteristics

The Subscriber has access to a tool that allows them to retrieve useful information by entering the make, model, and version of a vehicle:

  • The corresponding catalog
  • Standard or optional equipment
  • The technical data sheet
  • The new price
4.3 – Facilitated filling of Cerfa forms

The Company also offers the Subscriber access to forms for easy and online completion of the cerfa forms required for the sale of a used vehicle.

4.4 – Crit’Air Sticker

The Company allows the Subscriber to order up to 5 Crit’Air stickers each month.

4.5 – Verification of the administrative status of a vehicle

The Company allows the Subscriber to easily retrieve the Administrative Situation Certificate of a vehicle, allowing to verify the absence of pledge or administrative seizure.

4.6 – Assistance

The Subscriber also benefits from assistance provided by the Company for any inquiries they may have regarding the Website and/or the PRO Services offered there.


This assistance service is accessible during Business Days and Hours by email at the following address: support@cardata.test


The Company will make its best efforts to respond as quickly as possible during Business Days and Hours to inquiries made by the Subscriber in the context of the assistance service.


The Subscriber acknowledges and accepts that this assistance is limited to the use of the Website and the Services and does not have any legal nature. Telephone assistance does not have the skills or capacity to provide the Client or the Subscriber with assistance regarding the relevance of a result, especially their specific needs.

5

How to subscribe to the Services

5.1 – Account Creation

5.1.1 – The Customer must create an Account on the Website in order to subscribe to the Services. Account creation implies the acceptance of the General Terms of Service, 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 e-mail address that can be used as an identifier for his/her Account and is in working order, it being the Customer's responsibility to make any necessary changes to said e-mail address in good time.

The Customer guarantees the accuracy, sincerity and reliability of the information entered in their Account, including their status as a Customer, and undertakes to update it regularly and as soon as possible.

Consequently, the Company cannot be held responsible for the Customer's lack of diligence in modifying and/or updating the information concerning him/her.

In the event of erroneous or misleading information, the Company reserves the right, as of right (i) to suspend or terminate any contractual relationship with the Customer (ii) and/or to suspend the Customer's access to his/her 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 pass them on to third parties.

The Customer and his Users are the only ones authorised to access and use the Account using their login and password. Any access to the Account using the Customer's login and password is automatically deemed to have been made by the Customer and under his/her responsibility.

Consequently, in the event of loss, theft or any fraudulent act with regard to the Customer's identifier and password, it is the Customer's responsibility to inform the Company as soon as possible and, where applicable, at the Company's request, to provide proof of identity by any 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.

5.2 – Subscription

Subscription gives access to PRO Services. Subscriptions are taken out via the Account by completing the information requested on the dedicated page of the Website.

The PRO subscription is designed for professionals, but is also available to private individuals.

Non-compliance with all or part of the obligations subscribed to under the terms of these GCS, and in particular any incident concerning payment of the Subscription price, may result in the Company suspending the Account and/or refusing the Subscriber any new Subscription until the situation has been rectified.

Once the Subscription has been paid for and finalised, written confirmation is sent to the Subscriber by e-mail, summarising the Subscription taken out, the price and the terms of use of the PRO Services, where applicable.

5.3 – Duration - Renewal - Termination of the Subscription

The Subscription is taken out for a fixed period of one month from confirmation by the Company of payment of the Subscription, renewable by tacit agreement for an identical period, unless terminated by the Subscriber and/or the Company at any time under the terms of this article.

If there is a trial offer, the PRO Services are subscribed to for a fixed period as indicated in the said trial offer, and then, if they are not cancelled within the time required under the said trial offer, for a period of one month.

The Company may terminate the Subscription by e-mail.

To terminate the Subscription, the Subscriber can (i) log in to their Account and select the 'Unsubscribe' section; write by email to the contact address, provided they contact us from the email address registered on their account.

The Subscriber is informed that his or her request for cancellation will take effect from the month following the request, with any Subscription period started being due.

5.4 – Price - Subscription Payment Terms

The prices indicated on the Website are expressed in euros, inclusive of all taxes, for flat-rate access to the PRO Services and for the duration indicated in article 6.

Prices may be changed at any time by the Company: the applicable prices are those in force and accessible on the Website on the Subscription subscription date.

5.5 – Right of withdrawal applicable to the Subscriber

In accordance with Article L. 221-28 of the Consumer Code, the right of withdrawal cannot be exercised for (i) contracts for services that have been fully performed before the end of the withdrawal period and whose performance began after the express prior agreement of the consumer Client and the express waiver of their right of withdrawal, and (ii) contracts for the supply of products made to the consumer Client's specifications or clearly personalized.

Furthermore, in accordance with Article L.221-25 of the Consumer Code, the consumer client who exercises their right of withdrawal from a service contract whose performance has begun, at their express request, before the end of the withdrawal period, remains liable for the amount corresponding to the service provided until they communicate their decision to withdraw.

Access to the services being fully acquired upon subscription, and the Subscriber having agreed to waive their right of withdrawal to access it immediately, the price for the current month is fully due.

6

Access to PRO Services

6.1

In order to access the PRO Services, the Subscriber must log in to their Account from the 'Log in' section.

6.2

The Subscriber can consult as much content as they wish and use it within the terms and limits of the license granted to them under Article 7 of the General Terms of Service.

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 to download only content that they reasonably need.

6.3

The Subscriber acknowledges that access to PRO Services is reserved for their own use and undertakes accordingly that no third party can access them directly or indirectly.

6.4

The Subscriber undertakes to ensure that their Users comply with these Terms and Conditions.

6.5

The Subscriber undertakes to use the PRO Services in strict compliance with applicable laws and regulations.

6.6

The failure by the Client or the Subscriber to comply with their obligations as defined in Article 6 and/or 7 of the General Terms and Conditions constitutes a serious violation of the General Terms and Conditions that may result, at the discretion of the Company, in the suspension of the PRO Services and/or the termination of the General Terms and Conditions at the exclusive expense of the Subscriber, without entitling them to compensation or damages.

7

Availability of the Website

The Company makes its best efforts to make its Website and PRO Services available 24 hours a day, 7 days a week, regardless of maintenance operations, including servers on which the Website and/or PRO Services are hosted. However, the Company reserves the right to modify, interrupt, temporarily, for a reasonable period of time, all or part of the Website and/or PRO Services at any time, without prior notice to the Subscriber and without any entitlement to compensation on their part.

8

Intellectual Property

8.1 - Common Provisions

8.1.1 – The Company grants the Subscriber a personal, non-exclusive, and non-transferable license to use the Website, PRO Services, and content for their internal use (excluding any company in their group: parent company, subsidiary, sister company, etc.), within the scope of their own professional needs, without, however, being able to foresee internal widespread distribution, and this in the terms and limits specified in this Article 7.

8.1.2 – This license is granted for the duration of the Subscription, including for the dissemination of the Content under the terms and limits specified in this Article 7.

8.1.3 – Unless otherwise specified, this license is granted for use on the Subscriber's computer workstations.

8.1.4 – The Subscriber acknowledges and accepts that the personal use granted to them by the Company excludes, in particular, access to the Website and/or the Services and/or the content by any third party other than Users and/or for collective and/or directly or indirectly commercial use.

8.1.5 – The Subscriber thus refrains, unless otherwise provided, whether gratuitously or for consideration (i) from any reproduction for the purpose of marketing, circulation, rebroadcasting, distribution, or publication to third parties of the Website, PRO Services, and/or content; (ii) from any representation, even partial, especially by means of online public communication to third parties, of the Website, PRO Services, and/or content; (iii) from reselling, exchanging, renting, or transferring the Website, PRO Services, and/or content to a third party (iv) from modifying, adapting, correcting, or engaging in any reverse engineering or other transformation of the source code of the Website, PRO Services, and/or content.

8.1.6 – L’Abonné reconnait et accepte irrévocablement que l’accès au Site Internet, aux Services PRO et aux contenus mis à sa disposition par la Société ne saurait emporter une quelconque cession des droits de propriété intellectuelle et autres droits y afférents à son bénéfice qui demeurent la propriété de la Société et/u de ses fournisseurs et qu’il ne dispose d’aucun autre droit de licence que celle conférée par le présent article 7.

8.1.7 – The Subscriber undertakes to retain, in their entirety, the mentions regarding the source of the Website, PRO Services, and/or Content.

8.2 - Website

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 grant them any rights to the intellectual property rights related to the Website, which remain the exclusive property of the Company.

8.2.3 – The Subscriber expressly agrees not to reproduce, represent, modify, transmit, publish, adapt, in any form or by any means, or exploit in any way, in whole or in part, the Website without the prior written consent of the Company.

8.3 - Contents

8.3.1 – The Subscriber irrevocably acknowledges the rights held by the Company over the Contents made available to them within the scope of the PRO Services as a producer of databases within the meaning of the provisions of Articles L.341-1 and following of the Intellectual Property Code.

8.3.2 – Therefore, in accordance with the provisions of Article L. 342-1 of the same Code, the Subscriber undertakes not to:

  • extract, by permanent or temporary transfer, the whole or a qualitatively or quantitatively substantial part of the Contents, by any means and in any form whatsoever, including for the purpose of use or consultation by a media and/or unauthorized process(es) by the Company
  • reuse, by making available to the public, the whole or a qualitatively or quantitatively substantial part of the Content, in any form whatsoever, including by hyperlink, a media and/or unauthorized process(es) by the Company.
  • create, edit, maintain, update, import, export, make available to third parties, whether free of charge or for consideration, and participate in the above-mentioned acts, of a competing database based on all or part of the Contents
  • display on a screen by any means or media other than those through which the Company intends to disclose the Website, Services, and Contents
  • in general, any extraction, use, storage, reproduction, representation, or conservation, whether direct or indirect, partial or total, including in buffer or temporary memory, qualitatively or quantitatively substantial, of the Contents, committed by any of the methods mentioned above is strictly prohibited, including by an unauthorized media by the Company.
9

Warranties - Liability

9.1

The Company is subject to an obligation of means, to the exclusion of any other, with regard to the quality, accuracy, completeness, and integrity of the Contents, as well as the date of their publication. The Company makes every reasonable effort to ensure that the Contents are as up-to-date as possible.

9.2

However, to the extent permitted by law, the Subscriber is informed that the Auto Cote+ Services and the Contents are provided by the Company as is, particularly as they have been transmitted by its suppliers, without any warranty regarding availability or their content. Thus, the Company offers no warranty and is not obligated to verify the Contents provided to it by its partners and/or distributed on the Website.

9.3

In any case, the Subscriber acknowledges that certain Contents may be erroneous and/or outdated and accepts a certain margin of error, as well as the fact that certain Contents may be published on the Website after their official publication date; the Company's liability cannot be sought or engaged in this regard.

9.4

The Subscriber is by no means exempt from obtaining information directly from competent official and administrative services. In this respect, the Subscriber undertakes to take note, where applicable, of the warning notices displayed when accessing or consulting the PRO Services. It is the responsibility of the Subscriber to verify the accuracy of the Contents before using them.

9.5

The Subscriber is solely responsible for the interpretation and/or use they make of the content, including the consequences (i) of the use, analysis, interpretation, and/or dissemination of the Contents by the Subscriber (ii) inaccuracies, errors, obsolescence, or omissions in the content. The Contents can only serve as indications and never offer a guarantee, their purpose is only to guide the Subscriber in their personal analysis or actions. The Subscriber indemnifies the Company against all consequences of this use.

9.6

It is the responsibility of the Subscriber to use the Contents in accordance with the applicable regulations. The Subscriber thus refrains from using the Contents and/or Contact Data in violation of applicable legislation, in particular, the Regulation on the protection of individuals with regard to the processing of personal data and the free movement of such data.

9.7

In any case, the Company cannot be held responsible (i) if the Subscriber uses the PRO+ Services and/or the Website in conditions that do not comply with the terms of these CGS (ii) if the execution of one of its obligations is prevented or delayed due to a force majeure event as defined in Article 1218 of the Civil Code, including natural disasters, fires, malfunctions, or interruptions in the telecommunications network or the electrical network.

9.8

As an essential condition without which the Company would not have entered into these CGS, the Company's liability under these CGS is limited to the total amount received by the Company under the monthly subscription taken out by the Subscriber, up to a maximum of twelve (12) months of subscription, for any direct damage suffered by the Subscriber, excluding any indirect damages such as loss of business, turnover, margin, anticipated savings, productivity, clientele, damage to reputation, etc.

10

Protection of personal data

The Subscriber's Personal Data is processed in accordance with the Privacy Policy, accessible by clicking here

11

Miscellaneous provisions

11.1

Unless otherwise provided in these CGS, correspondence exchanged between the Company and the Subscriber is exclusively conducted by email.

In application of articles 1365 et seq. of the French Civil Code, the Subscriber acknowledges and accepts that the information provided by the Company by e-mail and on the Account (excluding, where necessary, the Content) is authentic between the Subscriber and the Company.

Elements such as the time of receipt or transmission, as well as the quality of the data received, will take precedence over the data appearing on the Account, or as authenticated by the Company's computerised procedures, unless the Subscriber provides written proof to the contrary.

The scope of proof of the information thus provided by the Account (excluding, where necessary, the Content) is that given to an original in the sense of a written paper document, signed by hand.

11.2

These CGS represent the entirety of the obligations of the Company and the Subscriber. The fact that one party does not invoke a breach by the other party of any of the obligations set forth herein shall not be construed for the future as a waiver of the obligation in question.

11.3

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.

11.4

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.

12

Complaints

For any technical or operational claims related to the Website and/or Services, the Subscriber is invited to send their request by email or by mail to the Company's address.

Claims must be lodged within twelve (12) months, failing which they will become time-barred and void.

13

Applicable law and settlement of disputes

These GTCS are governed by English law.

In the event of a dispute arising in connection with these GCS, their interpretation and their consequences, or with the acts supplementing or modifying them, the Subscriber will first contact 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.