CAR SAFE TERMS OF SERVICE
1.1. In these terms and conditions (the “Terms”) the following expressions shall have the following meanings:“Contract” means the contract between you and us for the supply of the information made subject to these Terms;
“CAR SAFE Check” means a vehicle information enquiry submitted by you via the Website as more particularly described on the Website;
“CAR SAFE Credit” means a vehicle lookup credit or vehicle buyers report credit which is provided to you;
“Information” means the information supplied by us relating to a motor vehicle recorded on our electronic database in response to your CAR SAFE Check;
“Our Service” means any products purchased on our website which are classed as digital downloads under the Consumer Contracts Regulations;
“Premium Data” means data displayed within our products limited to outstanding finance data, write-off data and stolen data;
“Your Personal Data” means any data data classed as personal by the Information Commissioner’s Office;
“we”/“us”/“our” means or refers to Impair Ltd, trading as CAR SAFE, a company registered in Australia
“Website” means the website; and
“you”/“your” means or refers to you, the customer, who submits the CAR SAFE Check request and receives the Information (in each case subject to these Terms).
1.2. When you purchase a CAR SAFE service, this constitutes an offer by you to enter into a Contract with us for the provision of Information subject to these Terms. A Contract will come into existence between you and us when a payment is made for the service. The order is an offer by you to enter into a binding Contract with us, which we are free to accept or decline at our absolute discretion.
1.3. We consider these Terms to set out the whole agreement between you and us for the supply of the CAR SAFE Services. These Terms only apply to our contracts with consumers.
2.1. You will pay us our charges for our services at our current levels which may change from time to time, by credit/debit card or any other payment method we accept (details of which are available at the Website) before we send you the Information.
3.1. Our online vehicle check service is a Digital Download3.2. Digital downloads are given their own category under the Consumer Contracts Regulations and are therefore not services or goods. If you want to download something within 14 days of buying it, you will have to give your consent to waive the
14-day cooling-off period. If you don’t give your consent, the 14-day cooling-off period still applies, but you won’t be able to download your digital content until this period has ended. This is to prevent you from changing your mind after you have downloaded the content.
3.3 Due to the nature of Our Service (digital downloads) and the fact that the results are delivered to you immediately, we are unable to accept any cancellations from you once you have submitted payment to us. By paying for Our Services you consent to waive the 14-day cooling-off period so that you may receive your check instantaneously.
3.4 All payments are non-refundable and we do not provide refunds or credits for any partial-month subscription periods or unused CAR SAFE credits.
4.1. You acknowledge that we collect and process personal data about you (“Your Personal Data”) in the normal course of business for the purposes of providing you with Our Services and for fulfilling our obligations under the Contract and for pursuing our other legitimate interests. For example, we collect and process Your Personal Data for the purposes of providing and conducting customer service, customer support, technical support, billing and payment services, financial audit and record-keeping, and marketing of similar products or services among other things. We are the controller in respect of Your Personal Data we collect and process.4.2. In addition, and without limiting the generality of the foregoing, we obtain and hold vehicle, asset, and related data from many sources and use this data for the legitimate interest(s) of protecting those utilising our services or products and the owners or keepers of vehicles on the CAR SAFE registers and for the legitimate interest(s) of preventing vehicle related fraud and crime (in cooperation with public authorities such as the police). Accordingly, based on the aforementioned legitimate interest(s), we may disclose from time to time relevant information about you collected by us including but not limited to your name, address and details of your usage of Our Services and any parts of Your Personal Data to any person or public authority to whom we reasonably consider that it would be expedient to do so for the purposes of preventing, detecting or discouraging fraud or crime, apprehending or prosecuting offenders or offenses, and recovering stolen vehicles or other assets or property. In particular, and without limiting the generality of foregoing, we may disclose from time to time any such information about you to i) a person claiming to be the owner of the vehicle against which you have submitted a CAR SAFE Check, or ii) the police or other law enforcement or public authorities.