Car Data Check
Motorfile Terms and Conditions
Terms and Conditions
Application of the Terms and Conditions
These Terms and Conditions relate to your use of the AA Car Data Check service made available to you at www.aacheck.com ("the Website") and apply to all AA Car Data Check searches made by you on or after 23rd March 2010 (version number 2.2). Please read these terms and conditions carefully before using the Website and/or conducting an AA Car Data Check search. Please also retain a copy of these terms and conditions for your information.
Please note that the service provided pursuant to this Agreement is personal to you and only you may benefit from the results of any AA Car Data Check search conducted.
Additionally, you must be over the age of 18 years in order to benefit from the AA Car Data Check Insurance.
Our Details & FSA Regulation
AA Car Data Check is a service brought to you by Motorfile Limited (company number 03009493) whose registered office is at Landmark House, Experian Way, NG2 Business Park, Nottingham, NG80 1ZZ. VAT registration number 887133593.
Motorfile Limited is authorised and regulated by the Financial Services Authority ("FSA"), registration number 313967. Motorfile Limited is a member of the Experian group of companies. References to “Motorfile”, "we", "us" and "our" in these Terms and Conditions shall be to Motorfile Limited.
Motorfile’s permitted purpose under its FSA registration is that of an insurance intermediary dealing in and arrange a contract of insurance and handling claims on behalf of Pinnacle Insurance plc to support the AA Car Data Check Insurance. You can check this information on the FSA's register by visiting the FSA's website: www.fsa.gov.uk/register or by contacting the FSA on 0845 606 1234.
Conducting An AA Car Data Check
Please see our Step By Step Guide on the Website for further details.
After checking the vehicle registration and before proceeding to request an AA Car Data Check search, you must choose whether you want to purchase one AA Car Data Check search (a “Single Search”) or up to five (5) AA Car Data Check searches (a “Multiple Search”) and provide us with payment of the appropriate fee (as indicated on the Website) in advance of any search. Once you have submitted a request for an AA Car Data Check search, the search will begin immediately you may not stop that request.
The results of each AA Car Data Check search will be delivered to you on the Website and you will be sent an e-mail to confirm that payment has been taken and/or provide you with confirmation of your search and details of a hyperlink at which you can view your AA Car Data Check search results ("Confirmation E-mail"). You will be able to view an archived record of your AA Car Data Check search results for a period of up to 27 months following your search by clicking on the section of the Website entitled "View My Checks".
In order to successfully conduct an AA Car Data Check search, the vehicle against which you wish to search must be registered in the United Kingdom (including Northern Ireland). For the avoidance of doubt, this does not include vehicles registered in the Channel Islands or the Isle of Man.
a. The Single Search
If you have chosen the Single Search service, and conducted a search, you may register with Pinnacle Insurance plc the vehicle to which the search relates. This will entitle you to receive the benefit of the AA Car Data Check Insurance in respect of the single search conducted in respect of that vehicle, subject to separate terms and conditions relating to the AA Car Data Check Insurance which are set out in the “AA Car Data Check Insurance” section below.
b. The Multiple Search
If you have opted for the Multiple Search service, and have paid the search fee, under that service you may conduct up to a total of five (5) AA Car Data Check searches without paying a further fee. You must conduct all five (5) searches within 60 days of us receiving the fee from you. If you do not perform all searches within the 60 day period, the remaining searches will expire and you lose the unused searches. You are not entitled to a refund for any unused searches.
Once you have conducted a search using the Multiple Search service, you are entitled to choose one (1) of those vehicles on which you have conducted a search to register with Pinnacle Insurance plc to entitle you to receive the benefit of the AA Car Data Check Insurance, subject to the terms and conditions set out in the “AA Car Data Check Insurance” section below. Once you have chosen to receive the benefit of insurance for one search, you cannot also receive benefit for another search unless you pay additional fees.
If you have opted to make a Multiple Search, but you then wish to conduct further searches beyond the maximum of five (5) searches permitted under a Multiple Search, you will have to pay for the further searches at the appropriate rate.
Price And Payment
Payment for the AA Car Data Check Service
By accepting these Terms and Conditions, you agree to pay the fee(s) applicable to the type of search you request, as shown on the Website at the time of your request.
Payment for the service must be made by credit or debit card in advance. We do not accept cash or cheques. On clicking "submit", your request for a search and report shall be submitted and payment shall be deducted from your debit or credit card.
No search can be conducted until payment has been received. Please note that there will be no refund of the fee paid for the Multiple Search where you do not use up your full entitlement of searches within the 60 day period (as described in the “Conducting An AA Car Data Check” section above).
Payment for the AA Car Data Check Insurance
You will not have to pay an arrangement fee for the AA Car Data Check Insurance element of our AA Car Data Check service. A premium (and the relevant insurance premium tax) for one policy of AA Car Data Check Insurance is included in the fee paid for a Single Search or a Multiple Search.
Protecting the Premium for the AA Car Data Check Insurance
Before the premium for the AA Car Data Check Insurance is forward to Pinnacle Insurance plc, for your protection, we hold the premium as an agent of Pinnacle Insurance plc. This means that your AA Car Data Check Insurance policy is treated by Pinnacle Insurance plc as being paid for. We reserve the right to retain any interest earned on such premiums held. By accepting these Terms and Conditions, you agree and give consent for us to operate in this way.
Use Of Information
All information delivered to you (whether on a computer screen, in e-mail, or paper format) as part of any AA Car Data Check search ("the Information") shall at all times belong to us or our licensors.
For your own personal non-commercial use, you may display the Information on a computer screen, print individual pages onto paper (but not photocopy them) and store such Information in an electronic format (but not on any server or other storage device connected to a network). For the avoidance of doubt, you shall not: (a) reproduce, modify, or distribute the Information, (b) create a database from the Information, (c) otherwise commercially exploit any of the Information, and/or (d) sell, transfer, deal in or otherwise make available either the ability to conduct a search or any Information to any third party, or use the Information for any third party. You must immediately notify us of any breach of this obligation.
Cancellation, Queries, Complaints, and the Financial Services Compensation Scheme
Cancellation of this Agreement
When you submit an AA Car Data Check search request to us, we will immediately begin the AA Car Data Check service by processing your AA Car Data Check search and report. This means that YOU DO NOT HAVE A RIGHT TO CANCEL THIS AGREEMENT (whether under the Consumer Protection (Distance Selling) Regulations 2000 or under these Terms and Conditions).
Cancellation of the AA Car Data Check Insurance
You may cancel the AA Car Data Check Insurance cover within the first 14 days. However, in view of the small amount of premium and the immediate incidence of risk under this policy, no refund is payable.
Queries
If you are having problems viewing your AA Car Data Check report or if you consider that some of the Information contained in the results of your AA Car Data Check search may be incorrect, please contact us immediately and we shall (where possible) rectify the issue as soon as reasonably practicable at our own cost. Please note, that in this instance your sole and exclusive remedy shall be to obtain replacement Information.
Complaints
If you wish to make a complaint regarding either your AA Car Data Check report or the AA Car Data Check service, please write to Motorfile Limited, Landmark House, Experian Way, NG2 Business Park, Nottingham, NG80 1ZZ.
If your complaint relates to the AA Car Data Check Insurance provider Pinnacle Insurance plc, you may refer the matter to the AA Car Data Check Claims Department, Landmark House, Experian Way, NG2 Business Park, Nottingham, NG80 1ZZ. Alternatively, you may contact Pinnacle Insurance plc directly by writing to the Customer Relations Manager, Pinnacle Insurance plc, Pinnacle House, A1 Barnet Way, Borehamwood, Hertfordshire WD6 2XX.
If you are unable to settle your complaint to your reasonable satisfaction through the means stated above, you may refer the matter to the Financial Ombudsman Service at South Quay Plaza, 183 Marsh Wall, London, E14 9SR or by telephone on 0845 080 1800. Further information is available at www.financial-ombudsman.org.uk.
Warranties And Disclaimers
Whilst we shall use all reasonable skill and care in the supply of the Information to you, we do not warrant that any Information we supply you shall be error free.
Whilst all reasonable skill and care has been taken by Motorfile in procuring and sourcing Information which is provided to you as part of the AA Car Data Check service this Information has been supplied to us by third parties. Motorfile therefore cannot warrant that (nor can it be held responsible for ensuring that) any of the Information provided to you as part of the AA Car Data Check service is correct, accurate or complete.
The AA Car Data Check service does not deal with or comment 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 whether any vehicle was originally purchased and/or imported from another European Union country other than the UK. Accordingly, you will have to satisfy yourself in respect of these aspects of any vehicle(s) you intend to or in fact purchase.
Apart from any entitlement you may have to compensation under the AA Car Data Check Insurance, our liability to you shall be limited to the price you paid for the relevant Single Search or Multiple Search service. That said, nothing in these Terms and Conditions shall limit or exclude our liability to you for death or personal injury resulting from our negligence or breach of statutory duty, or that of our employees, servants or agents.
We shall not provide you with (and you shall not receive) any advice or recommendation from us in relation to the AA Car Data Check Insurance or any other insurance product.
We shall not be liable for any loss or damage suffered by you which is or was not reasonably foreseeable arising out of your use of the Information.
We shall not be liable to you for events beyond our reasonable control.
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).
AA Car Data Check Insurance Terms & Conditions
Who is the Insurer
The AA Car Data Check Insurance provided with the AA Car Data Check service is underwritten by Pinnacle Insurance plc. We act for and on behalf of this underwriter in providing the AA Car Data Check Insurance to you.
How to register the AA Car Data Check Insurance
Each time you pay for an AA Car Data Check service (whether this is the one car or five car AA Car Data Check service) and subsequently conduct one or more AA Car Data Check searches as appropriate to your chosen AA Car Data Check service, you shall be entitled to register one (1) vehicle with Pinnacle Insurance plc for AA Car Data Check Insurance. For example: if you purchase the Multiple Search service, you shall be entitled to register one of those vehicles searched (namely the one you buy) with Pinnacle Insurance plc.
Provided that you register your chosen vehicle with Pinnacle Insurance plc (and subject always to these Terms and Conditions), if you believe or discover that specific information or data provided to you as part of the search on that vehicle is incorrect, inaccurate or incomplete, then you may be entitled to make a claim under the AA Car Data Check Insurance.
Your Duty of Disclosure
The AA Car Data Check Insurance 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 Pinnacle Insurance plc's decision to accept and pay a valid claim should a claim arise. Failure to disclose material information may invalidate your AA Car Data Check Insurance cover and could result in the claim not being paid. AA Car Data Check Insurance is not car Insurance
For the avoidance of doubt, AA Car Data Check Insurance only provides cover in relation to the specific data provided to you as part of an AA Car Data Check report on the vehicle that you register for the insurance. Neither Motorfile nor Pinnacle Insurance plc provides insurance in relation to any vehicle, its use and/or the driver as part of this AA Car Data Check service or the AA Car Data Check Insurance. You will need to make your own arrangements to ensure that it is safe and legal for you to drive any vehicle you purchase as a result of conducting an AA Car Data Check search.
Making an AA Car Data Check Insurance Claim
If you wish to make a claim you can obtain a claim form by writing to AA Car Data Check Claims Department, Landmark House, Experian Way, NG2 Business Park, Nottingham, NG80 1ZZ or telephone 0870 333 8030.
Financial Services Compensation Scheme
We are covered by the Financial Services Compensation Scheme. You may be entitled to compensation from the Scheme if we cannot meet our obligations. Whether or not you are entitled to compensation depends on the type of business and the circumstances of the claim. Non compulsory insurance is covered for 90% of the claim, with no upper limit. Further information about the compensation scheme arrangements is available from the Financial Services Compensation Scheme website at www.fscs.org.uk or telephone 0207 892 7300.
General
All personal data about you will be treated in accordance with our Privacy Policy.
No third party may use or rely on any Information provided to you as a result of or pursuant to you conducting an AA Car Data Check search.
To accommodate for changes to the data that we receive from our suppliers, we shall be entitled without giving notice to change the data available as part of the Services, or remove certain types of data from the Services.
A person who is not a party to these Terms and Conditions has no right to enforce any term under them.
You may not assign, novate or otherwise transfer all or any of the rights granted to you under these Terms and Conditions.
These Terms and Conditions form the entire agreement between us.
These Terms and Conditions are governed by English law. In the event of a dispute arising between us, these Terms and Conditions shall be subject to the exclusive jurisdiction of the English courts, unless you reside in Scotland, Wales or Northern Ireland, in which case an action may be brought by you in the courts of the country in which you reside.
