In these Terms, the following words shall have the following meanings:
- "Access Codes": any user name, password and other identifying information by which the Customer accesses the Database;
- "Agreement": the agreement between MotorCheck and the Customer on these Terms.
- "CDL VIS Data": data provided by CDL Vehicle Information Services Limited (Company Number: SC264444), which may include data provided by the Driver and Vehicle Licensing Agency and/or other third party licensors.
- "CDL VIS EULA": the terms and conditions on which the CDL VIS Data is supplied as notified by MotorCheck to the Customer from time to time, being as at the date of the Schedule as set out in the Appendix.
- "Customer": the customer named in the Schedule.
- "Customer Application": any application or tool by which the Customer enables Users to access the Database, as approved by MotorCheck from time to time under clause 3.3(d);
- "Data": any and all information contained within the Database, including, if applicable, the CDL VIS Data;
- "Database": the database specified in the Schedule;
- "Fees": the fees payable by the Customer to MotorCheck under this Agreement;
- "Guarantee" – The Guarantee provided by MotorCheck in accordance with clause 9 and the appendix to this Agreement.
- "Initial Term": the initial term (if any) of this Agreement, as specified in the Schedule;
- "Liability": any and all liability of MotorCheck in contract, tort (including, without limitation, negligence) or otherwise whether arising out of, in connection with or in relation to the Services, the Data or (where applicable) the Software or otherwise under or in connection with this Agreement;
- "MotorCheck": Motor Data Limited T/A MotorCheck and MotorSpecs (09346806 registered in England and Wales);
- "Payment Terms": the payment terms applying to the Fees, as set out in the Schedule;
- "Permitted Use": the purposes for and manner in which the Customer and its Users are permitted to access the Database and use the Data, as specified in the Schedule or as otherwise agreed by the parties from time to time;
- "Services": the services to be provided by MotorCheck under this Agreement, being either MotorCheck related to Data via Web Service or Online Query, as specified in the Schedule;
- "Software": the software provided by MotorCheck for the purpose of accessing Data:
- "Software Licence": MotorCheck’s standard software licence for the Software, a copy of which will be provided to the Customer on request;
- "User": any person (including without limitation any employee of the Customer) who accesses the Database using the Software or a Customer Application;
- "Data via Web Service": the service provided by MotorCheck by which the Customer is enabled to access the Database for the purposes of presenting that information to employees and third parties by means of the Customer’s own front-end applications; and
- "Online Query": the service provided by MotorCheck by which the Customer is enabled to access the Database by means of the Software.
References to clauses and schedules are to the clauses of these Terms.
Headings are for convenience only and shall be ignored in interpreting these Terms.