Terms and Conditions

  1. Definitions and Interpretations

    1. In these Terms, the following words shall have the following meanings:
      1. "Access Codes": any user name, password and other identifying information by which the Customer accesses the Database;
      2. "Agreement": the agreement between MotorCheck and the Customer on these Terms.
      3. "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.
      4. "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.
      5. "Customer": the customer named in the Schedule.
      6. "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);
      7. "Data": any and all information contained within the Database, including, if applicable, the CDL VIS Data;
      8. "Database": the database specified in the Schedule;
      9. "Fees": the fees payable by the Customer to MotorCheck under this Agreement;
      10. "Guarantee" – The Guarantee provided by MotorCheck in accordance with clause 9 and the appendix to this Agreement.
      11. "Initial Term": the initial term (if any) of this Agreement, as specified in the Schedule;
      12. "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;
      13. "MotorCheck": Motor Data Limited T/A MotorCheck and MotorSpecs (09346806 registered in England and Wales);
      14. "Payment Terms": the payment terms applying to the Fees, as set out in the Schedule;
      15. "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;
      16. "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;
      17. "Software": the software provided by MotorCheck for the purpose of accessing Data:
      18. "Software Licence": MotorCheck’s standard software licence for the Software, a copy of which will be provided to the Customer on request;
      19. "User": any person (including without limitation any employee of the Customer) who accesses the Database using the Software or a Customer Application;
      20. "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
      21. "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.

  2. AGREEMENT

    1. In consideration of the Customer agreeing to pay MotorCheck the Fees and comply with its other obligations under these Terms, MotorCheck:
    2. Agrees to provide the Services to the Customer; and
    3. Licences the Data to the Customer for the Permitted Use for the Initial Term in each case subject to and in accordance with these Terms;
    4. Upon the expiry of the Initial Term and any subsequent terms this Agreement shall automatically renew for a period of 12 months, subject to any lawful termination in accordance with clause 12.
  3. ACCESSING THE SERVICE

    1. Where the Services include Online Query;
      1. MotorCheck shall make the Software available by either download and installation by the Customer or via login online, and
      2. The Customer agrees that the provisions of the Software Licence shall govern its use of the Software;
    2. The Customer shall:
      1. Ensure that Users comply with the terms of the Software Licence, and
      2. Be liable to MotorCheck for any breach of those terms by any User as if that breach were a breach by the Customer.
    3. Where the services include Data via Web Service:
      1. MotorCheck shall provide the Customer with Access Codes for the purpose of accessing the Database by means of Customer Applications;
      2. The Customer shall be responsible for configuring all Customer Applications in order to provide access to the Database;
      3. The Customer shall ensure that Users are able to access the Database only by means of Customer Applications, and shall ensure that Users do not have direct access to the Database other than by those means;
      4. The Customer shall give MotorCheck full particulars of any Customer Application by which the Customer proposes to access the Database from time to time, and the Customer shall only be entitled to use Customer Applications that are approved by MotorCheck in writing (such approval not to be unreasonably withheld).
    4. Where the services include the provision of CDL VIS Data the CDL VIS EULA shall apply to the provision of such CDL VIS Data and the Customer agrees to comply with the CDL VIS EULA and to procure and ensure compliance with the same by any person utilising the Services. In the event of any conflict between these Terms and the CDL VIS EULA, the provisions of the CDL VIS EULA shall prevail in relation to the CDL VIS Data. The CDL VIS EULA is available for download here.