TERMS AND CONDITIONS
Thank you for choosing Universal CARFAX Europe GmbH.
These terms and conditions (“Terms and Conditions”) apply to all contracts between Universal CARFAX Europe GmbH (“Universal CARFAX”) and consumers or entrepreneurs, concluded on our website www.universalcarfax.com and providing access to a VHR (Vehicle History Report).
Consumers are defined in Sec. 13 of the German Civil Code (Bürgerliches Gesetzbuch), i.e. every natural person who enters into a legal transaction for purposes that predominantly are outside his trade, business or profession (hereinafter referred to as “Consumers”).
An entrepreneur is defined in Sec. 14 of the German Civil Code (Bürgerliches Gesetzbuch), i.e. a natural or legal person or a partnership with legal personality who or which, when entering into a legal transaction, acts in exercise of his or its trade, business or profession (hereinafter referred to as “Business Customer”).
Both “Consumers” and “Business Customers” are jointly referred to as “Customers”.
If you do not agree to all of these Terms and Conditions, you may not create a Universal CARFAX account or/and access or/and use any site or any part of the Universal CARFAX service(s).
Please read this document carefully. It contains important information about your rights and obligations, as well as limitations and exclusions that apply to you.
1 Formation of contract, validity of credits
1.1 Formation of contract
The following applies to Consumers & Business Customers:
The representations of Universal CARFAX’s services available through its website do not constitute a binding offer. With a Customer’s order, the Customer submits a binding offer for the formation of a contract. Following the order Universal CARFAX will process the Customer’s order and send a confirmation email to acknowledge the receipt of the Customer’s order. This acknowledgement of receipt does not constitute an acceptance of the order. The order is accepted with a separate notification or with the provision of the requested services. Universal CARFAX sends the order confirmation and the Terms and Conditions to the Customer by email. The Customer can obtain the Terms and Conditions at any time.
1.2 Validity of credit
The credit paid has a maximum validity period of 4 years. After that it expires automatically. The period ends four (4) years after the purchase.
2 License; scope of the services
2.1 In case of purchase of an access to a Vehicle History Report (“VHR”), Universal CARFAX hereby grants a limited, non-transferable and nonexclusive license to access and use the data contained in such report for personal, non-commercial purposes if it concerns a Consumer and for commercial purposes if it concerns a Business Customer.
2.2 Commercial purposes (Permitted Use) means actual or potential purchase of used cars for sale to individuals or by a Consumer to individuals, vehicle financing, providing insurance policy, inspecting and appraising vehicles. Additional commercial purposes such as advertising vehicles through third parties with the use of Universal CARFAX services requires an explicit consent by Universal CARFAX.
Once the order has been accepted by Universal CARFAX as described in Sec.1 above,
2.2.1 the report will be visible for the Customer for 30 days. During this time period, the Customer has unlimited access to the VHR including any data updates. After expiring automatically, the access can be renewed at any time.
2.2.2 the access to VHR´s will be not available in the case of force majeure and other circumstances beyond the control of Universal CARFAX, as well as malfunction or maintenance of system thereof.
2.3 The Customer acknowledges that Universal CARFAX is collecting data from public records and other sources for use in VHRs and that this data may contain errors and omissions. Universal CARFAX does neither guarantee nor warrant the correctness or completeness of VHRs and does not assume any liability.
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3 Restrictions on access and use
Universal CARFAX reserves the right to reject any orders or to exercise an extraordinary right to terminate a contract with a Customer without notice when it believes VHRs will be used in a manner which will adversely affect Universal CARFAX.
(The entire section remains unchanged except Elite CARFAX → Universal CARFAX everywhere)
4 Fees
Access to a VHR will be charged only for a VHR where a valid vehicle identification number (“VIN”) or valid License Plate number is provided.
Subject to Sec. 6 below, to return any VHRs once an order has been accepted by Universal CARFAX is not possible.
5 Billing; payment
Any fees, including VAT, are payable at the time the order is accepted by Universal CARFAX.
6 Right of withdrawal – Only applicable to Consumers
To exercise the right of withdrawal, you must inform us
(Universal CARFAX Europe GmbH, Barthstraße 2-10, 80339 München, Germany,
Email: support@universalcarfax.com)
7 Universal CARFAX 30 day money back guarantee
7.1 In addition to the statutory 14-day right of withdrawal, Universal CARFAX offers Consumers a subsequent 16-day money-back guarantee.
7.2 Refund conditions remain the same, only brand name replaced.
8 Breach and liability
All penalties and rights apply in favor of Universal CARFAX.
9 Limitation of liability
Universal CARFAX shall be liable as follows:
(clauses unchanged)
10 Ownership (applicable to Business Customers)
All intellectual property remains the property of Universal CARFAX.
11 Indemnification
The Customer will indemnify and hold Universal CARFAX and its agents harmless.
12 Governing law; contractual language
Disputes shall be governed under German law with jurisdiction in Munich for Universal CARFAX.
13 Modification
Universal CARFAX reserves the right to amend these Terms and Conditions.
14 Miscellaneous
14.3 Universal CARFAX is not willing to take part in dispute resolution procedures before a consumer conciliation body.
Munich, January 19th 2021