Terms & Conditions
Please read these Terms of Service carefully before using the https://www.carMaximum.co.uk website (the "Service") operated by CarMaximum ("us", "we", or "our").
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
By using this service, you agree not to reproduce or extract any vehicle data from our website or mobile applications without consent from us in writing. You agree not to use any 'screen scraping' software or any other automated system to extract or reproduce vehicle data displayed on our website or mobile applications.
Purchases
You are encouraged to familiarise yourself with your rights contained within the Sale of Goods Act 1979, Unfair Contract Terms Act 1977 and the Unfair Terms in Consumer Contracts Regulations 1999.
If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete. You expressly agree that CarMaximum is not responsible for any loss or damage arising from the submission of false or inaccurate information.
By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases.
Termination
We may terminate or suspend your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
Upon termination, your right to use the Service will immediately cease.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Governing Law
These Terms shall be governed and construed in accordance with the laws of England and Wales, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you must stop using the service.
Privacy Policy and Cookie Policy
Please refer to our Privacy Policy and Cookies Policy. You agree that they constitute part of these terms. You must read our Privacy Policy and Cookies Policy before you use the Service.
Contact Us
If you have any questions about these Terms, please contact us on through the contact form.
Ordering Terms and Conditions
These are the terms and conditions (the "Conditions") upon which CarMaximum ("we" or "us") provide the service, which is available to customer's ("you") undertaking an Ordering.
1. Definitions
- 1.1 We use the following key expressions in our Terms:
- "Contract" means the contract between you and us for the supply of the Information made subject to these Terms.
- "Information" means the information supplied by us relating to a motor vehicle recorded on our electronic database in response to your Ordering.
- "Application" means any services, mobile phone applications or websites that accesses vehicle history information powered by CarMaximum.
- "Ordering" means an Order submitted by you for a vehicle check.
- "you"/"your" means or refers to you, the customer, who submits a request for an Ordering and receives the Information (in each case subject to these Terms).
2. Contract Formation
- 2.1 By submitting a request to us through the Application, you are making a legal offer to enter into a Contract with us for the provision of Information subject to these Terms, which we are free to accept or decline at our discretion. If we decline to accept your offer, we will either not process your payment or will refund any payment already made.
- 2.2 A Contract will only come into existence between you and us when we provide you the Information in response to your Ordering.
- 2.3 We consider these Terms to set out the whole agreement between you and us for the supply of Information in response to your Ordering.
- 2.4 These Terms only apply to our contracts with consumers, by entering into a Contract with us, you warrant that you are a consumer, dealing in person, and that you are not a motor trader or motor dealer.
- 2.5 Information obtained via the Application is strictly for Your use only and is not to be relied upon or otherwise used by any third party. No such change will have retrospective effect. No data check performed using the Application gives any statement regarding the roadworthiness or general condition of any vehicle checked, nor will the check necessarily identify the use of a false vehicle registration mark or the fact that a vehicle has been "ringed". Once You have instructed us to carry out a data check on Your behalf we may deny use of this Service to You if we believe that You are in breach of any of the Contract terms. These Contract terms, contain the whole terms of the contract between us and You and no other written or oral statement is incorporated in such contract.
3. Requesting an Ordering
- 3.1 When submitting your request at the Application, it is your responsibility to complete the request screens at the Application fully and correctly. Failure to complete the information accurately may affect our ability to provide a prompt response.
- 3.2 We will provide the Information in response to your Ordering following receipt of payment from you by displaying the results on screen.
4. Your use of the Information
- 4.1 The Information we provide to you is for your own personal use.
- 4.2 You must not sell, supply or otherwise disclose the Information to any third party.You agree not to change or delete any of the Information that we have provided.
- 4.3 If you know or suspect that the Information we provide as part of this Service is incorrect or incomplete, you are responsible for notifying us of this by contacting us.
5. Your right to Cancel
- 5.1 Due to the nature of the service, and the fact that your Ordering results are delivered to you immediately, we are unable to accept any cancellation from you once you have submitted payment to us. By accepting these Terms and purchasing the Ordering from us, you are confirming that, due to the nature of the service, you acknowledge that you are waiving your right to a cancellation period and you are expressly requesting that we begin the service within the cancellation period which means that you will lose your right to cancel the Contract.
6. Limits of our Liability to you
- 6.1 The information we supply includes data supplied to us from a number of third party sources. We do not warrant that the Information is true, correct or complete and subject to the provisions of 8.2 below we shall not be liable in any circumstances for any loss or damage arising from any inaccuracies, faults or omissions in the Information, unless otherwise stated.
- 6.2 The limit of liability is limited to the service price.
7. Miscellaneous
- 7.1 You may not transfer, assign or in any way make over to any third party the benefit of the Contract or any part of it.
- 7.2 Neither you nor we shall be liable to the other for any delay in or failure to perform any of our respective obligations under the Contract due to any cause beyond your or our reasonable control.
- 7.3 You confirm that by offering to enter into a Contract with us, you have not relied on any representation from us, except those stated in these Terms. Nothing contained in these Terms will affect any of your statutory rights relating to the Services which we supply to you as a consumer.
- 7.4 If any term of the Contract is deemed to be unlawful, void or unenforceable in whole or in part, that term will be separated from the Terms, and will not affect the enforceability or validity of the other terms of the Contract.
- 7.5 No waiver by us will be construed as waiving any claims or rights in respect of a breach of the terms of our Contract with you.
- 7.6 If You are affiliated in anyway, either as an employee or associate, with an organisation that provides vehicle provenance checks, you are prohibited from performing an Ordering. You will not be liable for a refund.
- 7.7 This Contract is subject to English law, and the courts of England and Wales have exclusive jurisdiction in relation to the Contract.