Latest…- Cartell on Newstalk MotormouthYou may know already that Cartell appears weekly on the Motormouth show on Newstalk 106 when our own Jeff Aherne gets the chance to talk about the thing he most loves to talk about – cars! This weeks topics included driving in wet weather and new driver training rules to improve road safety – and every [...] […]
- Cartell on Newstalk Motormouth
Happy Birthday Cartell
© Cartell 2010. All rights reserved. Cartell ®
Cartell and the Cartell logo are registered trademarks of Auto Records Ltd.
Terms & Conditions
Effective Date: These Terms and Conditions were last updated on 15th February 2010.
Definitions
“Car History Check” means a customised vehicle records report generated for a specific vehicle.
“the Company” means Auto Records Ltd.
” Company’s Privacy Policy Statement” means the Privacy Statement sets forth the current privacy practices with regard to the information the Company collects when you or your computer interacts with the Site.
“the Content” means copyrighted material, trademarks, and other proprietary information, including, without limitation, text, software, photos and/or graphics contained in the Site.
“the Customer” means you or any other person or entity using the Service.
”the Inspection Report Sheet” means a report sheet capturing all relevant data from the visual, external Four Star car history check.
“the Materials” means the information stored on the Site including, inter alia, any report produced by the Company in providing the Service to a Customer whether in electronic or written form.
“the Service” means the product provided by the Company to the Customer and which includes a vehicle data check and/or vehicle Automotive Engineer inspection.
“the Site” means www.cartell.ie and www.carhistory.ie
“the Terms” means the terms and conditions set out herein
1 General
By using the Site, you (as the Customer) agree to be bound by all of the Terms. If you do not agree to all the Terms, then you should immediately cease all usage of the Site. The Company reserves the right, at any time, to modify, alter, or update the Terms without prior notice. Modifications shall become effective immediately upon being posted at the Site. You are advised to periodically check these terms and conditions for any revisions and/or amendments to the Terms. Your continued use of the Site after amendments are posted constitutes an acknowledgement and acceptance of the Terms (including any modifications or amendments thereto). Except as provided in this paragraph, the Terms may not be amended.
You must be over the age of eighteen years to use this Service and by entering into a contract with the Company for the provision of the Service, you are warranting that you are over the age of eighteen years.
You warrant that you are either the owner of the vehicle or are genuinely interested in purchasing the vehicle for which you are engaging the Company to provide the Service.
Both you and the Company agree that you are entering into this contract in good faith.
2 Description of Service
The Company is providing to you the Service. It is strictly a matter for you to provide
3 Disclaimer of Warranties
The Site is provided by the Company on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, the Company makes no representations or warranties of any kind, express or implied, regarding the use or the results of the Service, the Content or the Materials in terms of its correctness, accuracy, reliability, or otherwise.
The Company shall have no liability for any interruptions in the use of the Site. The Company disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. The Company does not warrant that the Site will operate error-free or that the Site and its server are free of computer viruses and other harmful elements. If as a result of your use of the Site or it’s Content, there is aneed for servicing or replacing equipment or data, the Company assumes no responsibility whatsoever for those costs.
4 Limitation of Liability
The Company shall not be liable for any damages whatsoever, and in particular the Company shall not be liable for any special, indirect, consequential, or incidental damages, or damages for lost profits, business interruption, loss of revenue, or loss of use, arising out of or related to this Site, the Content or the Materials, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if the Company has been advised of the possibility of such damages.
The Company cannot, at any time, accept responsibility for any losses, injuries, inconvenience or expenses caused due to Force Majeure including but not limited to government action or restraint, war, riot, civil strife, industrial dispute, strikes, terrorist activity, natural or nuclear disaster, fire, flood, delays, weather conditions or the threat of any of these or any other event beyond its control.
5 Indemnification
You agree to indemnify and hold the Company, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable legal fees and costs, made by any third party due to or arising out of your use of the Site the Content or the Materials, the violation of these Terms, or the infringement by you, or any other user of the Site using the your computer of any intellectual property rights of any third party.
6 Modifications and Interruption to Service
The Company reserves the right to modify or discontinue the Service with or without notice to you. The Company shall not be liable to you should the Company exercise its right to modify or discontinue the Service. You acknowledge and accept that the Company does not guarantee continuous, uninterrupted or secure access to the Site and operation of the Site may be interfered with or adversely affected by numerous factors or circumstances outside of the Company’s control.
7 Third-Party Sites
The Site may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that the Company is not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and the Company is not responsible therein. The Company encourages you to review the privacy policies of third-parties’ sites.
8 Disclaimer Regarding Accuracy of Information
Product specifications and other information have either been provided by the Company, by third parties or have been supplied and collected from other sources, including, inter alia, the Department of Transport and/or other bodies over which the Company has no control.
While the Company attempts to ensure that the information on the Site and contained in any report is accurate, the Company makes no representations or warranties as to the accuracy or reliability of any information provided on the Site or in any report and shall not be responsible for any error or omission in the information supplied to you.
You are advised that some of the information upon which the reports produced by the Company are based, rely on information provided to the Company on a monthly basis and therefore the report may not show any record or information registered in respect of the particular vehicle up to a month prior to the date of the report. The Company shall not be liable in respect of such inaccuracy or loss arising there from. In particular, you are advised that certain information regarding the current and previous status of the vehicle contained in the Car History Check, will only show it’s status as and from the 29th May, 2006 onwards. If the status of a vehicle had changed or altered prior to that date, then the report may not reveal same.
The Company does not hold any personal information pertaining to owners of vehicles (either current or historical).For the avoidance of doubt, you are also advised that the Service does not provide or include any evidence as to the identity or any other personal information of the registered owner or any previous registered owner, or the vendor or any previous vendor of any vehicle.
Some of the Services provided by the Company provide information regarding finance attaching to the vehicle. This information is based solely on the register (“the Register”) operated by Hire Purchase Information Limited (“HPI”), ICB House, Newstead, Clonskeagh Road, Dublin, 14 and is furnished subject to the following conditions and limitations:
In particular, the Company shall not be liable for the accuracy of, or any loss or damage arising from, any information that the Company supplies to you as a result of any incomplete or inaccurate data or information supplied to the Company by you or as a result of any other fault attributable to you.
9. National Mileage Register
The Company can only check it’s database (“The National Mileage Register” or “NMR”) to confirm an odometer reading if you first enter the current mileage reading on the vehicle’s odometer onto the Company database, NMR, you hereby warrant that the reading that you submit is accurate based on your own inspection of the vehicle and you agree to indemnify the Company for all and any loss that it may suffer arising from an inaccurate reading being submitted. You also consent to your reading being kept on the Company’s database for use by the Company for any purpose whatsoever in the future including, for the avoidance of doubt, any commercial purpose.
The Company does not hold nor does it warrant that it does hold a database of odometer readings for all vehicles and accordingly it will only be able to provide a report in relation to an odometer reading for a particular vehicle if that vehicle’s odometer reading is already on the NMR database.
The Company will note on the vehicle report if the submitted odometer reading is lower than the reading already on the Company’s NMR database and, if that be the case, advise you to make a further enquiry.
Under no circumstances does the Company warrant the accuracy of the information contained on its database. This disclaimer is in addition to (and not instead of) the terms of Clause 8 of these terms.
Write off data is being added on a daily basis and the Company cannot be held responsible for adding a record after a check was carried out. Engineering write offs are being notified to the VRU but less dangerous economic write offs are being added at a slower rate as a classification system is being implemented. The Company would always urge caution where economic write offs are concerned and recommend a Four Star Automotive Engineer Pre-purchase Inspection to eliminate the possibility of purchasing an Irish economic write off.
10 Governing Jurisdiction
The Site is operated and provided in the Republic of Ireland. As such, the Company is subject to the laws of the Republic of Ireland, and such laws will govern the Terms. The Company makes no representation that the Site or the Service are appropriate, legal or available for use in other locations and/or jurisdictions. Accordingly, if you choose to access the Site, you are agreeing to do so subject to the laws of the Republic of Ireland and further agree to submit to the exclusive jurisdiction of the Irish Courts in relation to any matter arising under or in connection with your use of this website or its contents.
11 Compliance with Laws
You may not use the Service in any way that violates any applicable laws, regulations or other government requirements. You further agree not to transmit any material that encourages conduct that could constitute a criminal offence, give rise to civil liability or otherwise violate any applicable laws regulations or other government requirements.
12 Copyright and Trademark Information
The Site, Content and Materials, as well as their respective layout, arrangement and design elements and each of it’s individual pages, are and will always remain the property of the Company and it’s affiliates and are protected by Irish, European and international copyright, trademark and other applicable intellectual property laws.
You may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit any of the Content or the Materials, in whole or in part. For the avoidance of any doubt, and strictly without prejudice to the effect and/or intent of any other part of this clause or any other part of the Terms, under no circumstances may the Customer sell on or otherwise dispose for profit, to any third party or otherwise, any part of the Service, including, inter alia, any vehicle inspection report provided by the Company to the Customer. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express written permission of the Company or the copyright owner.
In the event of any permitted copying, redistribution, or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend, or copyright notice shall be made. You hereby acknowledge that you do not acquire any ownership rights by downloading or printing the copyrighted material, or by using the Site.
The Company offers you access to the Site, and to the Content and Materials available on the Site solely for your own personal and non-commercial use. You may not resell or make any commercial use of the Site or the Content or the Materials. You may not make use of any product listings, descriptions, or prices. You may not download or copy any account information for the benefit of any other merchant. You may not make use of any robots, spiders, or similar data mining, data gathering or extraction tools or manual processes to collect, gather or copy any of the Content or the Materials in an unauthorized manner.
You may not engage in any practice or activity the purpose of which is to obtain lists of users, portions of a database, or other lists or information from this Site, in any manner or in any quantities not authorised by the Company. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Company or its affiliates without prior express written consent.
You may not use meta tags or any other “hidden text” utilizing the Company’s name or trademarks without the express written consent of the Company.
13 Botnets
The Company retains the right, at it’s sole discretion, to terminate any accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, the Company reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at the Company’s discretion.
14 User Submissions
Generally, any communication which you post to the Site is considered to be non-confidential. By posting communications to the Site, you automatically grant to the Company a royalty-free, perpetual, irrevocable non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sub-licence such rights through multiple tiers of sub-licences.
The posting of any communication to the Site must not be illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and must not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam”.
You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of the content.
The Company reserves the right (but not the obligation) to remove or edit such content, but does not accept any obligation to regularly review posted content. You are hereby representing and warranting that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content supplied does not violate this policy and will not cause injury to any person or entity; and that the you will indemnify the Company or its affiliates for all claims resulting from content that is supplied. The Company takes no responsibility and assumes no liability for any content posted by you or any third party.
15 Vehicle Inspections
In the event that you have requested the Company to provide a Vehicle Inspection to you, this inspection will be provided strictly on the following terms;
14.1The Company grants to you a non-exclusive license to use this service for individual use of a personal nature. You may not:
14.2 The Company’s vehicle inspections are prepared from visual and external checks only and are limited to the parts and/or items identified on the Inspection Report Sheet. The vehicle inspections do not involve dismantling or disturbing of any structure, assembly, component or internal mechanism. The vehicle will only be placed on a ramp if a ramp is available at the location of the inspection and/or the Company’s representative deems such an inspection necessary.
14.3 Items which are listed on the Inspection Report Sheet, but which are not reasonably accessible on the relevant vehicle won’t be inspected. In these circumstances the Company will be under no obligation to inspect and/or report on the part/item in question and will mark the relevant section of the report accordingly.
14.4 Without prejudice to clauses 1 and 2 above, please note that amongst the items the Company does not check are:
The vehicle inspection will include an inspection of the following items:
The vehicle inspection will always include a short road test except where circumstances beyond the Company’s control prevent it.
15.4.1 The Company’s inspection can only describe and/or identify defects actually found and/or which are reasonably capable of being found upon external visual consideration of the vehicle at the time of inspection. The Company cannot be held and is not responsible for any latent defects, which are later discovered. In particular please note that vehicles over 5 years old, those that have a high mileage or those which have been subjected to abnormal use may, in particular, have latent defects. All latent defects fall outside the scope of the Company’s reports and the reports are provided to, and accepted by, you on this basis.
The road test carried out on the vehicle is short and whilst every effort is made to identify any unusual faults that may be present in the vehicle, the Vehicle Inspection Report is based on the limited test.
15.4.2 Please note that the life expectancy of a brake, exhaust or clutch system is uncertain and difficult to predict. Without prejudice to all of the Terms including, in particular, this entire section headed “Vehicle Inspections” the fact that such items have not been identified as faulty on the report does not, and should not be taken to, imply that such a system will have a continuing life expectancy from the time of our check.
15.4.3 Any estimates for value/repair/rectification that may be given by the Company’s representative in connection with an inspection purely reflect the subjective opinion of the Company’s representative concerned and are given solely as a matter of goodwill. You should not rely on such estimates in making any decision with regard to the vehicle inspected; estimates should be verified by an appropriate appraiser/repairer.
15.5 The road test is carried out within the immediate area of the vehicle inspection. If, due to circumstances outside of the Company’s reasonable control, a road test cannot be carried out at the time of inspection, the original fee shall remain fully payable and an additional fee will be payable for any subsequent road test the Company is asked to undertake. The carrying out of a test drive does not mean that the Company has seen any valid documentation relating to the vehicle.
15.6 It is your responsibility to, and the you must, ensure that proper provision is made (including the obtaining of any necessary permission) for the Company’s inspection to be carried out on garage premises, or on an off-road site with adequate level hard standing. (The Company needs enough room for its representative to be able to walk round the vehicle and fully open all doors). There must also be enough room for the representative to park his/her own vehicle close to the inspection site.
15.7.1 All fees and charges must be paid at the time of booking. In the event of cancellation of the vehicle inspection by you, the Company reserves the right to charge a cancellation fee, as set out in paragraph 14.7.4 below, unless you have cancelled the inspection as per the terms set out in paragraph 14.7.3 below.
15.7.2 The Company also reserves the right to charge an abortive fee of €179.00 (incl. VAT) if, due to circumstances outside of the Company’s reasonable control, the Company is unable to carry out the inspection on arrival at the location (including, but not limited to, where this results from your failure to make the arrangements referred to in clause 14.6 above). You will still be furnished with the vehicle data information provided by the Company as part of the Service.
15.7.3 If for any reason you do not wish to proceed with the vehicle inspection you may cancel it at any time up until 9.00am on the morning that the inspection is due to take place and no cancellation fee will arise.
15.7.4 If you wish to cancel the inspection after 9.00am on the morning that the inspection is due to take place and the Company’s representative has already commenced travelling to the location of the vehicle for the purposes of carrying out your inspection, then a cancellation fee of €179.00 (incl. VAT) will arise. This cancellation fee relates to the cancellation of the vehicle inspection only. You will still be furnished with the vehicle data information provided by the Company as part of the Service.
15.7.5 Once the Company is on site, the customer no longer has the right to cancel the inspection and the full remains payable whether you wish the inspection to be carried out or not.
15.7.6 If you choose to cancel the vehicle inspection, you may not cancel any other elements of the Service provided by the Company, if applicable, since you will already have received this service.
15.7.7 If you wish to exercise your right to cancel, the Company should be notified in the following way: Inspections MUST be cancelled by telephone during normal business hours (9am-6pm Monday to Friday). Cancellations left on Voice Mail or sent via e-mail will NOT be accepted. You will receive an e-mail confirming the inspection has been cancelled and no charge will be applied to your credit card. If indeed your credit card has already been charged, then you will receive a refund for the cost of the inspection within 30 days of the Company’s written notice of cancellation.
15.7.8 If you have selected a Car History Check, then the Company shall retain a sum equal to the cost of this service.
15.7.9 If cancellation occurs after 9.00am on the morning that the inspection is due to take place then sufficient funds to pay the appropriate cancellation fee shall be retained by the Company.
15.7.10 The entire of Clause 14.7 should be read in conjunction with the general Cancellation Clause at 15 below
15.8 In the event of dissatisfaction please contact the Company’s customer service department on 1890252331. The Company should be given the opportunity to re-inspect the vehicle and may need to do so to deal with the complaint.
15.9 The Company shall not be liable for any delay in performing, or any failure to carry out an inspection to the extent that such delay or failure results from events or circumstances outside of the Company’s reasonable control.
15.10 The Company shall not have, in any event, any liability or responsibility for any loss of profits, economic loss, loss of business and loss of goodwill (in all these cases whether direct or indirect) nor for any indirect, purely economic or consequential losses incurred as a result of or in connection with any inspection (including any non-occurrence thereof), whether resulting from breach of contract, negligence, wilful misconduct, breach of statutory duty or otherwise.
15.11 Vehicle inspections are supplied solely for your use and are not for the use of, or to be relied upon by, any third party and you shall be responsible for advising any such third party accordingly. The completed report is a copyright protected document and making copies is strictly prohibited.
15.12 The information and services included in or available through the Service may include inaccuracies or typographical errors.
15.13 Changes are periodically added to the information herein. The Company and/or its respective suppliers may make improvements and/or changes in this inspection service at any time.
15.14 The Company does not warrant or represent that the use or the results of the use of the inspection service or the materials made available, as part of the inspection service will be correct, accurate, timely, or otherwise reliable.
15.15 For the avoidance of doubt, under no circumstances will the Company be liable to any third party in contract, tort (including negligence or wilful misconduct) or otherwise for any loss (direct, indirect or consequential) which any third party may incur as a result of any information supplied by the inspection report.
15.16 You agree to defend, at your expense, any action brought against the Company or any of it’s affiliated companies arising out of your use of the Service with any third parties or from your wilful misconduct. You will indemnify the Company from any costs, damages and fees incurred by the Company, which are attributable to such a claim.
15.17 This license will terminate automatically if you fail to comply with the limitations described above. Upon termination, you must remove the Company’s copyrighted material from your computer.
16 Cancellation of Contract – European Communities (Protection of Consumers in respect of Contracts made by means of Distance Communications) Regulations, 2001 and 2005 (“the Regulations”)
This Clause is without prejudice to your right to cancel a vehicle inspection (if applicable) as set out in Clause 15.7 above.
Pursuant to the Regulations, you are entitled to cancel the contract that you are about to enter into with the Company (“the Contract”), without giving reason to the Company at any time within seven days of entering into the Contract “the Cancellation Period”). However, under the Regulations, where the provision of the Service has commenced, with your agreement, before the end of the Cancellation Period, then your right of cancellation may not be exercised.
By entering into the Contract and by accepting these Terms, you are agreeing to the Company commencing the provision of the Service prior to the end of the Cancellation Period and therefore are agreeing that you will not cancel the Contract.
The Regulations apply to natural persons who is/are acting for purposes which are outside that person’s trade, business or profession. They do not apply to businesses or companies or other trade or commercial customers.
The Regulations require, inter alia, that the Company provides you with the following information:
Company Name: Auto Records Limited (trading as Cartell)
Trading Address: Unit 3b, Clane Business Park ,
Kilcock Road
Clane,
Co. Kildare
Main Characteristics of Goods and Services: A vehicle data check of vehicles registered in the Republic of Ireland. The Company can, if requested, and subject to conditions, also arrange for a mechanical inspection of the premises to be carried out as well.
Price of Goods or Services (including all taxes):
One Star – Free
Finance Check – €15.00 inclusive of 21% VAT
Two Star – €20.00 inclusive of 21% VAT
Three Star – €35.00 inclusive of 21% VAT
Four Star – €295.00 inclusive of 21% VAT
Arrangement for payment, delivery or performance: Payment is made by credit/debit card at the time of entering into the contract. The vehicle data check service will be performed by email within two working days of the contract being entered into. However, without prejudice to the foregoing, certain types of vehicle data check may be performed almost immediately. The vehicle inspection will be carried out with two working days of the contract being entered into.
Contract Duration: Subject to the Terms, the Service shall be provided with two working days of the contract being entered into.
17 Complaints
The Company hopes that you will be fully satisfied with the Service that is provided to you. The Company is and will always strive to improve it’s Service. If you wish to make a complaint about the Service then please write to Nicola Aherne at
Unit 3B, Clane Business Park
Kilcock Road
Clane
Co. Kildare
Setting out in full the nature of your complaint
The Company will endeavour to acknowledge your complaint within two working days. The complaint will be fully investigated and the Company will endeavour respond to your complaint within five working days from receipt.
If you are a consumer using the Service for private use are not satisfied with the response that you receive, you may refer the matter to the National Consumer Agency at
National Consumer Agency
4 Harcourt Road
Dublin 2
Ph. 402 5555 (01 area), 1890 432432 (outside 01 area)
Fax Number:01 4025501
Web site: www.consumerconnect.ie
18 Other Terms
Any part of the Service (whether a vehicle report or vehicle inspection) should be used by you as a tool to assist you in buying (or not buying) a particular vehicle. The final decision will always rest with you.
If any part or provision of these Terms shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that these Terms and any other agreements referenced herein may be assigned by the Company, in our sole discretion, to a third party in the event of a merger or acquisition.
These Terms shall apply in addition to, and shall not be superseded by, any other written agreement between the Company and you.
You agree that by accepting these Terms, that you are consenting to the use and disclosure of your personally identifiable information and other practices described in the Company’s Privacy Policy Statement.
These Terms constitute the entire agreement of the between that Company and you with respect to the subject matter hereof and supersede all previous written or oral agreements between the parties with respect to such subject matter.
The section headings used herein are for convenience only and shall not be given any legal import.
None of the following or any combination thereof shall release, discharge or in anyway any affect the liability you may have to the Company or incur any further obligation or liability on the part of the Company to you or any third party:-