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You should read these terms and conditions carefully before ordering any Services from our site. Please understand that by ordering any of our Services, you agree to be bound by these terms and conditions. We recommend that you print a copy of these terms and conditions for future reference. You should understand that if you refuse to accept these terms and conditions, you will not be able to proceed with your order for our Services from our site.
1.1 Our Company operates the website www.checkmot.com as a trading style of OutboundBPO Ltd.
Registered in 7 Bell Yard, London, WC2A 2JR. Registered in England and Wales. Company
Number: 05940797.
1.2 We offer a comprehensive report
which returns live and historical MOT data in return for a processing fee.
2.1 In consideration of your payment in accordance with condition 8 and your compliance with your
obligations in condition 3 we will use our reasonable endeavours to provide you with the
following ("the Service");
2.1.1 review and check the information you have submitted on the
application form on this website ("the Application Form") for obvious typographical errors and
ensure all details required has been included by you on the Application Form within the time
scales set out on our website for the specific type of Service you have ordered.
2.1.2 in the
event that any errors are found in accordance with condition 2.1.1, to contact you and request
the correct information from you and insert that new information as supplied by you in the place
of the erroneous information on the Application Form
2.1.3 once the Application Form has been
checked and amended in accordance with conditions 2.1.1 and 2.1.2 hereof to submit to such
organisation as may from time to time be appointed to provide the required MOT Checks to be
produced and sent to you for such persons as are detailed in your Application Form
2.1.4 to
provide you with an email confirmation that an account has been created.
2.1.5 If you have
submitted an application and have opted not to enter a valid email address, an email address
will be generated for you by MOT Check in order to complete an online application. Confirmation
of payment from the secure payment merchant will also be unavailable if you have opted not to
enter in a personal email address. If you wish to have a copy of one or all of the confirmations
generated when applying through MOT Check, we will arrange paper copies to be sent to a postal
address upon the customer’s request.
2.2 For the avoidance of doubt our Service will have
been completed upon the completion and delivered MOT Check) and an email has been sent to you in
accordance with condition 2.1.4
2.3 We are not liable for any delay in your receiving the Mot
Check and do NOT provide a follow up or chasing service. Should you not receive your MOT Check
within 1 hour of submitting your Application Form please contact us
at [email protected]
2.4 If it is necessary for us to contact you in relation to incorrect
information entered on your Application Form in accordance with condition 2.1.2 we shall do so
using the contact details you have provided us with and should we not receive any response from
you within 2 months your Contract with us will end and no refund will be given to you.
2.5 If
you decide to sign up for any of the products on the check mot website, including and not
limited to, booking an MOT, Requesting a Certificate Reprint, Selling your vehicle you will be
agreeing to these terms. If you sign up to the the trial offer the terms are “24 hours full
unrestricted access for 50p. Continued membership charged at £7.99 per month thereafter. Members
can cancel at any time from within their account, or by contacting us via [email protected]"
By placing an order through our site, you warrant that:
(a) you are legally capable of
entering into binding contracts; and
(b) you are at least 16 years old;
(c) the main
applicant on the Application Form is at least 16 years old;
(d) the information you have
provided us with in the Application Form is entirely accurate and correct to the very best of
your knowledge;
(e) you are eligible for an MOT Check
(f) you are not using the website or
Service to commit any criminal or fraudulent act nor to cause nuisance or annoyance or
inconvenience to any other person;
(g) when ordering the Service and entering information on
the Application Form in respect of others ("Third Parties"), that Third Party also complies with
the criteria set out in conditions 2 (a) � (e);
(h) you give consent to us to submit the
information you provide in your Application Form (or subsequently provide us with) to the
appropriate embassy (or such other organisation as may from time to be appointed to provide the
MOT Check and that you have obtained such authority from any Third Parties in respect of
information relating to that Third Party
(i) when ordering the Service and entering
information on the Application Form for Third Parties you fully indemnify us against any breach
of these terms and conditions by that Third Party
4.1 After placing an order and completing the Application Form, you will receive an email
from us acknowledging that we have received your Application Form. This is our acceptance of
your offer to use our Services.
4.2 The Contract is formed following our acceptance in
accordance with condition 4.1 and your payment in accordance with condition 8. Until both
payment is made and our acceptance is given, no contract has been formed.
5.1 As stated by the Consumer Contracts Regulations “The right to cancel can be lost during the
cancellation period if the service is provided in full before the 14 days elapses”. Our service
fee is for the MOT Check, Vehicle Report and or optional reminder service that we provide and we
are not able to undo our service. By availing our service, you authorise Check MOT to start the
work immediately and will not be entitled to cancel once your order has been placed. Our
processing team work in real time and will in many cases have started the review of your
application within minutes of you submitting your application online. We endeavour to submit
your application within 5 minutes however, this cannot be guaranteed. For applicants that do not
enter an email address when applying it will be impossible for Check MOT to send an email
confirming when the work has started on the application, therefore Check MOT will log the date
and time on the applicants file. Refund requests can be submitted via the contact form on our
website. Any refund that may be agreed may be subject to an admin fee if we have already process
your check. Full refunds are also issued on a discretionary basis, please contact us for more
details.
5.2 By Availing our services, you authorise www.checkmot.com to run vehicle data
checks immediately. However, you have the right to cancel your monthly contract at any time. In
order to cancel the contract, you must either cancel by logging in to your account or
alternatively inform a member of the support team by email [email protected] requesting
cancellation.
5.3 This provision does not affect your other statutory rights as a consumer.
6.1 We reserve the right to cancel or terminate our Contract with you at any time and for any
reason at our sole discretion. Should we terminate our Contract with you we will refund all (or
a proportionate part of) your payment made in accordance with condition 8 but such refund will
be in our sole and absolute discretion.
6.2 For the avoidance of doubt no refund will be
given in the event the Service is terminated due to your failure to comply with any of these
terms and conditions and you have failed to remedy such failure upon being given notice of the
same or in the event we believe you have provided us with false or misleading information
7.1 We will use reasonable endeavours to provide the Service to you within the timescales set
out on our website for the particular service you have ordered.
7.2 Our Customer Support
service is available from Monday to Friday (excluding bank holidays) between the hours of 9am to
6pm. We endeavour to process all checks within 1 hour of the submission online, but in some
cases this can take up to 24 hours.
8.1 The price of the Services will be as quoted on our site from time to time in respect of the
particular type of Service you have or wish to order
8.2 VAT is included in our
Prices.
8.3 Service prices are liable to change at any time, but changes will not affect
orders in respect of which we have already sent you a confirmation email in accordance with
condition 4.1.
8.4 Payment for all Services must be by credit or debit card and must be made
in advance at the time of submitting the order to us. We reserve the right to withhold our
Services until such time as payment has been made in full.
9.1 This condition 9 sets out our entire financial liability (including any liability for the
acts or omissions of our employees, agents, consultants, and subcontractors) to you in respect
of: (a) any breach of the Contract; (b) any use made by you or the Services or any part of them;
and (c) any representation, statement or tortious act or omission (including negligence) arising
under or in connection with the Contract.
9.2 All warranties, conditions and other terms
implied by statute or common law are, to the fullest extent permitted by law, excluded from the
Contract.
9.3 Nothing in these Conditions limits or excludes our liability: (a) for death or
personal injury resulting from negligence; or (b) for any damage or liability incurred by you as
a result of fraud or fraudulent misrepresentation by us
9.4 Subject to condition 9.2 and
condition 9.3 (a) we shall not be liable for: (i) your not receiving the Visa(s) within any
particular timescales or at all; or (ii) rejection of entry; or (iii) loss of profits; or (iv)
loss of business; or (v) loss of anticipated savings; or (vi) loss of goods; or (vii) loss of
contract; or (viii) loss of use; or (ix) loss or corruption of data or information; or (x) any
special, indirect, consequential or pure economic loss, costs, damages, charges or expenses. (b)
) Our total liability in contract, tort (including negligence or breach of statutory duty),
misrepresentation, restitution or otherwise arising in connection with the performance, or
contemplated performance, of the Contract shall be limited to the price paid for the Services.
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be given to [email protected]. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 10 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such email was sent to the specified e-mail address of the addressee.
12.1 The contract between you and us is binding on you and us and on our respective successors
and assignees.
12.2 You may not transfer, assign, charge or otherwise dispose of a Contract,
or any of your rights or obligations arising under it.
12.3 We may transfer, assign, charge,
sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising
under it, at any time during the term of the Contract.
13.1We will not be liable or responsible for any failure to perform, or delay in performance
of, any of our obligations under the Contract that is caused by events outside our reasonable
control (Force Majeure Event).
13.2 A Force Majeure Event includes any act, event,
non-happening, omission or accident beyond our reasonable control and includes in particular
(without limitation) the following: (a) strikes, lock-outs or other industrial action; (b) civil
commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared
or not) or threat or preparation for war; (c) fire, explosion, storm, flood, earthquake,
subsidence, epidemic or other natural disaster; (d) impossibility of the use of railways,
shipping, aircraft, motor transport or other means of public or private transport; (e)
impossibility of the use of public or private telecommunications networks; and (f) the acts,
decrees, legislation, regulations or restrictions of any government.
13.3 Our performance
under any Contract is deemed to be suspended for the period that the Force Majeure Event
continues, and we will have an extension of time for performance for the duration of that
period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to
find a solution by which our obligations under the Contract may be performed despite the Force
Majeure Event.
13.4 In the event we suffer a technical problem which results in the loss of
the data and information that you have submitted to us on your Application Form we will be
unable to provide you with the Service and upon your application for the same we will provide
you with a full refund of our fees or alternatively you will provide us with the information
again so that we may complete the Service for you.
14.1 If we fail, at any time during the term of a Contract, to insist upon strict performance
of any of your obligations under the Contract or any of these terms and conditions, or if we
fail to exercise any of the rights or remedies to which we are entitled under the Contract, this
will not constitute a waiver of such rights or remedies and will not relieve you from compliance
with such obligations.
14.2 A waiver by us of any default will not constitute a waiver of any
subsequent default.
14.3 No waiver by us of any of these terms and conditions will be
effective unless it is expressly stated to be a waiver and is communicated to you in writing in
accordance with clause 11 above.
If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
16.1 These terms and conditions and any document expressly referred to in them constitute the
whole agreement between us and supersede all previous discussions, correspondence, negotiations,
previous arrangement, understanding or agreement between us relating to the subject matter of
any Contract.
16.2 We each acknowledge that, in entering into a Contract, neither of us
relies on, or will have any remedies in respect of, any representation or warranty (whether made
innocently or negligently) that is not set out in these terms and conditions or the documents
referred to in them.
16.3 Each of us agrees that our only liability in respect of those
representations and warranties that are set out in this agreement (whether made innocently or
negligently) will be for breach of contract.
16.4 Nothing in this clause limits or excludes
any liability for fraud.
17.1 We have the right to revise and amend these terms and conditions from time to time to
reflect changes in the requirements or legislation in respect of MOT Checks or such other
similar entitlement and the provision thereof, changes in technology, changes in payment
methods, changes in relevant laws and regulatory requirements and changes in our system's
capabilities.
17.2 You will be subject to the policies and terms and conditions in force at
the time that you order Services from us, unless any change to those policies or these terms and
conditions is required to be made by law or governmental authority (in which case it will apply
to orders previously placed by you)
Contracts for the purchase of Services through our site and any dispute or claim arising out of
or in connection with them or their subject matter or formation (including non-contractual
disputes or claims) will be governed by English law. Any dispute or claim arising out of or in
connection with such Contracts or their formation (including non-contractual disputes or claims)
will be subject to the exclusive jurisdiction of the courts of England and Wales.
Privacy
Statement Note: the privacy practices set forth in this privacy policy are for this web site
only. If you link to other websites, please review the privacy policies posted at those
sites.
Collection of Information - We collect personally identifiable information, like
names, postal addresses, email addresses, etc., when voluntarily submitted by our visitors. The
information you provide is used to fulfill your request for an application for the appropriate
MOT Check(s). This information is only used to fulfil your specific request, unless you give us
permission to use it in another manner.
Cookie/Tracking Technology The Site may use
cookie and tracking technology depending on the features offered. Cookie and tracking technology
are useful for gathering information such as browser type and operating system, tracking the
number of visitors to the Site, and understanding how visitors use the Site. Cookies can also
help customise the Site for visitors. Personal information cannot be collected via cookies and
other tracking technology, however, if you previously provided personally identifiable
information, cookies may be tied to such information. Aggregate cookie and tracking information
may be shared with third parties.
Distribution of Information We may share information
with governmental agencies or other companies assisting us in fraud prevention or investigation.
We may do so when: (1) permitted or required by law; or, (2) trying to protect against or
prevent actual or potential fraud or unauthorised transactions; or, (3) investigating fraud
which has already taken place. The information is not provided to these companies for marketing
purposes.
Commitment to Data Security - Your personally identifiable information is kept
secure. Only authorised employees, agents and contractors (who have agreed to keep information
secure and confidential) have access to this information. All emails and newsletters from this
site allow you to opt out of further mailings. We are registered data controllers for the
Purposes of the Data Protection Act 2018. Please visit our Privacy Policy for more information.
Your personally identifiable information is kept secure. Only authorised employees, agents and
contractors (who have agreed to keep information secure and confidential) have access to this
information. All emails and newsletters from this site allow you to opt out of further
mailings.
For further information about how we use your personal details, please see our
PRIVACY POLICY. You can request a hard copy of our privacy policy by speaking to our customer
services team.
Once the customer information has been successfully submitted through to the processing channels, we will retain your personal information for a minimum of 2 years from the point you have terminated this contract, however if under exceptional circumstances we are required to hold on to the date for longer than 2 years, we will consult the applicant and give full consideration to the Data Protection and Human Rights of the individual before doing so.
Privacy Contact Information
If you have any questions, concerns, or comments about our privacy
policy you may contact us using the information below: By e-mail: [email protected] Please
allow 24 hours for a reply.
We reserve the right to make changes to this policy. Any changes
to this policy will be posted on this web page, so please check back regularly.
Your credit
card statement will read “CheckMOT0333”
©2019 Check MOT Check MOT is a trading name of
OutboundBPO Ltd. Company Number: 05940797