Terms of service

Introduction

  1. These Terms and Conditions govern your use of the website executed under the brand “Creative Stop”, in the Internet domain ” vin-check.online ” (hereinafter, the “Website”). If you do not agree to these Terms and Conditions or any part of these Terms and Conditions, you should not use the website.
  2. The full name of our company is “Online Servicios Telemáticos, SL”. We are registered in Spain with the tax identification number (CIF): B19677095; Our company is registered in the commercial register. Our registered address is: C / Blas Otero. You can contact us through the form ” Contact us ” or at info@vin-check.online.
  3. The main purpose of the website is to provide its users with as much technical and historical data of a particular vehicle (Vehicle Data) based on the VIN number as possible. We acquire the data from the Database defined below. Despite our efforts to make Vehicle Data a reliable source of knowledge regarding a particular vehicle, full verification of that data with the current updated status is not possible. Therefore, Vehicle Data may replicate Database source errors and differ from the current updated status. Due to that fact, Vehicle Data should be treated only as a subsidiary tool to assess the history and condition of a particular vehicle, and the actual condition and documents of that vehicle should always be examined directly by the persons concerned, especially before the purchase of the vehicle. Access to vehicle data can be paid. The vehicle data does not contain any personal data. The content of the vehicle data varies with each vehicle and depends on the specific data available in the database. You can check if the Database contains the specific data before downloading the Vehicle Data. The content of the vehicle data varies with each vehicle and depends on the specific data available in the database. You can check if the Database contains the specific data before downloading the Vehicle Data. The content of the vehicle data varies with each vehicle and depends on the specific data available in the database. You can check if the Database contains the specific data before downloading the Vehicle Data.
  4. Our services available on the website are dedicated to individuals, companies and other entities, which are located or inhabited in the territory of the European Union or the United States of America.
  5. The services on the website are intended for users who are at least 18 years of age.
  6. The rules for the use of your personal data and cookies are subject to regulations in our Privacy Policy available on the website.
  7. To use the website, you must use a device that has access to the Internet and to the Internet browser, such as Internet Explorer 9.0 or similar software. To use some website options, it may be necessary to use cookies or use Java and Java Script software. We do not assume any responsibility for the lack of access to the data stored on the website due to the lack of conformity of your device with the technical requirements stipulated above.

II Definitions

  1. In these Terms and conditions:
  2. “Vehicle data” refers to various types of vehicle data sets available on the database website, which refer to information on individual vehicles (which may include information on vehicle history, technical specifications, safety of the vehicle, etc.) and should only be treated as a subsidiary tool to assess the history and condition of a particular vehicle as they are not fully verified with respect to its accuracy and consistency with the current updated status of that vehicle.
  3. “Consumer” means any natural person acting for purposes other than their trade, business or profession.
  4. “Database” refers to all available vehicle data sources, in particular our “VIN-check” database and the databases associated with us, in particular: National Motor Vehicle Title Information System ( NMVTIS, http://www.vehiclehistory.gov) /), National Highway Traffic Safety Administration (NHTSA, http://www.nhtsa.gov/), Vehicle and Operator Services Agency (VOSA, https: //www.gov.uk/government/organisations/vehicle-and-operator -services-agency) and other databases containing vehicle data.
  5. “VIN Number” means the Vehicle Identification Number which is a unique code used by the automotive industry to identify individual motor vehicles, towed vehicles, motorcycles, scooters, and mopeds as defined in ISO 3833.

III. License to use the website

  1. Unless otherwise stated, we or our licensors own the intellectual property rights on the website and the material on the website. Subject to the license below, all of these intellectual property rights are reserved.
  2. You may view, download for caching purposes only, and print website pages for your personal use, subject to the restrictions set forth below and elsewhere in these Terms and Conditions.
  3. You should not in particular:
    1. republish material from the website (including posting on another website).
    2. sell, rent, lend, donate, transfer or sublicense material from the website.
    3. display any material on the website in public.
    4. reproduce, duplicate, copy or otherwise exploit material on the website for commercial purposes.
    5. edit or modify any material on the website.
    6. redistribute material from the website.

          g. Unless you receive our express written consent to do so.

IV. Acceptable use

  1. You must not use the website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way that is unlawful, unlawful, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity. The information, graphics and other materials available on the website are subject to copyright protection.
  2. You must not use the website to copy, store, host, transmit, send, use, publish or distribute any material consisting of (or linked to) any spyware, computer virus, Trojan horse, worm, keystroke recorder, rootkit or other malicious computer software
  3. You must not engage in any systematic or automated data collection activities (including but not limited to scraping, data mining, data mining and data collection) on or in connection with the Website without our express written consent.
  4. You should not use the website to transmit or send unsolicited commercial communications.
  5. You must not use the website for any marketing related purpose without our express written consent.

V. Restricted access

  1. Access to certain areas of the website is restricted. We have the right to restrict access to other areas of the website, or to the entire website, subject to the rights of users derived from previously concluded agreements.
  2. If we provide you with a user ID and password to enable you to access restricted areas of the website or other content or services, you must ensure that the user ID and password are kept confidential.

SAW. User generated content

  1. The content of your user must not be illegal or illegal, must not infringe the legal rights of third parties, the rules of social existence, Netiquette or other established customs, and must not be able to give rise to legal actions either against you or against us or against a third party. (in each case under any applicable law).
  2. You should not submit any user content to the website that has been or has been the subject of any threatened or actual legal process or other similar complaint.
  3. We reserve the right to edit or delete any material submitted to the website, or stored on our servers, or hosted or published on the website.
  4. Notwithstanding our rights under these Terms and Conditions and the binding law regarding user content, we do not undertake to monitor the submission of such content or the posting of such content on the website.
  5. You are requested to store all the data uploaded to the website also on your own devices to prevent it from being lost.

VII. Procedure to obtain vehicle data and payment

  1. Access to certain areas of the website and the obtaining of vehicle data are paid. In such case, payment will be made only through the payment service providers indicated on the website (such as PayPal or PayU) with a credit card or other means provided by it.
  2. In case you want to obtain the Vehicle Data, you must first indicate the VIN number or other vehicle data (as requested in the forms on the website) to verify if we have information about the specific vehicle. Then, you must register on the website and choose one of the options to acquire the Vehicle Data so that we can provide our services to you. The agreement between you and us to provide the Vehicle Data from the Database will be considered concluded at the time you make the payment. These Terms and Conditions constitute the part of the agreement between you and us.
  3. Please note that payments for the services provided on the website are made through the payment service providers indicated on the website (such as PayPal or PayU) and therefore payments made in connection with the services Provided on the website are governed by the terms and conditions of those companies, which are available on their websites.
  4. The prices of the vehicle data in various options are provided on the website.
  5. On the website you can request subscriptions for specific numbers of Vehicle Data during the specified time periods. The price of such subscriptions (provided on the website) varies and depends on the time period and the number of vehicle data for which the subscription is granted.
  6. In the event that the Database is not available during the period in which you have the right to use our services on the basis of subscriptions for more than 1 day, the corresponding subscription period will be extended accordingly at the request of the user of that subscription.
  7. Vehicle data is automatically generated and, subject to the limits specified on the website, is available immediately after the agreement between you and us to provide the vehicle data is concluded. Any delay in the generation of Vehicle Data that has appeared due to technical problems caused by a third party or for the purpose of maintaining the Website and updating its software does not constitute a violation of the agreement on the provision of Vehicle Data.
  8. We can offer you additional services on the website related to vehicle data, in particular with regard to automatic vehicle valuation that is subject to vehicle data. In such case, the provisions of these Terms and Conditions regarding the services of providing the Vehicle Data will apply accordingly, particularly with respect to the purchase of the services (Section VII of these Terms and Conditions) and the scope of our responsibility for these services (Sections VIII-X of these Terms and conditions).

VIII Limited warranties and user complaints.

  1. Pursuant to the agreement between you and us to provide Vehicle Data, we are required to provide you with access to Vehicle Data, which is available in the Database at the time of the request. The vehicle data is only to assist and advise you, the database is not an official database. Therefore, due to objective reasons, we do not guarantee the completeness or up-to-date accuracy of the Vehicle Data.
  2. We provide Vehicle Data only based on the data we have in the Database at the time of the request to provide Vehicle Data. Therefore, you should be aware that, in case you get any of the services available on the website, some of the information you want may not be available in the database or is outdated or inaccurate. We are not responsible for such lack of information in the Vehicle Data or the lack of possibility to generate the Vehicle Data due to the lack of information requested in the Database or due to the fact that the data in the Vehicle Data does not are up to date. date or not fully consistent with the actual state.
  3. The vehicle specifications presented in the Vehicle Data are based on decoding the VIN Number (which statically identifies the manufacturer and the vehicle description). Therefore, it will not reflect specific modifications made to this particular vehicle throughout its existence.
  4. In the event that you are not the Consumer, to the maximum extent permitted by applicable law, we exclude all representations, guarantees and conditions related to the website and the use of the website (including, among others, the implicit guarantees by law of satisfactory quality, fitness for purpose and / or the use of reasonable care and skill); And we do not guarantee the accuracy of decoding the VIN number.
  5. If you notice a technical problem with the website, or if you find that the data provided by us is incomplete or out of date, or if you have any complaints regarding the website, you should notify us immediately. “Contact” form or to the email address indicated above in Introduction to the Terms and conditions. We strive to respond to your email as soon as possible.

IX. Limitations and exclusions of liability.

  1. Nothing in these Terms and Conditions (a) will limit or exclude our liability or yours for fraud or fraudulent misrepresentation; (b) limit any of our responsibilities or yours in any way that is not permitted by applicable law; or (c) exclude any of our responsibilities or yours that cannot be excluded under applicable law; in particular, it will not exclude any of our responsibilities or yours for damages or losses caused by fraud (which is understood as intentional fault).
  2. The limitations and exclusions of liability established in these Terms and Conditions:
    1. are subject to paragraph 1 above;
    2. it will govern all the responsibilities derived from the Terms and conditions or the Private Policy in relation to the subject of the Terms and conditions or the Private Policy, including the responsibilities derived from contracts, tort and / or criminal acts; and
    3. they are not applicable to consumers.
  3. In case you are not the Consumer, as far as possible according to the applicable law:
    1. We will not be responsible for any loss or damage of any nature, unless such loss or damage has been caused by fraud (which is understood as intentional fault), in particular any liability based on the guarantee rule (rękojmia) or similar is excluded ;
    2. We will not be responsible to you regarding any loss or corruption of data, databases or software, both ours and yours.
  4. We will not be liable to you with respect to any loss arising from any event or events beyond our reasonable control.
  5. Vehicle data is provided exclusively to the user who is part of the agreement with us to provide the vehicle data. It is forbidden to make the Vehicle Data public by the buyer of that data who is not the Consumer.
  6. With respect to the data in the Vehicle Data that comes from the National Information System of Motor Vehicle Titles (NMVTIS), by using the website you accept the NMVTIS disclaimer, which is part of these Terms and Conditions and that It is available at http: // vehiclehistory. gov / nmvtis / and also on the website. Regarding the data in the Vehicle Data that comes from the databases of the National Highway Traffic Safety Administration (NHTSA) or the Vehicle and Operator Services Agency (VOSA), when using the website You agree to the terms and conditions governing those databases unless they are intended for direct users of that website.

X. Compensation

  1. In the event that you are not the Consumer, you hereby indemnify us and agree to hold us indemnified for any loss, damage, cost, liability and expense (including, without limitation, legal expenses and any amount paid by us to a third party in settlement of a claim or dispute by the advice of our legal advisors) incurred or suffered by us as a result of any breach by you of any provision of these Terms and Conditions, or arising out of any claim that you have breached any provision of these Terms and Conditions.

XI. Breach of these Terms and conditions

  1. Without prejudice to our other rights under these Terms and Conditions, if you breach these Terms and Conditions in any way, we may take whatever steps we deem appropriate to address the violation, the purpose of which is to stop the continuation of the violation and limit the scope of the damage caused by non-compliance, including suspension of your access to the website, prohibition of access to the website, blocking of computers that use your IP address to access the website, contact your Internet service provider to request that block your access to the website and / or initiate legal action against you.

XII. Variation

  1. We may update these Terms and Conditions from time to time by posting a new version on the website. In the event that you have provided us with your personal data, including your email address, and if our services are provided to you at the time of these Terms and Conditions change, you will be notified of each change.
  2. In case you are not the Consumer, the change of our contact information will not constitute a modification of these Terms and Conditions.
  3. You must keep your specified email address updated when registering on the website.

XIII. Assignment

  1. You may not transfer, subcontract, or otherwise deal with your rights and / or obligations under these Terms and Conditions.

XIV. Severability

  1. If a court or other competent authority determines that a provision of these Terms and Conditions is illegal and / or unenforceable, the other provisions will continue in force. If any illegal and / or unenforceable provision would be legal or enforceable if part of it were removed, that part will be deemed to have been removed, and the rest of the provision will continue in effect.

XV. Exclusion of third party rights.

  1. These Terms and Conditions are for your benefit and ours, and are not intended to benefit a third party or to be enforceable by any third party. The exercise of our and your rights in relation to these Terms and Conditions is not subject to the consent of any third party.

XVI. Entire Agreement

  1. These Terms and Conditions, together with our Privacy Policy and the prices stipulated on the website constitute the entire agreement between you and us regarding your use of the website, and supersede all previous agreements regarding your use of the website. .

XVII. Consumer access to the NMVTIS information system – disclaimer

  1. The National Motor Vehicle Title Information System (NMVTIS) is an electronic system that contains information about certain titled automobiles in the United States. NMVTIS is intended to serve as a trusted source for automobile title and brand history, but does not contain detailed information on vehicle history, service, and repair history.
  2. All states, insurance companies and junkyards and salvage yards are required by federal law to regularly report to NMVTIS. However, NMVTIS does not contain information on all motor vehicles in the United States because some states are not yet providing their vehicle data to the system. Currently, the data provided to NMVTIS by states is provided in a variety of time frames; While some states report and update NMVTIS data in “real time” (as title transactions occur), other states send updates less frequently, such as once every 24 hours or within a period of days.
  3. Information about significant prior damage to the vehicle cannot be included in the system if the vehicle was never determined by an insurance company (or other appropriate entity) as a “total loss” or marked by a state title agency. Rather, an insurance company may be required to report a “total loss” even if the vehicle’s title state has not determined that the vehicle is “salvage” or “junk.”

XVIII. Information in NMVTIS

  1. The information in NMVTIS includes:
    1. Information from participating state motor vehicle titling agencies.
    2. Information on cars, buses, trucks, motorcycles, RVs, motorhomes, and tractors. NMVTIS cannot currently include commercial vehicles if those vehicles are not included in a state’s primary database for title records (in some states, those vehicles are managed by a separate state agency), although these records may be added later .
    3. Information on “marks” applied to vehicles provided by state motor vehicle titling agencies. Brand types and definitions vary by state, but can provide useful information about the vehicle’s condition or previous use.
    4. Most recent odometer reading on the state title record.
    5. Information from auto insurance companies and recyclers, including junkyards and salvage yards, that the law must report to the system as of March 31, 2009. This information will include whether the vehicle was determined to be a “total loss ”By an insurance company.
    6. Information on salvage and junkyards receiving a “junk cash” vehicle exchanged under the 2009 Consumer Assistance Recycle and Save Program (CARS).
  2. Information about significant prior damage to the vehicle cannot be included in the system if the vehicle was never determined by an insurance company (or other appropriate entity) as a “total loss” or marked by a state title agency. Rather, an insurance company may be required to report a “total loss” even if the vehicle’s title state has not determined that the vehicle is “salvage” or “junk.”
  3. We recommend that you visit www.vehiclehistory.gov for details on how to interpret the information in the system and understand the meaning of various labels applied to vehicles by participating state motor vehicle titling agencies.

XX Right of withdrawal

  1. In case you are a Consumer and subscribe to several specific numbers of the Vehicle Data during the specified period of time, unless you have started using our services, that is, if you have obtained through the Website any Vehicle Information, You have the right to revoke this agreement without stating any reason within 14 days. The revocation period is 14 days from the date the agreement was concluded. To exercise your right of revocation, you must inform us by email or postal address provided in the Introduction of these Terms and Conditions of your decision to cancel this contract by means of a clear statement (for example, a letter sent by mail or email). You can use the revocation form available on the “Contact us” website, which however is not mandatory. For an observation of the revocation period,
  2. If you start using our services on the website before the deadline to exercise your right of revocation, you lose this right. By accepting these Terms and Conditions, you acknowledge the possibility of losing the right of withdrawal.
  3. If you revoke this agreement, we will be required to immediately reimburse you for all payments we have received from you, no later than 14 days from the day we receive notice of revocation of this agreement. For this refund, we will use the same means of payment that you used in the original transaction, unless other means have been expressly agreed with you; In no event will you be charged a fee for this refund.