Terms of Use & Conditions of the Service

First of all, thanks for relying on VINLEAKS!

This document describes the Terms of Use & Conditions of the services that this company offers (“Service”) applicable to VINLEAKS and the customers. If there is no separate agreement, in writing, this is the Agreement by default with the clients.

It is important that you read these Terms and Conditions in full before using our Service. By using our Service you agree to these Terms and Conditions. If you do not agree you should not use our Service.

   1. Contract

VINLEAKS’s Service & products are at your disposal on our website. There is no bidding in the offers in our website regarding any aspect of the Service. However, the order that a client submits constitutes a binding contract.

Once the order is placed, VINLEAKS will send you a confirmation email to acknowledge the order. The acknowledgement of the order DOES NOT imply or constitute acceptance of the order.

In fact, any order passes an evaluation prior to being accepted. The customer will receive another notification if the order is accepted or denied.

    2. Ownership and License

Vehicle History Reports ("VHR") are one of the most popular services by VINLEAKS. The customer obtains a limited non-transferable and non-exclusive license to access this VHR. The data in the described report is exclusively meant for personal and non-commercial use. VHRs are meant to allow purchasers to make wise purchasing decisions; however, we cannot guaranty the accuracy of the reports or promise their admissibility as evidence before a court of law.

There is also a package of reports at your disposal as part of our Service. This package has limited validity, being 1 year at this moment. For this period of validity, the client can access to the VHRs on our website. 

Any ordered report is accessible for unlimited time. There is no limit as to the number of times you can access a report during this period.

     3. Restrictions on Access and Use

VINLEAKS has the right to deny orders if the company believes there could be an improper use of the Service.

As a customer, you CANNOT: Distribute, disseminate, copy, publish or share by any means the information contained in your personal pack of VHRs or single VHR; nor may a customer distribute, disseminate, copy, publish or share, in whole or in part, the reports.

The customer is not allowed to use any part of our Service for: commercial uses, resale, or redistribution unless there is authorization by VINLEAKS by writing. Further, the extraction and/or re-utilization of any part of our Service by third-parties without express authorization of the company is not allowed. Unauthorized access to our database for data extraction or any illegitimate interest will be prosecuted. In particular, automatic access and/or exploitation of the data in our server is forbidden.

The customer accepts NOT TO:

  1. Use the VHR for any sort of unlawful purposes;

  2. Provide our Service or VHRs for reselling, remarketing or any similar activities (that imply commercial use);

  3. Provide our Service or VHRs to any motor vehicle dealer without express authorization by VINLEAKS;

  4. Replace, change, rewrite labels or copyrighted content in VINLEAKS’ VHRs and/or any associated documentation; and/o

  5. Parse VHR’s info regarding the Service provided by VINLEAKS as part of any order.

Any of the above-cited actions against this Agreement will be prosecuted.

 

4. Fees and Payments, Returns

To get a VHR the customer will have to provide a vehicle identification number (“VIN”) on VINLEAK’s website.

An invalid VIN shall return an error notification and will not result in a charge to the customer.

When a valid VIN is provided but no data is found in the search the customer will not be charged.

The customer CANNOT return VHRs and/or VHR packs. The Service is NOT refundable due to the electronic nature of the service.

 

5. Withdrawal

   5.1 Right of withdrawal​

The client has the right to withdraw from the Service within 2 weeks (14 days) from the date of order with no given reason. After 14 days from the deadline, the withdrawal period will automatically expire. In order to exercise this right, the customer should contact us at:

VINLEAKS L.P.
44 MAIN STREET
DOUGLAS
SOUTH LANARKSHIRE
SCOTLAND
ML11 0QW
Company No. SL018936

E-mail: info@vinleaks.com

You can either send a letter by post, fax or e-mail to exercise your right at any moment. There is a withdrawal form at your disposal on the website at all times.  Check section 6.3 to get a copy of this form as well. You just need to send the letter BEFORE the withdrawal period expires to get the withdrawal.

Effect of this withdrawal

If the withdrawal is accepted, you will receive a full refund of any payments - costs of delivery included. The only exception is any possible supplementary costs that are applied to the delivery option above the regular, i.e. the cheapest. This withdrawal will take effect in no more than 2 weeks (14 days) starting from the date of the letter.

The refund will be performed using the same means of payment for the order. If you want another payment method for this procedure, you have the right to express this preference without additional cost to you.

In the case that the performance of our during the withdrawal period, you will need to pay an additional amount proportional to the extension of the Service performed before the withdrawal takes effect.

   5.2  Exclusion of customer’s right of withdrawal ​

In the case that the customer acknowledges losing the right of withdrawal prior to making use of such right, no refund will be processed or accepted.

   5.3  Model Withdrawal Form​​

(Complete the following form if you wish to exert your right to a withdrawal)

To: VINLEAKS L.P.44 MAIN STREET
DOUGLAS
SOUTH LANARKSHIRE
SCOTLAND
ML11 0QW
Company No. SL018936

Fax:      

Email:    

I/We _________________________ hereby notify that I/We ____________________ decide to withdraw from my/our _________________________ contract regarding the sale of these goods: ______________________ /from the provision of these services: __________________________.

Date of order _____________________ / Date of reception __________________,

Client’s Data

Full Name:

Address:

Signature:

Date:

---Edit and complete before sending---

6. Breaches, Late Fees and Liability

Any invoices that are not paid before 1 month (30 days) from the day reception is acknowledged will impose interests – the rate will be five percent (5 %),  or the interest rate provided by law, whichever is greater, plus the prime rate set by the European Central Bank.

The customer is responsible for any fees, such as penalties, for misuse and/or unauthorized use of the Service or the customer’s personal account on our website.  

7. Disclaimer

VINLEAKS collects data from public records and uses other sources to create the VHRs. Such data may contain mistakes, errors and/or omissions which are not our responsibility.

VINLEAKS DOES NOT guarantee the correctness nor the completeness of these documents that are displayed in the VHRs.

The information available in the reports may also be available to other parties. VINLEAKS does not warrant exclusive access to that information.

VINLEAKS may be subjected to data submission and/or delays in inclusion of information in the VHRs due to  delays from its sources.

VHRs ARE NOT conclusive about the condition of vehicles. Customers assume 100% FULL responsibility about the decisions based upon the VHRs.

VINLEAKS' unique obligation when incorrect data is included in the VHRs is to update such reports.

VINLEAKS offers no warrant as to the VHRs being complete or error-free in any circumstance.

8. Limitation of Liability

VINLEAKS is responsible for:

i) Grave negligence, damages due to injuries to life, body and/or health.

ii) Slight negligence: VINLEAKS will be liable for breaches of a material contractual obligation (known as “cardinal duty”).A “cardinal duty” implies this provision to be an obligation whose fulfillment makes the implementation of this contract possible in the first place and on the fulfillment of which the contractual partner may therefore generally rely.

iii) Clause ii implies that VINLEAKS will not be liable for eventual lack of commercial success and/or lost profits. The same applies for indirect damages that may arise.

iv) Liability in accordance with the above Clauses ii and iii will be limited to typical and/or foreseeable damages.

v) Limitation of liability will apply mutatis mutandis to the benefit of the employees, agents and vicarious agents of VINLEAKS.

vi) Potential liability on the part of VINLEAKS for warranties and/or claims based on the Scotland Product Liability Act will not be affected.

 

9. Indemnification

Customer will indemnify, defend and hold harmless VINLEAKS and its agents against suits or damages, direct or indirect, arising out of the customer's use of VHRs, including but not limited to any claims arising from incomplete and/or inaccurate data on the VHRs provided by our Service.

10. Governing Law and Contractual Language

The present Terms of Use & Conditions of the Service will be governed by and construed in accordance with the Laws of Scotland.

Conflicts of law provisions are excluded.

Dispute, controversy or claim that may arise in relation with the present Terms of Use & Conditions of our Service will be settled by the courts in Lankashire, Scotland, under Scottish current legislation.

The contractual language is English.

11. Modifications and/or Assignments

VINLEAKS can modify or supplement the present Terms of Use & Conditions of the Service at any time.

VINLEAKS will notify customers of modifications or supplements by email or by other suitable means, such as a notification during the login process on our website.

Any possible notification will be submitted at least six weeks (6 weeks) before the effectiveness takes place. Unless an objection is presented before the application of the measure or changes, the upcoming modification will take immediate effect as scheduled.

VINLEAKS will notify the resulting change in the case that the customer does not object. The present Terms of Use & Conditions of the Service will be or become invalid, and the validity of the remaining modifications shall remain unaffected unless stated otherwise by writing.

Both contracting parties will reach an Agreement that will replace the previous Terms and Conditions with the provisions that economically display the spirit and/or purpose of any previous invalid provision.

The same procedure describes in this section applies to any possible omission in the present Terms of Use & Conditions of the Service.

12. Effective Date

The effective date of the current Terms and Conditions is 29 of January 2016.