Terms and Conditions for Scrap Car Lookup System Software Rental Agreement
- Licensor: Refers to Smart Services Group Ltd.
- Licensee: Refers to the client renting the software.
- Software: Refers to the Scrap Car Lookup System provided by the Licensor.
- Data: Refers to vehicle-specific information obtained through the Software.
- VRM: Refers to Vehicle Registration Mark.
- Requestor: Refers to the entity enquiring about specific vehicle data using the VRM.
2. Grant of Licence: The Licensor grants the Licensee a non-exclusive, non-transferable licence to use the Software on a single website owned by the Licensee.
3. Permitted Use of Data:
- To confirm the vehicle’s identity and assign a price by validating that the VRM matches the correct vehicle.
- Licensee will use the Data to verify the vehicle.
- Any change in the use of Data not defined under this Agreement must be notified in writing before offering the service.
- Conditions on the use of VRM as Search Criteria:
The release of Data (or part thereof) based on a VRM is permitted only in the following scenarios: a) The VRM pertains to a vehicle where the Requestor is the owner or registered keeper. b) The VRM is linked to a vehicle intended for sale or marketing. c) Verifying the vehicle’s identity is essential for the Requestor to access the Data.
Restrictions on Free Disclosure of Data:
Only the following Data fields may be shared free of charge:
- Year of Manufacture
- Fuel Type
- Engine Size
Prohibition on Data Sale:
The Data, in its entirety or in part, must not be sold or marketed as a vehicle check service or for any other purpose..
4. General Restrictions: The Licensee is barred from copying, reproducing, or cloning the Software. No sublicensing, leasing, or renting of the Software to third parties is allowed. Reverse engineering the Software’s source code is prohibited.
5. Ownership: All rights in the Software, including intellectual property, are retained by the Licensor. The Licensee does not obtain any ownership rights.
6. Maintenance and Support: The Licensor commits to maintain the Software and to rectify any issues, unless caused by the Licensee. Issues attributable to the Licensee may incur additional charges.
7. Confidentiality and Data Protection: Both parties commit to uphold the confidentiality of all exchanged information, particularly Data. Parties will adhere to all pertinent data protection laws and employ robust security measures to prevent unauthorised breaches.
8. Limitation of Liability: The Licensor shall not be liable for any direct, indirect, incidental, consequential, or any other damages whatsoever, arising from or in connection with the use, inability to use, or performance of the Software.
9. Warranty Disclaimer: The Software is provided “as is”. The Licensor disclaims all warranties, whether implied or explicit.
10. Indemnification: The Licensee will indemnify the Licensor against claims arising from the Software’s use, except those resulting from the Licensor’s intentional misconduct.
11. Duration and Termination: The duration of this Agreement shall be as mutually agreed upon by both parties in advance. The Agreement may be terminated earlier due to breaches by the Licensee. Upon termination, all use of the Software by the Licensee must cease, and all copies must be returned or destroyed.
12. Future Price Increases: Typically, the Licensor implements an annual price increase each January, based on the Consumer Price Inflation (CPI) data from the Office of National Statistics (ONS). The annual average percentage increase in the CPI determines the corresponding increase in prices. This ensures that prices remain aligned with the evolving economy, keeping the impact on the Licensee reasonable.
13. Miscellaneous Provisions: Please note that these terms may be updated or amended from time to time. We recommend that visitors periodically review this webpage to stay informed of any changes.
14. Law and Jurisdiction: The Contract shall be governed by and construed in accordance with English law and the parties hereby agree to submit to the non-exclusive jurisdiction of the English courts.