Terms of Service

Updated 10-16-2021
Introduction:

The Internet store Car Simulcast (hereinafter referred to as the “Contractor”) publishes this public offer for the provision of services. In accordance with Article 641 of the Civil Code of Ukraine (hereinafter referred to as the Civil Code of Ukraine), this document is posted on the Internet

at carsimulcast.com/tos, is a public offer, and in the case of an individual (hereinafter referred to as “Client ") actions indicating its acceptance is mandatory for the Contractor and the Client.

Payment by the Client for the Contractor's services is a full and unconditional acceptance of the offer, it is considered tantamount to concluding an agreement on the terms set out in the offer.

Terms used in the contract

In this agreement, the following terms are used in the following meaning:

  • "Client" - an individual who has entered into an agreement with the Contractor on the terms contained in this agreement.
  • "Offers" - a public offer of the Contractor, addressed to any individual, to conclude an agreement with him on the provision of services (hereinafter referred to as the "Agreement") on the existing conditions contained in the offer.
  • "Acceptance" - full and unconditional acceptance by the Client of the terms of the offer.
  • “VIN-code” is a unique serial number that is used in the automotive industry to individually identify each motor vehicle, towed vehicle, motorcycle and moped, which are defined in the international standard ISO 3833.
  • "Vehicle History Report" - a detailed report on the history of a vehicle that has been operated in the United States and / or Canada, which includes information about the vehicle's equipment, release date, mileage, number of owners, and the like.
Subject of the contract

This agreement is a public agreement, it is considered concluded between the Contractor, on the one hand, and the Client, on the other, from the moment the latter accepts all, without exception, the terms and conditions of this Agreement and its annexes.

Under this Agreement, the Contractor undertakes to provide the Client with electronic services for the search and preparation of the Vehicle History Report, which may include the following information:

  • Technical characteristics of the car: make, model, year of manufacture, type of fuel, etc.
  • Vehicle mileage: data of recorded vehicle mileage.
  • Check history: records of checks of a given VIN.
  • checking the databases of stolen vehicles.
  • Manufacturing defects: information from the manufacturer about manufacturing defects in a series of vehicles.
  • Manufacturer Information: Address of the assembly site.
  • Photos: a selection of photographs of the car.
  • The condition of the airbags.
  • Number of owners.
  • other information.

as well as other services provided by the Contractor (hereinafter referred to as the "Services") through the web interface of the site carsimulcast.com , and the Client undertakes to accept these services and pay for them in the manner and on the terms determined by this Agreement and the legislation of Ukraine.

The provision of services by the Contractor under this Agreement is carried out in accordance with the norms of the current legislation of Ukraine and the agreements of the Parties. The Contractor, if necessary, at his own discretion, may involve other persons for the provision of services, on the terms of cooperation.

By performing any actions on the portal, the Client is considered to have accepted the terms of this Agreement in full, without exception. If the Client disagrees with any provisions of the Agreement, the Client is not entitled to use the services of the website Car Simulcast.

The list of services provided by the Contractor is indicated on the Contractor's website at carsimulcast.com/tos.

Vehicle history reports received by the Client on the Contractor's website are intended only for personal non-commercial use and cannot be used by the Client for commercial purposes.

The Contractor is a data combiner and is not responsible for the completeness of the data provided in the Vehicle History Report.

The Contractor notifies the Client that, depending on the car brand, its manufacturer, year and place of production, the amount of information provided to the Client in the manner of providing the Service may be less than that specified in clause 2.2., Due to circumstances beyond the control of the Contractor and website carsimulcast.com

Right and obligations of the parties

Provide the services provided for in this Agreement on time, with high quality and in full.

Provide the Client with information and documents regarding this Agreement, the result and the process of providing services using electronic communications.

Inform the Client about any circumstances that hinder or may hinder the quality, timely or complete provision of services under this Agreement.

Maintain the confidentiality of all information under this Agreement and on all relationships with the Client, except for cases stipulated by the legislation of Ukraine.

The contractor has the right:

Make changes to the services of the website.

Storage and processing of the personal data of the Client.

Carry out preventive work on the services of the website with a temporary suspension of their work or the work of the website as a whole.

Change the terms of this Agreement unilaterally without prior notice to the Client, by publishing these changes on the website, no later than 15 calendar days from the date of their introduction (acceptance).

Refuse to provide services in case of improper performance by the Client of his obligations under this Agreement.

The Contractor is not responsible for the consequences of unauthorized use of the website services by third parties, committed through no fault of the Contractor.

The client undertakes:

Provide complete, accurate information necessary for the provision of the Services.

Pay for the Services in accordance with Section 4 of this Agreement.

Comply with other legal requirements of the Contractor necessary for the proper execution of this Agreement.

Take full responsibility for all actions taken on the website located on the Internet at carsimulcast.com.

Do not use the services of the website to commit any illegal actions.

The sending by the Client through the website of any request for information is considered as confirmation by the Client of consent to the terms of this Agreement.

The client has the right:

Receive the Services in a timely manner, with high quality and in full in accordance with the terms of this Agreement.

Receive the necessary and reliable information from the Contractor about the volume of services provided by him, as well as other information related to the provision of services.

Receive additional information and additional materials about the Services provided by the Contractor.

The Client undertakes not to reproduce, repeat, copy, sell, or use the information and materials that became available to him in connection with the provision of the Service, with the exception of their personal use.

The Client is obliged to maintain the confidentiality of all information under this Agreement and on all relationships with the Client, except for cases stipulated by the legislation of Ukraine.

Terms of provision and payment of the service

To receive the Service, you need to connect to the Internet and install a web browser (for example, InternetExplorer 6, Mozilla Firefox 1.5, Opera 9, GoogleChrome, Safari 3) with cookies and JavaScript enabled, as well as Adobe AcrobatReader version 3.0 and higher.

If there is access to the Internet, the Client sends through the web interface on a website located on the Internet at carsimulcast.com , a request, indicating the VIN code of the car, to obtain information about the vehicle (car).

The Contractor carries out a preliminary free check according to the VIN-code specified by the Client.

The response to the Client's request may be as follows:

Provide a summary of the vehicle's ownership and operating history and offer to purchase a complete Vehicle History Report.

Report the lack of information about the vehicle (car) and ask the Client to enter other data about the car being checked.

In the case of multiple vehicle history reports, the Client is charged only for the Vehicle history report that has a valid vehicle (car) VIN.

If the user enters an invalid VIN-code, the Service cannot be provided to the Client, about which the latter is notified with the help of additional information on the website. In turn, the Client does not bear any additional fees and charges will not be charged.

Payment for services is also not charged in the case when the Client has entered a valid VIN-code, however, the Contractor does not find any up-to-date and valid information about the car.

The client makes a prepayment for each Vehicle History Report.

The search and preparation of the Vehicle History Report is carried out only if the Client pays the specified payment.

Payment for the Vehicle History Report is made through the appropriate interface on the website of the carsimulcast.com.

Information on the cost of the service is provided in the form of calculations on the website carsimulcast.com in a window that will appear after a preliminary free check of databases and determining the amount and type of information available according to the specified VIN code. The Contractor has the right to unilaterally change the amount of the service fee.

Payment is made using external electronic payment systems via the Internet.

The Client pays for the Services in a non-cash form by transferring funds to the account of the Contractor specified in this Agreement using a bank card.

Detailed payment arrangements are governed by rules set by external independent service providers.

Receiving the Service using the electronic payment system provides for: - choosing the type and option of the Service. - specifying the e-mail address used in the process of receiving the service. - confirmation of the order by the Client.

After payment is made and information is available on the VIN-code specified by the Client, the latter will be sent to the site carsimulcast.com , where he can receive the result of the Service. Preparation of the result of the Service takes from a few seconds to several minutes / hours.

Any payment made on carsimulcast.com to Car Simulcast are final and non-refundable. This includes the purchase of vehicle history reports and/or account credits.

Resonsibility of the parties

For non-fulfillment or improper fulfillment of the obligations provided for by this Agreement, the Parties shall be liable in accordance with the current legislation of Ukraine.

Payment of penalties does not relieve the guilty Party from fulfilling its obligations under this Agreement.

The Contractor is not liable to the Client for delays or interruptions in the provision of services for reasons that are beyond the control of the Contractor; the settings for the operation of the Client's computer or communication systems and companies that support the transfer of information for the Client do not make it possible to provide data transfer for the Client; failures in the operation of the computer or communication systems of the Client and companies that support the transfer of information for the Client.

The Contractor is not responsible for any loss or damage caused to the Client or third parties as a result of the client's use of the result of the services.

The contractor generates reports on the history of the car by its VIN-code according to the information in the database, which includes various sources. However, the Report on the history of the car may not reflect all the existing data regarding the negative characteristics of the vehicle (car), since the Contractor is not able to obtain absolutely complete information about the vehicle (car).

Vehicle history reports are generated based on information provided from external sources that are reliable. However, since these sources are external, and the information that comes in cannot be verified in some way, the Contractor is not responsible for inaccuracies, errors and incompleteness of the information contained in the vehicle history reports. The Contractor cannot guarantee the reliability and sufficiency of the data in the Vehicle History Report for the specific goals pursued by the Client, as well as the achievement of these goals by the Client.

The Contractor is not responsible for any claims or losses incurred by the Client or third parties in connection with the incorrect or erroneous input of the VIN-code, incorrect use of the Vehicle History Report by the Customer, or in connection with the presence of incomplete / inaccurate Vehicle History Reports in the Vehicle History Reports. information.

The Contractor is not responsible for losses (both real damage and lost profits, as well as any other losses) of the Client as a result of the Client's use of the website and the provision of information services by the Client on the carsimulcast.com portal .

The Contractor is not responsible for the Client's losses due to poor quality of communication channels, technical failures, incomplete or false information.

In case of non-performance or improper performance by the Client of this Agreement, the Client is liable to the Contractor.

By agreeing with the Agreement provided to the Client by the carsimulcast.com website , the Client agrees that he has read all the pages of the carsimulcast.com website and understood their content. The client also agrees that by reading the Sample Reports page on the carsimulcast.com site , he understands what information is provided in a full vehicle history report.

Any information that the Client receives using the carsimulcast.com website , the Client must use at his own risk and risk and be solely responsible for the possible consequences of using this information, including damage to the computer of the Client or third parties.

Period of validity and change of terms of the offer

The offer comes into force from the moment it is published on the Internet at carsimulcast.com and is valid until the offer is withdrawn by the Contractor.

The Contractor reserves the right to amend the terms of the offer and / or withdraw the offer at any time at its sole discretion. If the Contractor makes changes to the offer, such changes come into force from the moment the new version of the offer is published on the Internet at carsimulcast.com, unless another date for the entry into force of the changes is additionally determined when they are published. The offer is considered withdrawn from the moment it is deleted from its publication on the Internet at carsimulcast.com.

From the moment of entry into force of the Agreement with the amendments and additions made, the Agreement begins to operate for the Parties in a new edition.

If the Client does not agree with the amendments and additions made, the latter has the right to terminate the contract by notifying the Contractor 15 days before the termination date.

In the absence of a written notice from the Client about termination of the Agreement due to disagreement with the amendments and additions, expressed prior to the entry into force of the new version of the Agreement, the Agreement shall be considered valid for the Parties in the new version.

By concluding this Agreement, the Client confirms that he has been provided and understands all information related to the provision of services under this Agreement.

Duration, amendment and termination of the agreement

The Agreement comes into force from the moment of acceptance of the offer and is valid until the moment of termination of the Agreement.

The agreement is considered automatically terminated if the Client has not used the services of the Contractor within 3 months.

The Contractor has the right to unilaterally refuse to execute this agreement by notifying the Client in writing.

Force - majeure

The parties are released from liability for non-fulfillment or improper fulfillment of the terms of this Agreement in the event of force majeure circumstances for the duration of such circumstances.

By force majeure, the Parties mean: fire, natural disasters (floods, landslides, etc.), wars, military operations of any nature, blockades, prohibitions on exports or imports, strikes, epidemics, decisions and actions of authorities, interference authorities and other circumstances beyond the control of the Parties that prevent the implementation of this Agreement.

The fact of the occurrence and termination of all force majeure circumstances is confirmed by the relevant documents, which, in accordance with the current legislation of Ukraine, are confirmation of such circumstances. The Party for which the force majeure circumstances have occurred must immediately inform the other Party about it. From the moment of receipt of such notification by the other Party, the time of fulfillment of obligations under this Agreement is postponed for the duration of the relevant circumstances.

A party that refers to force majeure as a reason for non-performance or improper performance of its obligations is released from liability only if these force majeure circumstances arose after the conclusion of this Agreement, their occurrence was caused by events that do not depend on the will of this Party and this Party all necessary measures were taken to avoid negative consequences of such circumstances.

Confidentiality

The parties agreed to consider all information, any materials and information related to the provision of services under this Agreement as confidential information. At the same time, the information provided by the Client to the Contractor may be disclosed by the latter at the request of the competent state authorities, including law enforcement agencies, courts, etc., including to protect their rights and interests.

Confidential information may not be transferred to third parties without the prior written consent of the other Party under this Agreement, except when it is associated with obtaining official permits, documents for fulfilling its obligations under this Agreement or paying taxes, fees and other mandatory payments, as well as in others. cases stipulated by the legislation of Ukraine.

Personal data

The Client, carrying out the Acceptance of this Agreement, agrees to the collection, processing and transfer of his personal data (including the receipt, entry into the database, distribution, transfer to third parties, addition or other change, destruction and other actions that the Contractor can perform with his personal data in written (paper), electronic and other form, including but not limited to the following data: name, surname, patronymic, date of birth, passport data, identification number, communication number, electronic identification data (IP address, telephone, e-mail), data on the place of residence, as well as other data voluntarily provided to them in order to ensure the implementation of civil and economic relations, settlements with the Client, accounting and tax accounting,

The Client with Acceptance confirms his consent to the fact that, if necessary, his personal data can be processed and provided to third parties.

The Parties undertake, in accordance with the requirements of the legislation of Ukraine in the field of personal data protection, to ensure adequate protection of personal data from illegal processing, as well as from illegal access to them, including taking the necessary measures to prevent the disclosure of personal data by employees and / or other authorized persons of the Parties, to whom such personal data was entrusted or which became known to them in connection with the fulfillment of obligations under this Agreement.

The Client agrees that the Contractor is not responsible for any processing, failure to ensure the access mode and protection of the Client's personal data by third parties, including the Contractor's employees, if the provision of access to such personal data (or other action that created the possibility of further unauthorized processing by third parties) was performed by the Contractor or another person with the consent of the client outside the fulfillment of obligations under this Agreement for personal purposes or other purposes not related to the fulfillment of obligations under this Agreement, using technical means or other materials / equipment of the Contractor.

All information provided by the Parties under this Agreement to each other is considered confidential. The parties must take all necessary measures against its disclosure to third parties and organizations.

Other conditions

The Client guarantees that all the terms of the Agreement are clear to him and he accepts them unconditionally and in full, without any conditions, exceptions and reservations.

This agreement is governed by the current legislation of Ukraine, regardless of where the client who receives the service is located.

All disagreements and disputes that may arise between the Parties in connection with the execution of this Agreement shall be resolved through negotiations. If the relevant dispute cannot be resolved through negotiations, it shall be resolved in court.

All changes and additions to this Agreement are valid if they are stated by the Contractor on the website at carsimulcast.com .

All legal relations arising in connection with the implementation of this Agreement and not regulated by it are governed by the norms of the current legislation of Ukraine.

The Parties confirm that in the event that any condition of this Agreement becomes or becomes invalid due to inconsistency with the law, then such a condition does not entail invalidation of any other provision of this Agreement or this Agreement as a whole. In this case, the Parties must take measures as soon as possible to amend the Agreement to the extent necessary in order to replace the invalid provision, so that in the amended form it is legal and in essence preserves the original intentions of the Parties as much as possible.

Messages sent by the parties to each other by e-mail, determined by this agreement, are accepted by the parties without question.


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