Public offer (adhesion) agreement for 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 https://checkvin.online/terms, is a public offer, and in case of by an individual (hereinafter referred to as the "Client") of actions indicating its acceptance is mandatory for the Contractor and Client. Payment by the Client for the services of the Contractor is a full and unconditional acceptance of the offer, is considered equivalent to the conclusion of an agreement on the terms set out in the offer.
1. Terms used in the contract
1.1. In this agreement, the following terms are used in the following meaning:
1.1.1. "Client" - an individual who has entered into an agreement with the Contractor on the terms contained in this agreement.
1.1.2. "Offers" - a public offer of the Contractor, addressed to any individual, to conclude an agreement with him for the provision of services (hereinafter referred to as the "Agreement") on the existing terms contained in the offer.
1.1.3. "Acceptance" - full and unconditional acceptance by the Client of the terms of the offer.
1.1.4. "VIN code" is a unique serial number that is used in the automotive industry to individually identify each motor vehicle, trailer vehicle, motorcycle and moped, as defined in the international standard ISO 3833.
1.1.5. "Vehicle History Report" is a detailed report on the history of a vehicle that has been driven in the United States and/or Canada, which includes information about the vehicle's equipment, production date, mileage, number of owners, and more.
2. Subject of the contract
2.1. 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 the terms and conditions of this Agreement and its annexes without exception.
2.2. Under this Agreement, the Contractor undertakes to provide the Client with electronic services for the search and preparation of a Vehicle History Report, which may include the following information:
- Vehicle specifications: make, model, year of manufacture, type of fuel, etc.
- Vehicle mileage: recorded vehicle mileage data.
- Check History: records of checks for a given VIN.
- Stolen car database check.
- Factory defects: information from the manufacturer about manufacturing defects in vehicle series.
- Manufacturer information: assembly location address.
- Photos: A selection of car photos.
- Airbag status.
- 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 checkvin.online, and the Client undertakes accept the specified services and pay for them in the manner and on the terms determined by this Agreement and the legislation of Ukraine.
2.3. 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 its discretion, may involve other persons for the provision of services, on the terms of cooperation.
2.4. 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 has no right to use the services of the website checkvin.online.
2.5. The list of services provided by the Contractor, indicated on the Contractor's website at https://checkvin.online/terms.< /p>
2.6. Vehicle history reports received by the Client on the Contractor's website are for personal non-commercial use only and cannot be used by the Client for commercial purposes.
2.7. The Contractor is a data aggregator and is not responsible for the completeness of the data provided in the Vehicle History Report.
2.8. The Contractor notifies the Client that, depending on the brand of car, its manufacturer, year and place of production, the amount of information provided to the Client in the procedure for providing the Service may be less than specified in clause 2.2., due to circumstances beyond the control of the Contractor and website checkvin.online.
3. Rights and obligations of the parties
3.1. The Contractor undertakes:
3.1.1. Timely, qualitatively and in full to provide the services provided for by this Agreement.
3.1.2. Provide the Client with information and documents relating to this Agreement, the result and process of providing services using electronic communication.
3.1.3. Inform the Client about any circumstances that prevent or may prevent the quality, timely or complete provision of services under this Agreement.
3.1.4. Maintain the confidentiality of all information under this Agreement and in all relationships with the Client, except in cases stipulated by the legislation of Ukraine.
3.2. The performer has the right:
3.2.1. Make changes to website services.
3.2.2. For the storage and processing of the Client's personal data.
3.2.3. Carry out preventive work on the services of the website with a temporary suspension of their work or the operation of the website as a whole.
3.2.4. 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).
3.2.5. Refuse to provide services in case of improper performance by the Client of its obligations under this Agreement.
3.2.6. 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.
3.3. The client undertakes:
3.3.1. Provide complete, reliable information necessary for the provision of the Services.
3.3.2. Pay for the Services in accordance with Section 4 of this Agreement.
3.3.3. Fulfill other legal requirements of the Contractor necessary for the proper execution of this Agreement.
3.3.4. Be fully responsible for all actions performed on the website located on the Internet at checkvin.online.
3.3.5. Do not use the website services to commit any illegal actions.
3.3.6. Sending by the Client through the website of any request for information is considered as confirmation by the Client of agreement with the terms of this Agreement.
3.4. The client has the right:
3.4.1. Receive the Services in a timely manner, with high quality and in full in accordance with the terms of this Agreement.
3.4.2. Receive the necessary and reliable information from the Contractor on the scope of the services provided by him, as well as other information related to the provision of services.
3.4.3. Receive additional information and additional materials about the Services provided by the Contractor.
3.4.4. 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, except for their personal use.
3.4.5. The Client is obliged to maintain the confidentiality of all information under this Agreement and on all relationships with the Client, except as required by the legislation of Ukraine.
4. Terms of service provision and payment
4.2. If there is access to the Internet, the Client sends a request, indicating the VIN code of the vehicle, to obtain information about the vehicle (car) via the web interface on the website located on the Internet at checkvin.online.
4.3. The Contractor carries out a preliminary free check according to the VIN-code specified by the Client.
4.4. The response to a request to the Client may be as follows:
4.4.1. Submit a summary of the vehicle's ownership and operating history and offer to purchase a complete Vehicle History Report.
4.4.2. Report the absence of information about the vehicle (car) and ask the Client to enter other data about the car that is being checked.
4.5. If there are multiple Vehicle History Reports, the Customer will only be charged for the Vehicle History Report that has a valid Vehicle (Vehicle) VIN.
4.6. If the user enters an invalid VIN code, the Service cannot be provided to the Client, which is reported to the latter using additional information on the website. In turn, the Client does not bear any additional fees and is not charged.
4.7. Payment for services is also not charged if the Client has entered a valid VIN code, but the Contractor does not find any relevant and valid information about the car.
4.8. The customer makes an advance payment for each Vehicle History Report.
4.9. The search and preparation of the Vehicle History Report is carried out only if the Client pays the specified fee.
4.10. Payment for the Vehicle History Report is made through the appropriate interface on the portal website checkvin.online.
4.11. Information about the cost of the service is provided in the form of calculations on the checkvin.online website in the window that will appear after a preliminary free check of the 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 fee for the service.
4.12. Payment is made using external electronic payment systems via the Internet.
4.13. 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.
4.14. Detailed payment procedures are determined by the rules set by external independent service providers.
4.15. Receipt of the Service using the electronic payment system provides for:
- Selecting the type and variant of the Service.
- indicating the e-mail address used in the process of receiving the service.
- Order confirmation by the Customer.
4.16. After making the payment and having information on the VIN-code specified by the Client, the latter will be directed to the checkvin.online website, where he will be able to receive the result of the Service. Preparing the result of the Service takes from a few seconds to several minutes/hours.
5. Responsibility of the Parties
5.1. For non-fulfillment or improper fulfillment of obligations under this Agreement, the Parties shall be liable in accordance with the current legislation of Ukraine.
5.2. Payment of penalties does not relieve the guilty Party from fulfilling its obligations under this Agreement.
5.3. The Contractor shall not be 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 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 supporting the transfer of information for the Client.
5.4. The Contractor is not responsible for any losses or damage caused to the Client or third parties as a result of the use of the result of the services by the client.
5.5. The Contractor generates reports on the history of the car by its VIN-code according to the database information, which includes various sources. However, not all existing data regarding the negative characteristics of the vehicle (car) may be reflected in the Vehicle History Report, since the Contractor is not able to obtain absolutely complete information about the vehicle (car).
5.6. Vehicle history reports are generated from information provided by external sources that are reliable. However, since these sources are external, and the information that comes in cannot be verified in any 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 purposes pursued by the Client, as well as the achievement by the Client of these goals.
5.7. The Contractor shall not be liable for any claims or losses incurred by the Client or third parties due to incorrect or erroneous entry of the VIN code, incorrect use of the Vehicle History Report by the Client, or due to incomplete/inaccurate information in the Vehicle History Reports. information.
5.8. The Contractor is not liable for losses (both real damage and lost profits, as well as any other losses) of the Client as a result of the use of the website by the client and the provision of information services by the Client on the checkvin.online portal.
5.9. The Contractor is not responsible for the Client's losses due to the poor quality of communication channels, technical failures, incomplete or false information.
5.10. In case of non-performance or improper performance by the Client of this Agreement, the Client shall be liable to the Contractor.
5.11. By agreeing with the Agreement provided to the Client of the checkvin.online website, the Client agrees that he has read all the pages of the checkvin.online website and understood their content. The client also agrees that by reading the Sample Reports page on the checkvin.online website, he understands what information is provided in a full vehicle history report.
5.12. Any information that the Client receives using the checkvin.online website, the Client must use at his own risk and be solely responsible for the possible consequences of using this information, including damage to the computer of the Client or third parties.
6. Validity period and change of conditions of the offer
6.1. The offer comes into force from the moment it is published on the Internet at checkvin.online/terms and is valid until the offer is withdrawn by the Contractor.
6.2. The Contractor reserves the right to amend the terms of the offer and / or withdraw the offer at any time at its 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 checkvin.online, unless a different date for the changes to take effect is additionally determined upon their publication. The offer is considered withdrawn from the moment of its publication on the Internet at checkvin.online.
6.3. From the moment the Agreement comes into force with the amendments and additions made, the Agreement becomes valid for the Parties in a new edition.
6.4. If the Client does not agree with the changes and additions made, the latter has the right to terminate the contract by notifying the Contractor 15 days before the date of termination.
6.5. In the absence of a written notice to the Client about the termination of the Agreement due to disagreement with the changes and additions made, expressed before the new version of the Agreement comes into force, the Agreement is considered valid for the Parties in the new version.
6.6. By concluding this Agreement, the Client confirms that he has been provided and understands all the information regarding the provision of services under this Agreement.
7. Validity, modification and termination of the contract
7.1. The Agreement comes into force from the moment of acceptance of the offer and is valid until the termination of the Agreement.
7.2. The Agreement is considered automatically terminated if the Client has not used the services of the Contractor within 3 months.
7.3. The Contractor has the right to unilaterally refuse to execute this agreement by notifying the Client in writing.
8. Force majeure
8.1. 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.
8.2. By force majeure, the Parties understand: fire, natural disasters (flood, landslide, etc.), wars, military operations of any nature, blockades, export or import bans, strikes, epidemics, decisions and actions of authorities, interference authorities and other circumstances beyond the control of the Parties that impede the implementation of this Agreement.
8.3. 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 force majeure circumstances have occurred must immediately inform the other Party about this. From the moment such notification is received by the other Party, the time for fulfilling obligations under this Agreement is postponed for the duration of the relevant circumstances.
8.4. A Party that refers to force majeure circumstances as a reason for non-fulfillment or improper fulfillment of its obligations is exempt from liability only if these force majeure circumstances arose after the conclusion of this Agreement, their occurrence is caused by events that do not depend on the will of this Party and this Party all necessary measures have been taken in order to avoid the negative consequences of such circumstances.
9.1. 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 the last to be disclosed at the request of the competent public authorities, including law enforcement agencies, courts, etc., including to protect their rights and interests.
9.2. 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 related to obtaining official permits, documents to fulfill its obligations under this Agreement or paying taxes, fees and other obligatory payments, as well as in other cases provided for by the legislation of Ukraine.
10. Personal data
10.1. By accepting this Agreement, the Client agrees to the collection, processing and transfer of his personal data (including receiving, entering 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 forms, including, but not limited to the following data: first name, last name, patronymic, date of birth, passport data, identification number, number of means of communication, electronic identification data (IP address, telephone number, e-mail), data on the place of residence, as well as other data voluntarily provided by him in order to ensure the implementation of civil law and economic law relations, settlements with the Client, accounting and tax accounting, for communication and contractual relations with state bodies, counterparties and other third parties in the course of carrying out activities, as well as for other x goals that do not contradict the current legislation.
10.2. The Client by Acceptance confirms his consent to the fact that, if necessary, his personal data can be processed and provided to third parties.
10.3. 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 were entrusted or which became known to them in connection with the fulfillment of obligations under this Agreement.
10.4. The Client agrees that the Contractor is not responsible for any processing, failure to provide access 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 committed 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.
10.5. All information provided by the Parties under this Agreement to each other is considered confidential. The parties must take all necessary measures against disclosing it to third parties and organizations.
11. Other conditions
11.1. 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 or reservations.
11.2. This agreement is governed by the current legislation of Ukraine, regardless of where the client is located who receives the service.
11.3. 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 is resolved in court.
11.4. All changes and additions to this Agreement are valid if they are set out by the Contractor on the website at the web address checkvin.online.
11.5. All legal relations arising in connection with the implementation of this Agreement and not regulated by it are regulated by the norms of the current legislation of Ukraine.
11.6. The Parties confirm that if any provision of this Agreement becomes or is declared invalid due to non-compliance 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 shall, as soon as possible, take measures to amend the Agreement to the extent necessary to replace the invalid provision so that, in the amended form, it is legal and, in its essence, preserves the initial intentions of the Parties as much as possible.
11.7. Messages sent by the parties to each other by e-mail, defined by this agreement, are accepted by the parties unconditionally.
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