Service Terms and Conditions.

terms

I. Introduction

  1. These Terms and Conditions are stating the rules of using our website run under the name “Autobaza” and “VIN-Info” in the Internet domain “www.autobaza.pl” or “www.vin-info.pl” (later referred as “Website”). Using the Website means that one agrees to those Terms and Conditions. In the case when you do not agree to those Terms and Conditions or any of their regulations, you should immediately exit the Website.
  2. The full name of the company is as follows “VIN-INFO Sp.z o.o.”. Our tax identification number in Poland (NIP-PL) is: PL6342735908. Our company address is : ul. Modelarska 18, 40-142 Katowice (Polska). We might be contacted through the “Contact” form on our Website or through the e-mail address: info[at]vin-info[dot]pl.
  3. The Website allows obtaining various types of Vehicle Data (the definition of the “Vehicle Data”is given below), which might contain: legal status, vehicle history, technical data etc. Vehicle Data come from our database “VIN-Info” or from other subjects’ databases, whom we cooperate with (please find below the definitions of “Databases”). The access to the database might be payable. The vehicle data do not contain any personal details. The type of information included in Vehicle Data may vary. The possibility of obtaining the particular information depends on the fact, whether the information is available in the Database. Before generating the report there is a possibility of checking whether the Database contains a particular type of information.
  4. The services available on the Website are designed for private individuals, a legal person or other subjects, who live or are based within the European Union or the United States of America area.
  5. To use the Website you need to be 18 or over. Using the Website and accepting the Terms and Conditions is a confirmation that you are over 18.
  6. The Website uses the files called “cookies”. Using the Website means agreeing to us using the cookies in accordance with the statements of our Privacy Policy and those Terms and Conditions. Using the data by us is regulated in our Privacy Policy, available on our Website and the regulations of the Terms and Conditions.
  7. To be able to use the Website the user needs to have a device with the Internet access and the Internet browser Internet Explorer 9.0 or a similar programme. To be able to use some of the functions of the Website one needs to use Java and Java Script and also allow for the usage of cookies. We do not take responsibility for the lack of access placed on the Website due to the lack of compatibility between the user’s device and the technical requirements given above.

II. Definitions

  1. In the Terms and Conditions the terms given below are assigned a specific meaning:
  2. “Vehicle Data” is a collection of various types of data, available on the Website and retrieved from the Databases, that contain the data about the vehicles originally registered in USA (they might contain the information regarding the legal status, vehicle history, technical information, means of improving vehicle safety etc.).
  3. “The Client” means any private individual, who act in a non-commercial activity or professional activity.
  4. “Database” means the database “VIN-Info”, the databases we cooperate with, such as: National Motor Vehicle Title Information System (NMVTIS, http://www.vehiclehistory.gov/), National Highway Traffic Safety Administration (NHTSA, http://www.nhtsa.gov/), Edmunds (http://www.edmunds.com/) and Vehicle&Operator Services Agency (VOSA, http://www.gov.uk/government/organisations/vehicle-and-operator-services-agency) and other databases.
  5. “VIN number” means the identification number of the vehicle (Vehicle Identification Number), used by the automotive industry to identify the particular motor vehicle, tractor, motorcycle, scooter and moped, according to the definition in ISO3833,
  6. “The Website” means the run by us internet website under the name of “Autobaza” or “VIN-Info”, under the domain “www.autobaza.pl” or “www.vin-info.pl”.

III. Licence to use the Website and the materials available on it.

  1. Subject to the other provisions, all the rights of intellectual property on the Website and the materials placed on the Website are reserved to us or our licensors. Subject to the following license all rights to the intellectual property are reserved.
  2. The Users might browse, download the files for catching, print the pages from the Website only for the private use, subject to the exceptions listed below and in other parts of the Terms and Conditions.
  3. It is forbidden to:
    1. distribute the materials retrieved from the Website (including distributing on other websites);
    2. sell, hire or give the sub-licence regarding the Website and other materials placed on the Website;
    3. publicly display any of the materials available on the Website;
    4. reproduct, multiplex, copy and to use the materials gathered on the Website for the commercial purposes;
    5. change or to modificate by other means the content placed on the Website; or
    6. distribute the materials taken from the Website,
    without receiving a clear, written permission to do the above.

IV. Using the Website

  1. It is forbidden to use the Website in any harmful for it way or affecting the usage of Website in a negative manner; or any other way, that is illegal, unlawful and harmful or connected to any illegal, unlawful and harmful goal or action. We reserve the right to any information and materials , also the graphic ones, available on the Website.
  2. It is forbidden to use the Website to copy, using, store, broadcast, send, publish and to distribute any of the materials containing any type of spyware, virus, trojan, bug, keystroke logger, rootkit or any other harmful software or device or are connected with them.
  3. It is forbidden to retrieve the data from the Website or connected with the Website in any systematic and automatic manner (including the following techniques: scraping, data mining, data extraction and data harvesting) without our written consent.
  4. It is forbidden to use the Website to broadcast or to send the commercial information that has not been ordered.
  5. It is forbidden to use the Website to any kind of marketing activity without our written consent.

V. Restricted access

  1. The access to some of the resources on the Website is limited. We reserve the right to limiting the access to other resources on the Website or restricting the access to the whole Website, according to our judgement.
  2. In the case when the user receives from us the login or the login and the password allowing the access to the restricted resources on the Website or other contents or services with the restricted access, the user is obliged to protect this password and login, so that it would not be disclosed to any third party.
  3. We can disactivate any password and login according to our judgement, without previous announcement and without sending the appropriate explanation.

VI. The content placed by the User

  1. The content placed by the User cannot be illegal, netiquette or violate any of the rights of the third parties, and cannot be the legal mean against the user, our company or any other third party (in any case within the area of every applicable law).
  2. It is forbidden to put on the Website any content that is or was the subject of any ongoing or that might be ongoing in the future litigation or any similar to it.
  3. We reserve the right to change or remove any content or material put on the Website, stored or published on it.
  4. Subject to any regulations of those Terms and Conditions regarding the content and other materials place on the Website by the user, we are not obliged to monitor the content and the materials placed and published on the Website.
  5. All the data put on the Website by the user should also be save on the user’s device. The data in the Database and on the Website might be lost or deleted at any time. We accept no liability for the loss any of the data placed on the Website.

VII. Procedure to obtain the Vehicle Data and payment

  1. The access to the certain areas of the Website and obtaining the Vehicle Data are chargeable. In such case, the payment shall be done solely via the payment services providers indicated on the Website (such as PayPal) by a credit card or other means provided thereby.
  2. In case you want to obtain the Vehicle Data you should first indicate to us the VIN number or other vehicle data (as requested in the forms on the Website) in order to check whether we possess any information concerning the specific vehicle. Then you should register on the Website and choose one of the options to acquire the Vehicle Data to enable us to provide you with our services. The agreement between you and us on providing the Vehicle Data shall be deemed as concluded at the moment of making the payment by you. Provisions stipulated herein and in our Privacy Policy constitute the agreement between you and us.
  3. Please be aware that payments for the services provided on the Website are made through the payment services providers indicated on the Website (such as PayPal) and thus payments made in relation to the services provided on the Website are governed by terms and conditions of those companies, which are available on their websites.
  4. Prices of the Vehicle Data in various options are provided on the Website.
  5. On the Website you may order subscriptions of specified numbers of the 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 the Vehicle Data for which the subscription is granted.
  6. In case the Database is unavailable during the period in which you are entitled to use our services on the basis of the subscriptions for longer than 1 day, the period of the relevant subscription shall be extended accordingly on demand of the user of that subscription.
  7. The Vehicle Data is generated automatically and, subject to the limits specified on the Website, are available immediately after the agreement between you and us on providing the Vehicle Data is concluded. We are not liable for any delays in the Vehicle Data generation which appeared due to technical problems or are caused by a third party or for the purpose of maintaining the Website and updating its software.
  8. If you require the invoice from us, we will provide it to you by e-mail. By using services available on the Website you express consent for delivery of the invoices via e-mail. You should indicate whether you need the invoice at the time of registration on the Website.

VIII. Limited warranties and notices from the users

  1. We do not warrant the completeness or accuracy of the information published or available on the Website, including the Vehicle Data; nor do we commit to ensuring that the Website remains available or that the materials on the Website, including the Vehicle Data, are kept up-to-date.
  2. We do provide the Vehicle Data only on the basis of the data that we possess in the Database at the time of the request for providing with the Vehicle Data. Thus you should be aware that in case you obtain any of services available on the Website, it is possible that some of information you desire may not be available in the Database or may be out of date. We are not liable for such lack of information in the Vehicle Data or lack of possibility to generate the Vehicle Data due to the lack of requested information in the Database or due to the fact that the data in the Vehicle Data are not up-to-date.
  3. The vehicle specifications presented in the Vehicle Data are based on decoding the VIN number (which statically identifies the vehicle’s manufacturer and description). Hence, it will not reflect specific modifications made to this particular vehicle over the course of its existence. Furthermore, the accuracy of this decoding is not guaranteed.
  4. In case you are not the Consumer, to the maximum extent permitted by applicable law we exclude all representations, warranties and conditions relating to the Website and the use of the Website (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).
  5. Should you notice any technical problems of the Website, or if you find that any data provided by us is incomplete, or not up-to-date, or if you have any complaints regarding the Website, you should immediately notify us about this by the “Contact” form or to the e-mail address stated in the Section (I) above. If necessary, we will respond to your e-mail as soon as possible.

IX. Limitations and exclusions of liability

  1. Nothing in these Terms and Conditions will (a) limit or exclude our or your liability for fraud or fraudulent misrepresentation; (b) limit any of our or your liabilities in any way that is not permitted under applicable law; or (c) exclude any of our or your liabilities that may not be excluded under applicable law; in particular it will not exclude any of our or your liability for damage or loss made by fraud (meant as intentional guilt).
  2. The limitations and exclusions of liability set out in this Section and elsewhere in these Terms and Conditions:
    1. are subject to the preceding paragraph;
    2. govern all liabilities arising under the Terms and Conditions or Private Policy in relation to the subject matter of the Terms and Conditions or Private Policy, including liabilities arising in contract, tort, and/or delict;
    3. are not applicable to the Consumers.
  3. In case you are not the Consumer, as far as possible under applicable law:
    1. we will not be liable for any loss or damage of any nature, unless those loss or damage were done by fraud (meant as intentional guilt), in particular any liability on the basis of warranty rule (rękojmia) or similar is hereby excluded;
    2. we will not be liable to you in respect of any loss or corruption of any data, database or software both our and yours.
  4. We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
  5. As regards data in the Vehicle Data which comes from National Motor Vehicle Title Information System (NMVTIS), by using the Website you accept the disclaimer of NMVTIS, which constitutes part of these Terms and Conditions and which is available at http://vehiclehistory.gov/nmvtis/ and also on the Website. As regards data in the Vehicle Data which comes from National Highway Traffic Safety Administration (NHTSA), Edmunds or Vehicle & Operator Services Agency (VOSA) databases, by using the Website you accept terms and conditions governing those databases unless they are intended for the direct users of that website.

X. Indemnity

  1. In case you are not the Consumer, you hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out 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. Breaches 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 such action as we deem appropriate to deal with the breach, including suspending your access to the Website, prohibiting you from accessing the Website, blocking computers using your IP address from accessing the Website, contacting your Internet service provider to request that they block your access to the Website and/or bringing court proceedings against you.

XII. Variation

  1. We may update this Terms and Conditions from time-to-time by posting a new version on the Website. In case you have provided us with your personal data, including your e-mail address, and if our services for you are being provided at the time of change of this Terms and Conditions, you will be notified about every such change.
  2. Change of our contact details will not constitute amendment to this Terms and Conditions.
  3. You should keep your e-mail address specified upon registration on the Website up-to-date.

XIII. Assignment

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

XIV. Severability

  1. If a provision of these Terms and Conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

XV. Exclusion of third party rights

  1. These Terms and Conditions are for the benefit of you and us, and are not intended to benefit any third party or 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 prices stipulated on the Website constitute the entire agreement between you and us in relation to your use of the Website, and supersede all previous agreements in respect of your use of the Website.

XVII. Access for consumers to information system NMVTIS - disclaimer.

  1. The National Motor Vehicle Title Information System (NMVTIS) is an electronic system that contains information on certain automobiles titled in the United States. NMVTIS is intended to serve as a reliable source of title and brand history for automobiles, but it does not contain detailed information regarding a vehicle’s history, servicing and repair history.
  2. All states, insurance companies, and junk and salvage yards are required by federal law to regularly report information 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 on previous, significant vehicle damage may not be included in the system if the vehicle was never determined by an insurance company (or other appropriate entity) to be a “total loss” or branded by a state titling agency. Conversely, an insurance carrier may be required to report a “total loss” even if the vehicle’s titling-state has not determined the vehicle to be “salvage” or “junk.” Before making a decision to purchase a vehicle, consumers may wish to obtain an independent vehicle inspection, an NMVTIS Vehicle History Report an approved NMVTIS data provider – look for the NMVTIS logo), and consult other available vehicle information resources.

XVIII. The information in NMVTIS

  1. The information in NMVTIS includes:
    1. Information from participating state motor vehicle titling agencies.
    2. Information on automobiles, buses, trucks, motorcycles, recreational vehicles, motor homes, and tractors. NMVTIS may not 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 at a later time.
    3. c) Information on “brands” applied to vehicles provided by participating state motor vehicle titling agencies. Brand types and definitions vary by state, but may provide useful information about the condition or prior use of the vehicle.
    4. Most recent odometer reading in the state’s title record.
    5. Information from insurance companies, and auto recyclers, including junk and salvage yards, that is required by law to be reported to the system, beginning March 31, 2009. This information will include if the vehicle was determined to be a “total loss” by an insurance carrier.
    6. Information from junk and salvage yards receiving a “cash for clunker” vehicle traded-in under the Consumer Assistance to Recycle and Save Act of 2009 (CARS) Program.
  2. Information on previous, significant vehicle damage may not be included in the system if the vehicle was never determined by an insurance company (or other appropriate entity) to be a “total loss” or branded by a state titling agency. Conversely, an insurance carrier may be required to report a “total loss” even if the vehicle’s titling-state has not determined the vehicle to be “salvage” or “junk.”
    Before making a decision to purchase a vehicle, consumers may wish to obtain an independent vehicle inspection, an NMVTIS Vehicle History Report an approved NMVTIS data provider – look for the NMVTIS logo), and consult other available vehicle information resources.
  3. Consumers are advised to 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 the participating state motor vehicle titling agencies.

XIX. Law and jurisdiction

  1. These Terms and Conditions will be governed by and construed in accordance with Polish Law, and with the matters not covered in these Terms and Conditions, will be covered by 23 April 1964 Act, Civil Code, 30 May 2014 Consumer Rights Act and 18 July 2002 Provision of Electronic Services Act.
  2. In case you are not a Consumer and use our service in connection with your business any disputes relating to these Terms and Conditions will be subject to the exclusive jurisdiction of the courts of Poland.
  3. In case you are a Consumer and your domicile is located on the territory of Poland as of the date of conclusion the agreement between you and us on providing the Vehicle Data any disputes relating to these Terms and Conditions or Private Policy shall be subject to the exclusive jurisdiction of the courts of Poland.

XX. Law and jurisdiction

  1. In case you are a Consumer and you subscribe specified various numbers of the Vehicle Data during the specified time-period, you may withdraw from the agreement between you and us governed by these Terms and Conditions within 14 days from conclusion of that agreement, unless they started to use the subscribed Vehicle Data before the end of this 14 days term. Your notice of withdrawal should be sent by the “Contact” form to our e-mail address (info[at]vin-info.pl) or in writing to our office address (VIN-Info Sp. z o.o., ul. Modelarska 18, 40-142 Katowice, Poland). You might use the template of Withdrawal placed on Website under “Contact us”, however it is not compulsory.
  2. The right to withdraw does not apply in case you purchase of a Vehicle Data and receive this Vehicle Data immediately after the payment.

XXI. Results of Withdrawal

  1. In case of an effective withdrawal from the contract that binds us together, we refund all payments received without delay and in any event no later than 14 days from the day on which we are informed about the decision to exercise the right of withdrawal. Refund Payments will be made using the same payment methods that were used in the original transaction, unless you expressly agreed otherwise; in any case, no charges in relation to the refund would apply.


Last changes: 2016.1.11 10:10:00 UTC/GMT +1.

Sample Reports