TERMS AND CONDITIONS
Thank you for choosing CarFax Advance.
These terms and conditions (“Terms and Conditions”) apply to all contracts between CarFax Advance and consumers or entrepreneurs, concluded on our website www.carfax.eu, providing access to a VHR (Vehicle History Report).
Consumers are defined in Sec. 13 of the German Civil Code (Bürgerliches Gesetzbuch), i.e., every natural person who enters into a legal transaction for purposes that predominantly are outside their trade, business, or profession (hereinafter referred to as “Consumers”).
An entrepreneur is defined in Sec. 14 of the German Civil Code (Bürgerliches Gesetzbuch), i.e., a natural or legal person or a partnership with legal personality who or which, when entering into a legal transaction, acts in the exercise of their trade, business, or profession (hereinafter referred to as “Business Customer”).
Both “Consumers” and “Business Customers” are jointly referred to as “Customers.”
If you do not agree to all of these Terms and Conditions, you may not create a CarFax Advance account or access/use any site or any part of the CarFax Advance service(s).
Please read this document carefully. It contains important information about your rights and obligations, as well as limitations and exclusions that apply to you.
1 Formation of contract, validity of credits
1.1 Formation of contract
The following applies to Consumers & Business Customers:
The representations of CarFax Advance’s services available through its website do not constitute a binding offer. With a Customer’s order, the Customer submits a binding offer for the formation of a contract. Following the order, CarFax Advance will process the Customer’s order and send a confirmation email to acknowledge the receipt of the Customer’s order. This acknowledgment of receipt does not constitute an acceptance of the order. The order is accepted with a separate notification or with the provision of the requested services. CarFax Advance sends the order confirmation and the Terms and Conditions to the Customer by email. The Customer can obtain the Terms and Conditions at any time.
1.2 Validity of credit
The credit paid has a maximum validity period of 4 years. After that, it expires automatically. The period ends four (4) years after the purchase.
2 License; scope of the services
2.1 In the case of the purchase of access to a Vehicle History Report (“VHR”), CarFax Advance hereby grants a limited, non-transferable, and non-exclusive license to access and use the data contained in such a report for personal, non-commercial purposes if it concerns a Consumer and for commercial purposes if it concerns a Business Customer.
2.2 Commercial purposes (Permitted Use) means the actual or potential purchase of used cars for sale to individuals or by a Consumer to individuals, vehicle financing, providing an insurance policy, inspecting and appraising vehicles. Additional commercial purposes such as advertising vehicles through third parties with the use of CarFax Advance services require explicit consent by CarFax Advance. Once the order has been accepted by CarFax Advance as described in Sec.1 above,
2.2.1 the report will be visible for the Customer for 30 days. During this time period, the Customer has unlimited access to the VHR, including any data updates. After expiring automatically, the access can be renewed at any time.
2.2.2 the access to VHRs will not be available in the case of force majeure and other circumstances beyond the control of CarFax Advance, as well as malfunction or maintenance of the system thereof.
2.3 The Customer acknowledges that CarFax Advance is collecting data from public records and other sources for use in VHRs and that this data may contain errors and omissions. CarFax Advance does neither guarantee nor warrant the correctness or completeness of VHRs and does not assume any liability. The Customer understands that not all information is available for all jurisdictions and that CarFax Advance does not have access to some information that may be available to other parties. The Customer also understands there may be a period of time between receipt of certain information by CarFax Advance and its inclusion of such information onto a VHR. The Customer acknowledges that VHRs do not provide any conclusions regarding the condition of any vehicle, and the Customer assumes full responsibility with respect to its decisions and transactions using VHRs.
In case a potential error has been noticed in our Vehicle History Reports, CarFax Advance should be notified in writing. The customer or person making the request acknowledges that CarFax Advance may investigate and make corrections to the Vehicle History Report only if official documents or a validated statement prove the information to be inaccurate.
3 Restrictions on access and use
CarFax Advance reserves the right to reject any orders or to exercise an extraordinary right to terminate a contract with a Customer without notice when it believes VHRs will be used in a manner that will adversely affect CarFax Advance, as further described below:
The Customer is not allowed to sell, distribute, disseminate, copy, or publish the database containing the VHRs neither completely nor in parts. Commercial use and/or resale and redistribution of CarFax Advance VHRs, partially or entirely, is strictly prohibited. “Commercial Use” is defined as use by persons engaged in the business of researching, buying, and/or selling automobiles, the resale or redistribution of VHRs, or any other business purpose as determined by CarFax Advance.
The extraction and re-utilization of the whole or of a substantial part, evaluated qualitatively and quantitatively, of the contents of the database are not permitted. The repeated and systematic extraction and re-utilization of insubstantial parts of the contents of the database implying acts that conflict with a normal exploitation of the database or unreasonably prejudice the legitimate interests of CarFax Advance are not permitted. In particular, any automated access to or exploitation of the database, e.g., by screen scraping or comparable techniques, is not permitted.
In the event a Customer provides a VHR to another party, the Customer will not:
use the VHR or information for unlawful purposes
provide the VHR or information to any party for resale or remarketing in any manner;
provide the VHR or information to any motor vehicle manufacturer, or their financing or leasing subsidiaries (except in the normal course of dealership operations) or such motor vehicle manufacturers’ advertising agencies
replace, modify, redact labels, copyright notices, and ownership information of CarFax Advance’s VHRs and the associated documentation components
parse any VHR or information obtained from CarFax Advance.
The Customer shall make no announcement to any person or entity regarding CarFax Advance or any VHR, whether written or oral, that is inconsistent with the provisions of this Agreement and the information contained in the VHR.
The Customer acknowledges that no ownership rights will be acquired by downloading or printing the copyright material or by using CarFax Advance’s provided infrastructure.
4 Fees
Access to a VHR will be charged only for a VHR where a valid vehicle identification number (“VIN”) or valid License Plate number is provided. Invalid VINs submitted shall return an error message and shall not incur any fees. Access to a VHR will also not be charged if a valid VIN or a valid License Plate is provided, but no data is found. Subject to Sec. 6 below, returning any VHRs once an order has been accepted by CarFax Advance is not possible.
5 Billing; payment
The Customer may pay with a credit card (e.g., MasterCard or Visa) or using an online payment service (e.g., PayPal or Google Pay) or country
