These Terms and Conditions govern your use of the of the website ran by our enterprise under the brand "VIN-Decoder", in the Internet domain "www.vin-decoder.net" (hereinafter referred to as the "Website"). By using the Website, you accept these Terms and Conditions in full. If you disagree with these Terms and Conditions or any part of these Terms and Conditions, you must not use the Website.
The full name of our enterprise is "VIN-Info Sp. z o.o.". We are registered in Poland under tax identification number (NIP-PL): PL6342735908; our business is registered in the commercial register maintained by the District Court Katowice-Wschód under No. 348800. Our registered address is: ul. Modelarska 18, 40-142 Katowice (Poland). You can contact us by the "Contact us" form or to the info[at]VIN-Decoder[dot]net.
You may use the Website in order to obtain various types of the Vehicle Data (see definition of the "Vehicle Data" below), which may include: legal title, vehicle history, technical specification, etc. The Vehicle Data comes from our database "Automo24" or from other databases associated with us (see definition of the "Database" below). The access to the Vehicle Data can be chargeable. The Vehicle Data does not contain any personal data. The content of the Vehicle Data varies and depends on whether the specific data is available in the Database. You may check whether the Database contains the specific data before you download the Vehicle Data.
Our services available on the Website are dedicated for individuals, companies and other entities, who or which are located or inhabited in the territory of European Union or United States of America.
You must be at least 18 years of age to use the Website. By using the Website and by agreeing to these Terms and Conditions you warrant and represent that you are at least 18 years of age.
To use the Website you need to use a device which has access to Internet and to Internet browser such as Internet Explorer 9.0 or similar software. For using some options of the Website it may be necessary to use the cookies or to use Java software and Java Script. We do not bear any liability for any lack of access to the data stored on the Website due to the lack of conformity of your device with technical requirements stipulated hereinabove.
In these Terms and Conditions:
"Vehicle Data" means various types of vehicle data portions available on the Website from the Database, which concern information on vehicles that were initially registered in the United States of America (that may include information regarding legal title, vehicle history, technical specification, vehicle safety, etc.).
"Consumer" means any natural person who is acting for purposes which are outside his or her trade, business or profession.
"Database" means our database "Automo24" and databases associated with us: 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, https://www.gov.uk/government/organisations/vehicle-and-operator-services-agency), and other databases.
"VIN number" means the Vehicle Identification Number that is a unique code used by the automotive industry to identify individual motor vehicles, towed vehicles, motorcycles, scooters and mopeds as defined in ISO 3833.
"Website" means the website ran by our enterprise under the brand "VIN-Decoder", in the Internet domain "www.vin-decoder.net".
License to use the Website
Unless otherwise stated, we or our licensors own the intellectual property rights in the Website and material on the Website. Subject to the license below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages from the Website for your own personal use, subject to the restrictions set out below and elsewhere in these Terms and Conditions.
You must not:
- republish material from the Website (including republication on another website);
- sell, rent or sub-license material from the Website;
- show any material from the Website in public;
- reproduce, duplicate, copy or otherwise exploit material on the Website for a commercial purpose;
- edit or otherwise modify any material on the Website; or
- redistribute material from the Website.
unless you receive our express written consent to do so.
You must not use the Website in any way that causes, or may cause, damage to the Website or impairment of the availability or accessibility of the Website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity. Information, graphics and other materials available on the Website are subject to copyrights protection.
You must not use the Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to the Website without our express written consent.
You must not use the Website to transmit or send unsolicited commercial communications.
You must not use the Website for any purposes related to marketing without our express written consent.
Access to certain areas of the Website is restricted. We reserve the right to restrict access to other areas of the Website, or indeed the whole Website, at our discretion.
If we provide you with a user ID and password to enable you to access restricted areas of the Website or other content or services, you must ensure that the user ID and password are kept confidential.
We may disable your user ID and password in our sole discretion without notice or explanation.
User generated content
Your user content must not be illegal or unlawful, must not infringe any third party's legal rights or Netiquette, and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law).
You must not submit any user content to the Website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
We reserve the right to edit or remove any material submitted to the Website, or stored on our servers, or hosted or published upon the Website.
Notwithstanding our rights under these Terms and Conditions in relation to user content, we do not undertake to monitor the submission of such content to, or the publication of such content on the Website.
You are requested to store all data uploaded on the Website also on your own devices. The data stored in our Database or on the Website may be deleted or lost anytime. We do not bear any liability for losing any of the data which you have uploaded on the Website.
Procedure to obtain the Vehicle Data and payment
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 or PayU) by a credit card or other means provided thereby.
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 or PayU) 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.
Prices of the Vehicle Data in various options are provided on the Website.
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.
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.
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.
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.
8. Limited warranties and complaints from the users
Pursuant to the agreement between you and us on providing the Vehicle Data we are obliged to provide you with access, without defects, to the Vehicle Data, which are available in the Database at the time of the request. The Vehicle Data are only to help and advise you, the Database is not an official database. Therefore, due to objective reasons, we do not warrant the completeness or up-to-date accuracy of the Vehicle Data.
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 or not accurate. 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.
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.
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); and we do not guarantee accuracy of decoding of the VIN Number.
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 us" form or to the e-mail address stated in the Section (1) above. If necessary, we will respond to your e-mail as soon as possible.
Limitations and exclusions of liability
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).
The limitations and exclusions of liability set out in this Section and elsewhere in these Terms and Conditions: (a) are subject to the preceding paragraph; (b) 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; and (c) are not applicable to the Consumers.
In case you are not the Consumer, as far as possible under applicable law:
- 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;
- we will not be liable to you in respect of any loss or corruption of any data, database or software both our and yours.
We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
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.
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.
Breaches of these Terms and Conditions
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.
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.
In case you are not the Consumer, change of our contact details will not constitute amendment to this Terms and Conditions.
You should keep your e-mail address specified upon registration on the Website up-to-date.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these Terms and Conditions.
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.
Exclusion of third party rights
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.
Law and jurisdiction
These Terms and Conditions will be governed by and construed in accordance with Polish law; within the scope not regulated by these Terms and Conditions the Polish Civil Code dated April 23, 1964, Act on Consumers Rights dated May 30, 2014 and Act on Services Rendered by Electronic Means of Communication dated July 18, 2002 shall apply in particular.
In case you are not a Consumer these Terms and Conditions will be subject to the exclusive jurisdiction of the courts of Poland.
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.
In case you are a Consumer and you subscribe specified various numbers of the Vehicle Data during the specified time-period, unless you have started to use our services, that is, if you have obtained via the Website any Vehicle Data, you have the right to revoke this agreement without stating any reasons within 14 days. The revocation period is 14 days from the date on which the agreement has been concluded. To exercise your right of revocation, you must inform us (VIN-Info Sp. z o.o., ul. Modelarska 18, 40-142 Katowice (Polska), info[at]dekoder-vin[dot]net) of your decision to cancel this contract by means of a clear statement (e.g. letter sent by mail or e-mail). You may use the revocation form available on "Contact us" webpage, which is however not mandatory. For an observation of the revocation period, it is sufficient that you submit the notice on revocation prior to the revocation deadline.
If you start to use our services on the Website before the deadline to exercise your right of revocation, you lose this right. By accepting these Terms and Conditions you accept the possibility of losing the right of revocation described in this Section.
Consequences of a revocation
If you revoke this agreement, we shall be obligated to refund you promptly all payments that we have received from you, at the latest within 14 days from the day on which the notice on revocation of this agreement is received. For this refunding we shall use the same means of payment you used in the original transaction, unless other means has been expressly agreed upon with you; in no case will you be charged with fees for this refund.
This document was last updated on 2014.12.23 10:10:00 UTC/GMT +1.