Terms and Conditions
You should read these terms and conditions carefully before ordering any Services from our site. Please understand that by ordering any of our Services, you agree to be bound by these terms and conditions. We recommend that you print a copy of these terms and conditions for future reference. You should understand that if you refuse to accept these terms and conditions, you will not be able to proceed with your order for our Services from our site.
01. Company information
1.1 Our Company operates the website www.mymotormatch.co.uk as a trading style of OPS ONLINE PORTAL LTD - Company Number: 12324007, Registered Office Unit 14, Clements Court, Clements Ln, Ilford IG1 2QY. Registered data controller number - ICO - ZA757503.
1.2 We offer a comprehensive report which returns live and historical MOT data in return for a processing fee, and or car quote to purchase a vehicle.
02. The Service
2.1 In consideration of your payment in accordance with condition 8 and your compliance with your obligations in condition 3 we will use our reasonable endeavours to provide you with the following ("the Service"):
- 2.1.1 review and check the information you have submitted on the application form on this website ("the Application Form") for obvious typographical errors and ensure all details required have been included by you on the Application Form within the time scales set out on our website for the specific type of Service you have ordered.
- 2.1.2 in the event that any errors are found in accordance with condition 2.1.1, to contact you and request the correct information from you and insert that new information as supplied by you in the place of the erroneous information on the Application Form.
- 2.1.3 once the Application Form has been checked and amended in accordance with conditions 2.1.1 and 2.1.2 hereof to submit to such organisation as may from time to time be appointed to provide the required MOT Checks / Vehicle quotes to be produced and sent to you for such persons as are detailed in your Application Form.
- 2.1.4 to provide you with an email confirmation that an account has been created.
- 2.1.5 If you have submitted an application and have opted not to enter a valid email address, an email address will be generated for you by www.mymotormatch.co.uk in order to complete an online application. Confirmation of payment from the secure payment merchant will also be unavailable if you have opted not to enter a personal email address. If you wish to have a copy of one or all of the confirmations generated when applying through www.mymotormatch.co.uk, we will arrange paper copies to be sent to a postal address upon the customer’s request.
2.2 For the avoidance of doubt our Service will have been completed upon the completion and delivered vehicle quote and an email has been sent to you in accordance with condition 2.1.4
2.3 We are not liable for any delay in your receiving the vehicle quote and do NOT provide a follow-up or chasing service. Should you not receive your vehicle quote within 1 hour of submitting your Application Form, please contact us at [email protected]
2.4 If it is necessary for us to contact you in relation to incorrect information entered on your Application Form in accordance with condition 2.1.2, we shall do so using the contact details you have provided us with. Should we not receive any response from you within 2 months, your Contract with us will end, and no refund will be given to you.
2.5 If you decide to sign up for any of the products on www.mymotormatch.co.uk, including but not limited to, booking an MOT, Requesting a Certificate Reprint, Selling your vehicle, you will be agreeing to these terms.
03. Your Status and Responsibilities to Us
By placing an order through our site, you warrant that:
(a) you are legally capable of entering into binding contracts; and
(b) you are at least 16 years old;
(c) the main applicant on the Application Form is at least 16 years old;
(d) the information you have provided us with in the Application Form is entirely accurate and correct to the very best of your knowledge;
(e) you are eligible for a vehicle quote;
(f) you are not using the website or Service to commit any criminal or fraudulent act nor to cause nuisance or annoyance or inconvenience to any other person;
(g) when ordering the Service and entering information on the Application Form in respect of others ("Third Parties"), that Third Party also complies with the criteria set out in conditions 2 (a) - (e);
(h) you give consent to us to submit the information you provide in your Application Form (or subsequently provide us with) to the appropriate embassy (or such other organisation as may from time to be appointed to provide the vehicle quote and that you have obtained such authority from any Third Parties in respect of information relating to that Third Party;
(i) when ordering the Service and entering information on the Application Form for Third Parties you fully indemnify us against any breach of these terms and conditions by that Third Party.
04. How The Contract is Formed Between You and Us
4.1 After placing an order and completing the Application Form, you will receive an email from us acknowledging that we have received your Application Form. This is our acceptance of your offer to use our Services.
4.2 The Contract is formed following our acceptance in accordance with condition 4.1 and your payment in accordance with condition 8. Until both payment is made and our acceptance is given, no contract has been formed.
06. Termination of Service
6.1 We reserve the right to cancel or terminate our Contract with you at any time and for any reason at our sole discretion. Should we terminate our Contract with you we will refund all (or a proportionate part of) your payment made in accordance with condition 8 but such refund will be in our sole and absolute discretion.
6.2 For the avoidance of doubt no refund will be given in the event the Service is terminated due to your failure to comply with any of these terms and conditions and you have failed to remedy such failure upon being given notice of the same or in the event we believe you have provided us with false or misleading information.
7.1 We will use reasonable endeavours to provide the Service to you within the timescales set out on our website for the particular service you have ordered.
7.2 Our Customer Support service is available from Monday to Friday (excluding bank holidays) between the hours of 9 am to 6 pm. We endeavour to process all checks within 1 hour of the submission online, but in some cases, this can take up to 24 hours.
8.1 The price of the Services will be as quoted on our site from time to time in respect of the particular type of Service you have or wish to order.
8.2 VAT is included in our Prices.
8.3 Service prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a confirmation email in accordance with condition 4.1.
8.4 Payment for all Services must be by credit or debit card and must be made in advance at the time of submitting the order to us. We reserve the right to withhold our Services until such time as payment has been made in full.
09. Our Liability
9.1 This condition 9 sets out our entire financial liability (including any liability for the acts or omissions of our employees, agents, consultants, and subcontractors) to you in respect of:
(a) any breach of the Contract;
(b) any use made by you or the Services or any part of them; and
(c) any representation, statement or tortious act or omission (including negligence) arising under or in connection with the Contract.
9.2 All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Contract.
9.3 Nothing in these Conditions limits or excludes our liability:
(a) for death or personal injury resulting from negligence; or
(b) for any damage or liability incurred by you as a result of fraud or fraudulent misrepresentation by us.
9.4 Subject to condition 9.2 and condition 9.3 (a), we shall not be liable for:
(i) your not receiving the Visa(s) within any particular timescales or at all; or
(ii) rejection of entry; or
(iii) loss of profits; or
(iv) loss of business; or
(v) loss of anticipated savings; or
(vi) loss of goods; or
(vii) loss of contract; or
(viii) loss of use; or
(ix) loss or corruption of data or information; or
(x) any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses.
(b) Our total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance, or contemplated performance, of the Contract shall be limited to the price paid for the Services.
10. Written Communications
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be given to [email protected]. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 10 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such email was sent to the specified e-mail address of the addressee.
12. Transfer of Rights and Obligations
12.1 The contract between you and us is binding on you and us and on our respective successors and assignees.
12.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it.
12.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
13. Events Outside our Control
13.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by events outside our reasonable control (Force Majeure Event).
13.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes, in particular (without limitation) the following:
(a) strikes, lock-outs or other industrial action;
(b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
(c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
(d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
(e) impossibility of the use of public or private telecommunications networks; and
(f) the acts, decrees, legislation, regulations or restrictions of any government.
13.3 Our performance under the Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
14.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
14.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
14.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with condition 11 above.
If any of these terms and conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
16. Entire Agreement
16.1 These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any Contract.
16.2 We each acknowledge that, in entering into a Contract, neither of us relies on any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them.
16.3 Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract.
16.4 Nothing in this condition limits or excludes any liability for fraud.
17. Our Right to Vary these Terms and Conditions
17.1 We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements, and changes in our system"s capabilities or for any other reason in our sole discretion which we may decide.
17.2 You will be subject to the policies and terms and conditions in force at the time that you order Services from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Confirmation Email (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Services).
18. Law and Jurisdiction
Contracts for the purchase of Services through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.