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terms

INTRODUCTION

These terms and conditions govern the relationship between CarExamer Ltd and you, the Inspector, who accepts a request from a Customer introduced through the CarExamer Platform to carry out a Vehicle Inspection and to prepare an Inspection Report for the Customer. By registering through the Platform as an Inspector, and by accepting a request to undertake a Vehicle Inspection for a Customer through the CarExamer Platform you agree to be bound by these terms and conditions.

  1. Definitions

    1. The following definitions and rules of interpretation apply in these terms and conditions (unless the context requires otherwise).

      Booking

      the placing of an order by a Customer through the CarExamer Platform for a Vehicle Inspection.

      Business of CarExamer

      the business of owning and operating the CarExamer Platform and including all goods and services offer through the CarExamer Platform from time to time.

      Business Opportunities

      any business opportunities which the Inspector becomes aware of as a result of carrying out any Vehicle Inspection and which relate to the Business of CarExamer or which might reasonably be considered to be of benefit to CarExamer.

      CarExamer

      CarExamer Ltd, a company registered in England and Wales with company number 11123805 whose registered office is at Broughton Cottage, London Road, Sevenoaks, England, TN13 2TD.

      Customer

      Any person who makes a booking for a Vehicle Inspection through the CarExamer Platform.

      CarExamer Platform

      The website operated by CarExamer at www.CarExamer.com and the CarExamer mobile applications and any other means by which CarExamer operates the Business of CarExamer from time to time.

      Capacity

      as agent, consultant, director, employee, owner, partner, shareholder or in any other capacity.

      Commission

      20% of the Inspection Fee VAT included.

      Data Protection Legislation

      the UK Data Protection Legislation and (for so long as and to the extent that the law of the European Union has legal effect in the UK) the General Data Protection Regulation ((EU) 2016/679) and any other directly applicable European Union regulation relating to privacy.

      Inspection Disclaimer

      the disclaimer to be signed by the Vehicle Owner prior to a Vehicle Inspection being carried out in the form provided to the Inspector by CarExamer.

      Inspection Report

      the electronic report to be prepared by the Inspector during the Vehicle Inspection in the form provided to the Inspector by CarExamer from time to time.

      Inspector or you

      the qualified mechanic that agrees to carry out Vehicle Inspections for Customers introduced from time to time through the CarExamer Platform subject to and in accordance with these terms and conditions.

      Inspection Fee

      the fee payable by a Customer for a Vehicle Inspection at the rate set out on the CarExamer Platform at the time a Booking is made by the Customer.

      Inspector Invoice

      an invoice issued in the name of the Inspector to the Customer for the Inspection Fee in respect of a Vehicle Inspection.

      Insurance Policies

      commercial general liability insurance cover, professional indemnity insurance cover and public liability insurance cover.

      Payment Gateway

      has the meaning set out in clause 6.1.

      Platform

      the CarExamer platform at www.carexamer.com.

      Vehicle

      a motor vehicle that is the subject of a Booking for a Vehicle Inspection by a Customer.

      Vehicle Inspection

      the vehicle pre-purchase inspection(s) carried out by the Inspector on a Vehicle for a Customer pursuant to a Booking subject to and in accordance with these terms and conditions.

      Vehicle Owner

      1. the registered keeper of a Vehicle as registered with DVLA; or
      2. such other person as has the full legal right to authorise a Vehicle Inspection of a Vehicle; or
      3. such third party who is authorised by the persons referred to in (a) or (b) to deal with the Inspector in respect of the Vehicle Inspection.

      UK Data Protection Legislation

      any data protection legislation from time to time in force in the UK including the Data Protection Act 2018 or any successor legislation.

    2. The headings in these terms and conditions are inserted for convenience only and shall not affect its construction.

    3. A reference to a particular law is a reference to it as it is in force for the time being taking account of any amendment, extension, or re-enactment and includes any subordinate legislation for the time being in force made under it.

    4. Unless the context otherwise requires, a reference to one gender shall include a reference to the other genders.

    5. Unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular.

  2. CarExamer Services

    1. CarExamer is an online market place that links Inspectors through the Platform with Customers looking to have a used-vehicle pre-purchase vehicle inspection carried out.

    2. CarExamer’s sole role is to help to connect Inspectors with Customers, take bookings, facilitate the arrangement of Vehicle Inspections by Inspectors and process payments via the Platform, all on behalf of the Inspector.

    3. For the avoidance of doubt, the contract for the provision of Vehicle Inspections is between the Inspector and the Customer and CarExamer shall not be a party to that contract and shall have no liability whatsoever in respect of the same.

    4. For so long as the Inspector adheres to these terms and conditions, CarExamer grants to the Inspector a non-exclusive, non-transferable, personal, revocable limited licence to access and use the Platform for the Inspector’s own internal business use, provided that such use in accordance with these terms and conditions.

  3. Registration and Acceptance of These Terms

    1. These terms and conditions apply to the Inspector’s access to the Platform and any subsequent Vehicle Inspection undertaken by the Inspector.

    2. In order to be eligible to be considered for Vehicle Inspections through the CarExamer Platform the Inspector must submit an online application form and provide such evidence of experience and qualifications as CarExamer may require.

    3. By submitting an online application form to CarExamer, the Inspector hereby agrees to be bound by these terms and conditions, and at which point and on which date a contract between the Inspector and CarExamer will come into existence.

    4. By submitting an online application form to CarExamer the Inspector undertakes to CarExamer that the information supplied is complete, accurate and not misleading. In the event that after registering with CarExamer there is any material change in any of the information supplied then the Inspector must notify CarExamer as soon as possible about any change.

    5. CarExamer, in its sole and absolute discretion, shall determine whether or not to allow the Inspector to be registered to carry out Vehicle Inspection, and reserves the right to suspend or de-register the Inspector at any time.

  4. Accepting a Booking

    1. In the event that CarExamer, in its sole and absolute discretion, determines that the Inspector has the relevant skill and experience to carry out a Vehicle Inspection in respect of a Booking, CarExamer may notify the Inspector (together with any other inspectors that have registered with CarExamer and which CarExamer determines also have the relevant skill and experience) by email and/or through to the Platform of the opportunity to provide a Vehicle Inspection, including but not limited to brief details of the Vehicle, and the geographical location, time and date of the prospective Vehicle Inspection.

    2. If the Inspector is the first to accept the Booking, CarExamer shall provide the Inspector with full details of the Booking including the contact details of the Vehicle Owner provided to CarExamer by the Customer.

    3. The Inspector shall contact the Vehicle Owner to arrange the Vehicle Inspection on the date and time set out in the Booking, or if a range of dates or times are set out in the Booking, at the time and date preferable to the Inspector.

    4. If, after contacting the Vehicle Owner, the Inspector and the Vehicle Owner agree that the Vehicle Inspection will take place at a time or date not set out in the Booking, the Inspector must notify CarExamer of the agreed date and time of the Vehicle Inspection by email, quoting the relevant online booking reference.

    5. If the Inspector is unable to provide the Vehicle Inspection at the agreed time and date due to illness or injury, the Inspector shall notify CarExamer and the Vehicle Owner of that fact as soon as reasonably practicable. For the avoidance of doubt the Inspector shall not be entitled to an Inspection Fee unless the Inspector undertakes and completes the Vehicle Inspection and submits the Inspection Report as required in accordance with these terms and conditions, and no fee shall be payable in accordance with clause 7 in respect of any Vehicle Inspection which is not fully completed within 7 days of the date in the original Booking.

    6. The Inspector acknowledges and accepts that:

      1. CarExamer is under no obligation to provide the Inspector with details of any Bookings or Vehicle Inspections; and

      2. the allocation of Bookings shall be at CarExamer’s sole and absolute discretion.

    7. In certain circumstances the Customer may select a particular Inspector to carry out a Vehicle Inspection in their Booking. In that case CarExamer shall endeavour to notify the relevant Inspector of the Booking including, but not limited to, brief details of the Vehicle, geographical location, time and date of the prospective Vehicle Inspection. If the Inspector accepts the Booking, the provisions of clauses 2.2 – 2.3 shall apply as relevant.

  5. Vehicle Inspections

    1. Before carrying out a Vehicle Inspection, the Inspector must ensure that the Vehicle Owner signs the Inspection Disclaimer. For the avoidance of doubt, if the Vehicle Owner does not sign the Inspection Disclaimer, the Inspector must not carry out the Vehicle Inspection.

    2. For the avoidance of doubt, the Customer will still be charged for the Vehicle Inspection, and the Inspector shall be entitled to the Inspection Fee, if the Vehicle Inspection cannot be carried out solely and directly as a result of the Vehicle Owner’s refusal to sign the Inspection Disclaimer.

    3. If the Inspector carries out a Vehicle Inspection without first ensuring that the Vehicle Owner signs the Inspection Disclaimer, this will be a material breach of this agreement and the Inspector shall not be entitled to the Inspection Fee in respect of that Vehicle Inspection.

    4. Upon completion of the Vehicle Inspection, the Inspector must immediately complete and submit the electronic Inspection Report to the Customer through the CarExamer Platform.

    5. In circumstances where the Inspector is unable to access, complete and/or submit the electronic Inspection Report due to poor network coverage, upon completion of the Vehicle Inspection the Inspector shall immediately complete a hard paper copy of the Inspection Report and as soon as is reasonably practicable upon gaining access to the mobile network, and in any event no later than 60 minutes of completion of the Vehicle Inspection, submit the Inspection Report to the Customer through the CarExamer Platform.

    6. The Inspector must carry out the Vehicle Inspection in accordance with any and all guidance issued by CarExamer to the Inspector from time to time.

  6. Duties and Obligations

    1. The Inspector shall:

      1. carry out all Vehicle Inspections with all due skill and care, and to the best of his ability;

      2. promptly give to CarExamer all such information and reports as it may reasonably require in connection with matters relating to the provision of the Vehicle Inspections or the Business of CarExamer, including but not limited to a pro forma Inspector Invoice.

    2. Unless he has been specifically authorised to do so by CarExamer in writing the Inspector shall not:

      1. have any authority to incur any expenditure in the name of or for the account of CarExamer; and

      2. hold himself out as having authority to bind CarExamer;

      3. hold himself out as an employee, agent, partner or sub-contractor of CarExamer,

      4. make any statements or give any warranty, guarantee or undertaking on behalf of CarExamer.

    3. The Inspector shall comply with all reasonable standards of safety at any location where a Vehicle Inspection is conducted and shall not undertake (or shall immediately cease undertaking) any Vehicle Inspection where he judges a vehicle or other conditions to be unsafe or to pose a potential risk to the safety of the Inspector or others.

    4. For the avoidance of doubt, the Inspector must dynamically assess the risk to himself, the Vehicle, the Vehicle Owner, any other 3rd parties or any other 3rd party property of the Inspector carrying out the Vehicle Inspection at the proposed location, and if necessary move the Vehicle, or procure that the Vehicle Owner moves the Vehicle, in order to minimise any such risk. CarExamer shall have no responsibility whatsoever for any damage caused to the Inspector, the Vehicle, the Vehicle Owner, any 3rd party or any 3rd party property as a result of the Inspector undertaking the Vehicle Inspection.

    5. The Inspector undertakes to CarExamer that where in the course of carrying out any Vehicle Inspection he shall become aware of any Business Opportunities he shall take all reasonable steps to notify CarExamer of such Business Opportunities as soon as reasonably practicable after the same shall have come to his knowledge and in any event before the same shall have been offered by the Inspector (or caused by the Inspector to be offered) to any other party, provided that nothing in this clause shall require the Inspector to disclose any Business Opportunities to CarExamer if to do so would result in a breach by the Inspector of any obligation of confidentiality or of any fiduciary duty owed by it or him to any third party.

    6. CarExamer may consent to the Inspector carrying out additional services for the Customer and/or the Vehicle Owner, including but not limited to carrying out repairs to the Vehicle, on such terms as CarExamer and the Inspector may agree from time to time. For the avoidance of doubt, the Inspector shall not be permitted to carry out such services without the prior written consent of CarExamer.

    7. CarExamer encourages its Customers to communicate with Inspectors when there is a problem with the Vehicle Inspection through CarExamer’s online resolution centre, which is available through the Platform. The Inspector hereby agrees to cooperate and communicate with the Customer in the event that they raise an issue, complaint or concern through the online resolution centre.

    8. The Inspector shall:

      1. comply with all applicable laws, regulations, codes and sanctions relating to anti-bribery and anti-corruption including but not limited to the Bribery Act 2010 (Relevant Requirements);

      2. comply with CarExamer's Ethics and Anti-bribery and Anti-corruption Policies, or the policies of any relevant industry body, in each case as CarExamer or the relevant industry body may update them from time to time (Relevant Policies);

      3. promptly report to CarExamer any request or demand for any undue financial or other advantage of any kind received by the Inspector in connection with the performance of any Vehicle Inspections.

    9. The Inspector shall:

      1. not engage in any activity, practice or conduct which would constitute either:

        1. a UK tax evasion facilitation offence under section 45(1) of the Criminal Finances Act; or

        2. a foreign tax evasion facilitation offence under section 46(1) of the Criminal Finances Act 2017.

    10. Failure to comply with clauses 6.8 or 5.6 may result in the immediate suspension or de-registration of the Inspector.

  7. Fees

    1. The Inspector acknowledges that Customers make payment of the Inspection Fee via an FCA-regulated third-party payment gateway service provider (“Payment Gateway”) facilitated by the CarExamer Platform. The Inspector hereby authorises CarExamer to accept payment on his behalf from such Payment Gateways in respect of completed Vehicle Inspections.

    2. The parties hereby agree and confirm that CarExamer acts as a commercial agent solely on behalf of the Inspector for the purposes of the Payment Services (PSD 2) Directive (EU) 2015/2366.

    3. The Inspector shall pay to CarExamer the Commission in respect of any completed Vehicle Inspections in accordance with this clause 7.

    4. All amounts payable by the Inspector exclude amounts in respect of VAT which the Inspector shall additionally be liable to pay to CarExamer at the prevailing rate subject to receipt of a valid VAT invoice.

    5. As soon as reasonably practicable upon completion of a Vehicle Inspection and upon the Inspector submitting a duly completed Inspection Report to CarExamer, CarExamer shall:

      1. send an Inspector Invoice to the Customer on behalf of the Inspector and at the same time shall send a copy of such Inspector Invoice to the Inspector;

      2. submit to the Inspector an invoice in respect of the Commission in respect of the relevant Vehicle Inspection.


 

  1. Upon submitting the invoices referred to in clause 7.5.1 and 7.5.2 above, payment of the Inspection Fee shall be made by the Customer, and the Payment Gateway shall transfer the Commission to CarExamer and transfer the balance of the Inspection Fee to the Inspector using the bank details provided by the Inspector to CarExamer.

  2. Payment in full or in part of the Commission claimed under this clause 7 shall be without prejudice to any claims or rights of CarExamer against the Inspector in respect of the provision of the Vehicle Inspections.

  3. Expenses

    1. The Inspector shall bear his own expenses incurred in the course of carrying out every Vehicle Inspection including but not limited to any and all travel expenses and/or mobile data expenses incurred in the use of any smart phone or other electronic device for the purposes of submitting an Inspection Report, and all such expenses shall be covered by the Inspection Fee. The Inspector will not seek to make any additional charge to either the Customer or the Vehicle Owner.

  4. Other Activities

    1. Nothing in these terms and conditions shall prevent the Inspector from being engaged, concerned or having any financial interest in any capacity in any other business, trade, profession or occupation provided that such activity does not cause a breach of any of the Inspector's obligations under these terms and conditions.

  5. Data Protection

    1. CarExamer will collect and process information relating to the Inspector in accordance with the privacy notice which is on the CarExamer Platform.

    2. The Inspector and CarExamer acknowledge that for the purposes of the Data Protection Legislation, CarExamer is both a data controller and the data processor and the Inspector is a data processor.

    3. The Inspector and CarExamer will comply with the Data Protection Legislation.

    4. The Inspector shall in relation to any Personal Data processed in connection with the Vehicle Inspections, including but not limited to contact details of Vehicle Owner and/or Customers:

      1. process that Personal Data only on written instructions of CarExamer.

      2. keep the Personal Data confidential.

      3. comply with CarExamer's reasonable instructions with respect to the processing Personal Data.

      4. not transfer any Personal Data outside of the European Economic Area without CarExamer's prior written consent.

      5. assist CarExamer in responding to any data subject access request and to ensure compliance with its obligations under the Data Protection Legislation with respect to security, breach notifications, privacy impact assessments and consultations with supervisory authorities or regulators.

      6. notify CarExamer without undue delay on becoming aware of a Personal Data breach or communication which relates to CarExamer's or the Inspector's compliance with the Data Protection Legislation.

      7. at the written request of CarExamer, delete or return Personal Data and any copies thereof to CarExamer unless required by the Data Protection Legislation to store the Personal Data.

  6. Insurance and Liability

    1. The Inspector shall have liability for and shall indemnify CarExamer for any loss, liability, costs (including reasonable legal costs), damages or expenses arising from any breach by the Inspector of the terms of these terms and conditions including any negligent or reckless act, omission or default in the provision of the Vehicle Inspections or any breach of Data Protection Legislation and shall accordingly maintain in force at all relevant times full and comprehensive Insurance Policies.

    2. The Inspector shall ensure that the Insurance Policies are taken out with reputable insurers and that the level of cover and other terms of insurance are acceptable to CarExamer.

    3. The Inspector shall on request supply to CarExamer copies of the Insurance Policies and evidence that the relevant premiums have been paid.

    4. The Inspector shall comply with all terms and conditions of the Insurance Policies at all times. If cover under the Insurance Policies shall lapse or not be renewed or be changed in any material way or if the Inspector is aware of any reason why the cover under the Insurance Policies may lapse or not be renewed or be changed in any material way, the Inspector shall notify CarExamer without delay.

  7. Status

    1. The Platform acts as a marketplace introducing Customers and Inspectors. In undertaking Vehicle Inspections the Inspectors does so as principal on his own account, and at no time shall CarExamer be liable for any act, omission, negligence or other misconduct by the Inspector or any Customer, nor shall anything in these terms and conditions shall render the Inspector an employee, worker, agent or partner of CarExamer.

    2. The Inspector shall be fully responsible for and shall indemnify CarExamer for and in respect of:

      1. any income tax, National Insurance and social security contributions and any other liability, deduction, contribution, assessment or claim arising from or made in connection with Inspection Fees paid to the Inspector or any other payment or benefit received by the Inspector in respect of the Vehicle Inspections. The Inspector shall further indemnify CarExamer against all reasonable costs, expenses and any penalty, fine or interest incurred or payable by CarExamer in connection with or in consequence of any such liability, deduction, contribution, assessment or claim against CarExamer arising therefrom;

      2. any liability arising from any employment-related claim or any claim based on worker status (including reasonable costs and expenses) brought by the Inspector against CarExamer arising out of or in connection with the provision of Vehicle Inspections.

    3. The Inspector warrants that he is not nor will he at any time during the period he is registered with CarExamer operate as a managed service company, within the meaning of section 61B of the Income Tax (Earnings and Pensions) Act 2003.

  8. Notices

    1. Any notice or other communication given to a party under or in connection with these terms and conditions shall be in writing and shall be:

      1. delivered by hand or by pre-paid first-class post or other next working day delivery service at its registered office (if a company) or its principal place of business (in any other case); or

      2. sent by email to the email address of the party notified.

    2. Any notice or communication shall be deemed to have been received:

      1. if delivered by hand, on signature of a delivery receipt or at the time the notice is left at the proper address;

      2. if sent by pre-paid first-class post or other next working day delivery service, at 9.00 am on the second Business Day after posting or at the time recorded by the delivery service;

      3. if sent by email, at 9.00 am on the next Business Day after transmission.

    3. This clause does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any arbitration or other method of dispute resolution.

  9. Entire Agreement

    1. These terms and conditions constitute the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.

    2. Each party acknowledges that it does not rely on, and shall have no remedies in respect of, any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these terms and conditions.

  10. Variation

    1. No variation of these terms and conditions shall be effective unless it is in writing and signed by the parties (or their authorised representatives).

  11. Counterparts

    1. These terms and conditions may be executed in any number of counterparts, each of which, when executed [and delivered], shall constitute a duplicate original, but all the counterparts shall together constitute the one agreement.

  12. Third Party Rights

    1. A person who is not a party to these terms and conditions shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these terms and conditions.

    2. The rights of the parties to terminate, rescind or agree any variation, waiver or settlement under these terms and conditions are not subject to the consent of any other person.

  13. Governing Law

    1. These terms and conditions and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

  14. Jurisdiction

Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these terms and conditions or its subject matter or formation (including non-contractual disputes or claims)

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