Terms and Conditions

General

In these terms and conditions the following expressions shall have the following meanings:-
“we”/ “us”/ “ours” means or refers to Benchmark Fleet Services Ltd trading as TextCheck who provides the Information to you;
“you”/ “your” means or refers to you, the customer, who submits the Enquiry and receives the Information (in each case subject to these Conditions);
“Enquiry” means a Textcheck enquiry submitted by you either online at the Website or by email, by telephone or in writing to the Textcheck Offices or by SMS to our SMS Services;
“Information” means the information supplied by us relating to a motor vehicle or related information recorded on our electronic database in response to your Enquiry;
“Contract” means the contract between you and us for the supply of the Information made subject to these Conditions;
“Website” means the Textcheck.ie website.

When you submit an Enquiry to us, this constitutes an offer by you to enter into a Contract with us for the provision of Information subject to these Terms & Conditions. A Contract will only come into existence between you and us when we provide to you Information in response to your Enquiry whether by email, online via the website, downloaded from the website, in hardcopy printout or via SMS. We reserve the right for any reason and without explanation to decline to enter into a Contract with you.

The Contract and all Information provided shall be subject to these Terms & Conditions which apply to the exclusion of all other terms, conditions and statements.

When submitting your Enquiry at our Website, via email, phone or in writing, it is your responsibility to complete the request screens at our Website fully and correctly to ensure a prompt response by us. When submitting your Enquiry over the telephone, in writing or via SMS, you must provide us with accurate and complete information to ensure we are able to deal with your Enquiry promptly. It is also your responsibility when using Textcheck’s services to notify us if we supply any Information which you know or suspect is incorrect or incomplete.

Website Conditions of Use

Use of the Textcheck website and related services delivered outside the website such as phone, written and SMS services is subject to a number of terms & conditions as set out below. If you have any questions on these terms and conditions please do not hesitate to contact us
Each time you access the website, emailed report, hardcopy report or SMS report you will be deemed to have read and accepted these Terms & Conditions and you accept that you will be bound by them. Textcheck reserves the right to alter the Terms & Conditions at any time without notification to you and you are obliged to check if changes have been made to the Terms & Conditions. Your use of this web site, emailed report, hardcopy report or SMS report after changes have been made to the online Terms & Conditions shall constitute acceptance of the revised Terms & Conditions.

If you do not agree to abide by any of these Terms & Conditions you should cease using the Textcheck website and any related services such as phone, written and SMS services immediately.

Disclaimer

The Textcheck web site is provided “as is” and Textcheck gives no warranties, conditions, guarantees or representations, express or implied, that this web site will be available without interruption or that it is error, virus or bug free.

Textcheck uses data in its reports supplied by third parties. Textcheck does not give any warranty or representation, express or implied, about the accuracy, completeness, merchantability or appropriateness for any particular purpose or non-infringement of any information, materials or graphics on this website. Your use of our services shall be at your own risk, and except as provided for in the contractual terms relating to the provision of its services, Textcheck shall not be liable for any direct, indirect or consequential loss or damage arising from your reliance on any information contained on this website, emailed report, written report and SMS report, or your use of this website emailed report, written report and SMS report, or for any typographical or other errors or omissions within the material contained on this website.

All information supplied in relation to Finance Checks is given to the best knowledge and belief of Hire Purchase Information Ltd., according to the information contained in its records. Hire Purchase Information Ltd. nor Textcheck do not warrant or guarantee that it has a complete record of every vehicle the subject of a Hire Purchase or Leasing Agreement or that it has a complete up-to-date record of those vehicles which were at one time but have subsequently ceased to be the subject of a Hire Purchase or Leasing Agreement. Hire Purchase Information Ltd. nor Textcheck do not accept liability for any action arising out of any information given.

Copyright and Other Rights

Except where expressly acknowledged on the website, the contents of the web pages of this website, the content of downloadable Textcheck reports and the content of SMS services are © Copyright Textcheck 2012, and Textcheck is the proprietor of all other intellectual property rights in them.

All Textcheck trademarks, names and logos are the proprietary marks of Textcheck or its associated companies. Marks identifying third parties are owned or licensed by those third parties or their associated companies.

Except with the express permission of Textcheck, you agree that you will not copy, reproduce, redistribute, download, republish, transmit, display, adapt, alter, create derivative works from or otherwise extract or re-utilise any material appearing on this web site.

Linked Sites

Textcheck does not control third party websites which our website may provide hypertext links to, and therefore Textcheck is not responsible for any content on third party sites linked from our site or which provide a link to our site. The inclusion of links to any third party web sites does not imply any endorsement of the material, information or statements contained on the web site or of the owners or operators thereof.

Charges

You will pay us our charges for the Information and Services provided at our current levels from time to time, by credit card or any other payment method we accept (details of which are available at the Website), before we send you the Information.

Fees & Cancellations

All fees and charges must be paid by credit/debit card at the time of booking or by mobile phone bill as appropriate.

Matters Outside of Our Reasonable Control

We shall not be liable for any delay in performing, or any failure to carry out an Inspection to the extent that such delay or failure results from events or circumstances outside our reasonable control.

Exclusion of Liability for Loss

We will not be liable for any loss or damage in circumstances where:

such loss or damage is not a reasonably foreseeable result of any such breach (loss or damage is foreseeable where it could be contemplated by you and us at the time the vehicle is inspected);
such loss or damage was not caused by a breach by us, our employees or agents;
such losses are business losses or losses to customers who are not consumers;
any increase in loss or damage results from breach by you of any term of this contract. Nothing in these terms and conditions shall exclude or restrict our liability for negligence resulting in death or personal injury or any other liability which cannot be lawfully excluded or restricted.

Pre-Purchase Inspections are supplied solely for the use of the Customer and are not for the use of, or to be relied upon by, any third party and the Customer shall be responsible for advising any such third party accordingly. However in certain circumstances We reserve the right to disclose details of the report, (whether in whole or in part,) to a third party such as the vendor.

Report Advice

You are strongly advised to discuss the findings within the Report with the vendor PRIOR to making any decision to purchase the vehicle. If you have not viewed the vehicle personally, you must satisfy yourself of the vehicle’s cosmetic appearance, specification and suitability for your needs and expectations by viewing and driving the vehicle yourself, prior to making your purchasing decision.

Limitation of Liability

Textcheck shall not be liable for any damages whatsoever, and in particular Textcheck shall not be liable for any special, indirect, consequential, or incidental damages, or damages for lost profits, business interruption, loss of revenue, or loss of use, arising out of or related to this Site, the Content or the Materials, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if Textcheck has been advised of the possibility of such damages.

Textcheck cannot, at any time, accept responsibility for any losses, injuries, inconvenience or expenses caused due to any data supplied via our website or appearing on our reports or Force Majeure including but not limited to government action or restraint, war, riot, civil strife, industrial dispute, strikes, terrorist activity, natural or nuclear disaster, fire, flood, delays, weather conditions or the threat of any of these or any other event beyond its control.

No right to Cancel

When making an enquiry at our Website, by telephone or via SMS, you agree that you have no right to cancel the Contract after we have received and commenced processing your Enquiry.

Use of your Personal Data

We obtain and hold vehicle and associated data from many sources, including finance companies, insurers, vehicle owners. This data is used to protect both those making searches and the owners of vehicles on Textcheck’s database. For that reason, you agree and consent to us disclosing relevant information about you (including your name, address and details of your usage of Textcheck’s services) to any person to whom we consider that it would be expedient to do so, for the sole purposes of preventing, detecting or discouraging crime, for the apprehension or prosecution of offenders, or for the recovery of stolen vehicles or other property. Without limiting the foregoing, you expressly agree and consent to us disclosing any such information about you to:-
(a) a person claiming to be owner of a vehicle against which you have submitted an Enquiry; or
(b) the police or other law enforcement authorities.

Your use of the Information

The Information we provide to you is for your own personal use. Accordingly you must not sell, supply or otherwise disclose the Information to any third party, but you may supply free of charge a printed copy of the Information to any potential purchaser or the seller of a vehicle to which the Information relates (in the course of negotiating the purchase or sale of the vehicle) provided that the Information is in the form supplied by us (without amendment to any of the contents). For the aviodance of doubt Textcheck relies on data supplied by third parties and gives no warranty as to the accuracy of this data. Textcheck shall not be liable for any damages whatsoever arising out of or related to this Site, the Content or the Materials provided within a report.

Governing Law

The information contained on, and your use of, this website and these Terms & Conditions shall be governed by the laws of the Republic Of Ireland, and you agree to submit to the exclusive jurisdiction of the Irish Courts in relation to any matter arising under or in connection with your use of this website or its contents.

Report Updates

You may update the “optional details” fields contained in a report free of charge for a period of 31 days after a report has been purchased. All other elements of a report outside of the pre-defined “optional details” including the finance check part of the report may not be updated free of charge during the 31 day period.

Refund Policy