Terms of service - VIN-Info

I. Introduction

These Terms of Service set forth the rules for using the website operated under the name “VIN-Info,” at the internet domain “www.vin-info.com” (hereinafter referred to as the “Website”). If you do not agree to these Terms of Service or any of its provisions, please do not use the Website.
The Website is operated by Autoiso sp. z o.o. located at: ul. Gnieźnieńska 12, 40-142 Katowice (Poland), entered into the register of entrepreneurs maintained by the District Court Katowice-East under the number KRS 0000840558, with a share capital of 8,000 PLN, and a tax identification number in Poland NIP: PL6342976575. You can also contact us through the contact form on the Website or via the email address: support@autoiso.pl. In matters related to the Website and services provided on it, we primarily communicate via email.
The primary goal of the Website is to provide its users with as much technical, historical, and other data about a specific vehicle as possible in the form of a Report (see Section II of the Terms of Service) based on the basic data identifying the vehicle provided by the users. We prepare the Report based on data from Sources (see Section II of the Terms of Service) and make it available to users through the Website.
Despite our efforts to make the Report a reliable source of knowledge about a specific vehicle, it is not possible to fully verify the accuracy of the data contained therein against the current factual state. For example, if data in the Report were recorded with errors in the Sources, the Report may replicate these errors and differ from the current factual state. Therefore, the Report should be treated only as an auxiliary tool for assessing the history and condition of a given vehicle, and then always directly examine the current factual state of the vehicle and its documents, especially before making a decision to purchase it.
If you notice any inconsistencies between the Report about a given vehicle and the current factual state of that vehicle, we would be grateful if you notified us about it. Data from Sources originating from third parties are independent of us, however, in case of justified doubts as to the accuracy of this data with the factual state, in order to avoid misleading, we may suspend the provision of doubtful data in Reports and notify the person from whom the data originates, retaining information about this situation.
The scope of information in the Report may vary for each vehicle. The possibility of obtaining certain information at a given time depends on whether this information is available in the Sources at that moment. Before ordering a Report, you can check whether a specific range of information about a given vehicle can be verified by us in the Sources.
The Report does not contain personal data, only data about a specific vehicle.
Services available on the Website are intended for individuals, legal entities, and other entities that have a place of residence or headquarters within the geographical boundaries of Europe (in particular countries of the European Economic Area) and North America.
Services on the Website are directed exclusively to individuals who are at least 18 years old and have full legal capacity.
The rules for processing personal data by us and the use of cookies are contained in our Privacy Policy available on the Website.
To use the Website, the user should use a device with internet access, with a properly installed and configured internet browser in the most current version and with current software for displaying PDF files, as well as should have an active email address. To use certain functionalities of the Website, Java Script software and permission to use specific cookies are required. We are not responsible for the lack of access to data posted on our Website due to the user’s device not meeting the technical requirements indicated above.

II. Definitions

In these Terms of Service, the following terms shall have the meanings ascribed to them:

“Consumer” means any natural person acting for purposes not related to their business or professional activity, and also any natural person using the services available on the Website for purposes directly related to their business activity, if it does not have a professional character for them, particularly arising from the subject of their business activity specified in the relevant public register.
“Report” means a dataset of various types of data about a specific vehicle obtained from the Sources according to the current state at the time of obtaining this data, which we make available through the Website. These data may contain information regarding the vehicle’s history, technical data, vehicle safety improvement measures, etc. These data should only be treated as an auxiliary tool for assessing the history and condition of a given vehicle, as they are not fully verified for consistency with the current factual state.
“Sources” mean all available data sources about vehicles, particularly our database and other databases available to us maintained by third parties, including public databases (e.g., National Motor Vehicle Title Information System, NMVTIS: http://www.vehiclehistory.gov/; National Highway Traffic Safety Administration, NHTSA: http://www.nhtsa.gov/; Vehicle & Operator Services Agency, VOSA: https://www.gov.uk/government/organisations/vehicle-and-operator-services-agency), as well as other commonly available sources of such data. Sources do not constitute an official register, although certain data contained within them may originate from such registers.

III. Rights to Content on the Website

Subject to other information on the Website, all intellectual property rights to the Website and the contents available on it (textual, graphic, or other), including trademarks and other graphic or verbal elements, are reserved and belong to us or our licensors.
In particular, the following are prohibited:
1. republication of materials obtained from the Website (including republication on another website),
2. sale, rental, lending, donation, transferring, or sub-licensing regarding the Website or materials from the Website,
3. public sharing of any materials from the Website,
4. reproduction, duplication, copying, or other commercial use of materials from the Website, or
5. editing or otherwise modifying any materials on the Website, without obtaining our prior and explicit written consent.

IV. Use of the Website

It is prohibited to use the Website in any way that may damage it or negatively affects the ability to use it and to use the Website in any other way that is illegal, unlawful, harmful, or related to any illegal, unlawful, or harmful purpose or activity.
It is prohibited to use the Website to copy, use, store, transmit, send, publish, or distribute any materials that contain any spyware, virus, Trojan horse, worm, keystroke logger, rootkit, or other harmful software or device, or reference them.
It is prohibited to obtain data from the Website that has not been made available to users by us, as well as any systematic or automatic data acquisition from the Website or data related to the Website (including using the following techniques: scraping, data mining, data extraction, and data harvesting) without our written consent.
It is prohibited to use the Website to transmit or send unsolicited commercial information.
It is prohibited to use the Website for any marketing purposes without our written consent.
Users are obliged to update their data provided on the Website during registration, particularly personal data, including login data and email address.

V. Limited Access to Website Resources

Access to parts of the Website’s resources is limited. We reserve the right to limit access to other resources of the Website or to limit access to the entire Website, subject to the rights of users arising from previously concluded contracts.
If a user obtains a login or password from us enabling access to resources with limited access located on the Website or to other content or services with limited access, the user is obliged to secure the password and login so that it is not disclosed to any third party.

VI. Content Posted on the Website by the User

Content posted on the Website by the user must not be illegal, contrary to the rules of social coexistence, netiquette, or other established customs, must not infringe any third-party rights, nor can it give rise to any claim or legal action against the user, us, or any third party (in each case, to the extent of any applicable law).
It is prohibited to post any content on the Website that is or has been the subject of any ongoing or threatening future litigation or similar proceedings.
We reserve the right to modify or remove any content posted, stored, or published on the Website, especially if it turns out to be unlawful.
Subject to the provisions of these Terms of Service and applicable law, we are not obligated to monitor the content posted or published on the Website by the user.
All content placed by the user on the Website should also be kept on their own devices for additional protection against loss.

VII. Provision of the Report and Payments

Access to certain resources of the Website, in particular obtaining a Report, is chargeable. In such a case, payments are made exclusively through the payment service indicated on the Website (such as PayPal or PayU) using a credit card or in another way indicated there.
To obtain a Report, you must first provide the basic data identifying the vehicle (specified in the forms on the Website), which will allow us to check and present preliminary information on whether and what range of information about the vehicle can be verified by us in the Sources. Then, based on the preliminary information provided by us, you should choose the range of information to be provided in the Report, the method of payment, and register or log in on the Website to enable us to provide services. The contract between the user and us to provide the Report is considered concluded at the moment of the user’s payment. These Terms of Service constitute part of that contract. The Report is made available on the Website automatically, immediately after the successful completion of payment.
Payments for services available on the Website through the payment services indicated there (like PayPal or PayU) are subject to the terms and conditions of these services available on their websites.
The prices of our services, in particular the Report and supplementary services, are listed on the Website.
After obtaining the Report, a VAT invoice can be ordered through the user’s account with the provided data. Using chargeable services is treated as acceptance of the use of electronic invoices.
On the Website, you can order packages that allow obtaining Reports for a specified number of vehicles, within a specified time, and for a specified price listed on the Website. If the Sources are temporarily unavailable due to technical reasons for a period longer than one day during the validity of the package, the validity period of this package will be extended accordingly upon the user’s request.
For users who are not Consumers, delays in the provision of the Report related to technical problems caused by a third party, a breakdown, or maintenance work, or software update do not constitute a breach of the contract to provide the Report.
Purchased Reports are made available on the Website for a minimum of 30 days. After this period, they may be completely removed from the Website.

VIII. Supplementary Services

The Website may also provide free continuous services supplementary to the provision of Reports, including:
1. providing the user with an account on the Website, set up during the conclusion of the first contract to provide a Report, in order to provide the Report and facilitate further use of services available on the Website;
2. delivering a newsletter to the user.
In the case of supplementary services for the provision of the Report:
1. we may cease to provide the service with immediate effect in the event of a breach of the Terms of Service by the user (see Section XII of the Terms of Service), and in the case of termination of our operations or a significant change in their subject, with two weeks’ notice;
2. we may cease to provide the service with immediate effect in the event of receiving a feedback that a specific e-mail address does not exist, and in the case of inactivity of the user on his account on the Website for a period of at least one year, with two weeks’ notice;
3. the Website user may resign from these services at any time with immediate effect. If you wish to delete an account, this can be done by notifying us through one of the communication methods with us listed in Section I.2. of the Terms of Service or by using the user account settings if such an option is available. You can unsubscribe from the newsletter by clicking the unsubscribe link in each newsletter message.

IX. Statements and Disclaimers

Based on the contract with the user to provide the Report, we commit to providing data about a specific vehicle that is available to us from the Sources at that time. Therefore, it may happen that some expected data will not be available in the Sources. Consequently, the Report constitutes only assistance and guidelines for the user. For objective reasons, we are not able to guarantee that the data in the Report are complete, up-to-date, and fully consistent with the current factual state of the vehicle.
If the specification of the basic information about the vehicle contained in the Report is based on decoding data from the VIN number assigned to the vehicle by the manufacturer, it will not show changes made in the specific vehicle after its production.
For users who are not Consumers, to the extent provided by applicable law, we make no representations (in particular regarding the standards of performing services on the Website and using it), we exclude warranties, do not provide quality guarantees, and do not guarantee the correctness of decoding basic vehicle identifying data, in particular the VIN number.

X. Limitation of Liability

The purpose of the provisions of these Terms of Service is not to limit or exclude our or the user’s liability in any way contrary to the law; in particular, the Terms of Service do not exclude our or the user’s liability for damages caused by intentional fault.
The exclusions and limitations of liability provided in the Terms of Service:
1. are subject to the limitations indicated in paragraph 1 above;
2. apply to all liability that may arise under the Terms of Service in connection with their subject matter, including contractual liability, tort, or other similar liability;
3. do not apply to Consumers.
For users who are not Consumers, to the extent possible within the applicable law, we are not liable for:
1. damages of any kind, in particular for lost profits, unless the damage was caused by our intentional fault;
2. loss or damage to any data, database, or software, both ours and the user’s.
We are not liable for any damages resulting from an event or events beyond our control, unless otherwise provided by mandatory provisions of law.
The Report is provided exclusively to the user who is a party to the contract with us to provide the Report and should not be made public without our prior consent.
For users who are not Consumers, if the information contained in the Report comes from the National Motor Vehicle Title Information System (NMVTIS), using the Website means accepting the limitations of liability indicated by NMVTIS on the website at vehiclehistory.bja.ojp.gov, and if they come from the databases of the National Highway Traffic Safety Administration (NHTSA) or Vehicle & Operator Services Agency (VOSA), using the Website means accepting the regulations of these databases.

XI. Indemnity

Users who are not Consumers indemnify us from compensation for all losses, damages, compensations, costs, liabilities, and expenses (including costs related to any proceedings and any amount paid by us to a third party as a settlement) related to any breach of these Terms of Services by the user, and are obliged to reimburse us for all costs incurred by us in connection with it.

XII. Violations of the Terms of Contract

Subject to all our other rights arising from these Terms of Services, if a user violates the Terms of Services in any way, we may take such actions as we deem appropriate to respond to the breach, to prevent further violation and limit further damage, including suspending the user’s access to the Website, preventing the user’s access to the Website, blocking access to the Website for a particular IP address, contacting the user’s Internet provider to block access to the Website, terminating contracts binding us with the user and deleting his account, or taking legal action.

XIII. Exclusion of Third Party Rights

The Terms of Service define only the relationship between us and the Website users and do not provide any rights for third parties or entitle them to invoke any of its provisions or demand the execution of these provisions. The execution of the provisions of the Terms of Service does not require the consent of any third party.

XIV. Assignment

Users may not transfer, share with others, or otherwise dispose of their rights and obligations arising from the contract binding us with them, nor incur obligations regarding these rights and obligations.
For users who are not Consumers, we reserve the right to transfer the rights and obligations arising from the contract binding us with them to a third party without the consent of these users.

XV. Complaints and Alternative Dispute Resolution

In case of technical problems related to the Website, or if the Report provided by us contains data inconsistent with the factual state or outdated, or to submit questions, suggestions, or complaints regarding the Website (complaints), one of the communication methods with us listed in Section I.2. of the Terms of Service should be used. We strive to respond promptly, no later than within 14 days.
For Consumers, there is a possibility of using alternative dispute resolution. In Poland, detailed information on this subject, including a list of entities providing assistance in such situations, can be found on the website of the Office of Competition and Consumer Protection: https://polubowne.uokik.gov.pl/. There is also the possibility of using online dispute resolution through the ODR (Online Dispute Resolution) platform provided by EU institutions at: https://ec.europa.eu/consumers/odr. However, using alternative dispute resolution is voluntary for each party.

XVI. Applicable Law and Jurisdiction

These Terms of Service are subject to Polish law, and in the scope not regulated in the Terms of Service, the provisions of the Civil Code of April 23, 1964, the Consumer Rights Act of May 30, 2014 (in relation to Consumers), and the Act on the Provision of Services by Electronic Means of July 18, 2002, apply.
For users who are not Consumers and for users who are Consumers whose place of residence is located in Poland on the date of concluding the contract to provide the Report, any disputes related to these Terms of Service or the Privacy Policy shall be subject to the exclusive jurisdiction of the Polish courts.

XVII. Severability

If any provision of these Terms of Service is deemed invalid or unenforceable by a court or other competent authority, the remaining provisions of the Terms of Service remain binding. If the invalid or unenforceable provision would be valid after part of it is removed, that part will be considered deleted, and the rest of the provision will be deemed valid and enforceable.

XVIII. Amendment of the Terms of Service

The Terms of Service may be amended for valid reasons, which include: compliance with the currently applicable laws, significant changes in the purchasing power of money, significant changes in the level of minimum or average wages, unforeseen and independent events beyond the control of the parties (such as war, riots, natural disasters, epidemics), significant changes in the nature or manner of conducting our business operations and providing services on the Website, changes in the procedure for purchasing services on the Website, changes in the available payment methods, and changes in the security of the Website and its users.
Changes are made by publishing the Terms of Service in their new wording on the Website and by immediately notifying users who use our services provided through the Website and have provided us with their email address. The Terms of Service in their new wording come into effect 14 days after publication on the Website and will apply only to contracts concluded after their entry into force and to continuous services (such as maintaining a user account, newsletter). Within 14 days of receiving notification of the change to the Terms of Service, the user may cancel the services we provide with immediate effect by notifying us via email or by clicking a link provided in the email with the change notification that allows canceling the services.
For users who are not Consumers, a change in our contact details does not constitute a change to these Terms of Service.

XIX. Right of Withdrawal from the Contract

The statutory right to withdraw from the contract is not available to users who are not Consumers.
The statutory right to withdraw from the contract is not available to users who are Consumers because the Report constitutes digital content not supplied on a tangible medium, for which the Consumer is required to pay a price, and the provision of the Report is initiated only with the prior consent of the Consumer and after the Consumer has been informed of the loss of this right as a result of giving such consent and acknowledging this, and then receiving confirmation from us in this respect (as described in Article 38(1)(13) of the Consumer Rights Act of 30 May 2014).