Text Message Terms and Conditions
Conditions for the provision of a basic car valuation service by text message.
The following Conditions set out the terms upon which we, Pectech Limited trading as Value Any Car, are willing to make available our car valuation service (�Service�) to you. These Conditions apply each time you use the Service. For your own benefit and protection, you should read the Conditions carefully before using the Service. Please do not use the Service if the Conditions contain anything, which you are not prepared to agree to.
Please click on the links below to jump to the part of the Conditions you wish to read, or scroll down to read them in order.
- We are responsible for the operation of the Service although we use the services of communications technology and database providers in order to operate the Service. We are Pectech Limited, trading as Value Any Car, a company registered in England (number 04329128) whose registered office and address for correspondence is at Imperial Garage, Clarence Street, Hull, HU9 1DN. Our VAT number is 789 136 090.
- This is a subscription service.
The Service is offered as a service which, in return for a fee and subject to these Text Message Service Terms and Conditions, will provide you with an initial valuation for any vehicle whose registration number you send to us by text message ("Car"), setting out the Car's registration number, trade value and retail value as at the date on which we send the text message ("Basic Valuation"). You will receive two messages per calendar month for each registration number you send to us by text message ("Car"), you can opt-out of this service at any time by texting 'STOP' to 66601.
- By Texting a registration number to 66601 you will receive a trade and retail value for the vehicle ("Car"), associated with the registration number you have sent.
- You will receive two messages each month charged at �1.50 plus your networks standard rate per text, with the revised values of the vehicle ("Car"), associated with the registration number(s) sent for that said month.
- Customers can unsubscribe to this service at anytime by sending the word "STOP" to 66601. Sending "STOP" means customer will "Opt Out" and will not receive monthly values for the vehicle associated with the registration number sent and therefore will not be charged, unless there are messages queued still to be delivered to the user�s handset.
- If a customer sends another registration number to 66601 after they have "Opted Out" they will be treated as a new customer and would then have to send "STOP" to 66601 to "Opt Out" again if they did not want to receive further monthly values.
- By sending a text message to us in accordance with these Text Message Service Terms and Conditions you are accepting that a contract is created between us for the purchase of services from us on the terms set out in these Text Message Service Terms and Conditions
- In order to use the Service you are required to send a text message by mobile telephone only to 66601 which contains only the registration number of the Car for which you wish to obtain a Basic Valuation. Once we have received your text message we will check that registration number against databases operated by CarweB Vehicle Registration Look-up and CAP ("Database") and, if we are able to do so, provide you with a Basic Valuation by text message.
- The Basic Valuation is calculated by taking a figure which we obtain from the Database, adjusting that figure to take account of the assumptions which we make about the amount of profit which a buyer would wish to make on the resale of the Car and making further assumptions that the Car:
(5.1) has not been modified since first registration and does not have any equipment or accessories additional to those provided as standard by the manufacturer at the time of first purchase;
(5.2) has never been involved in an accident or been a write-off for insurance purposes;
(5.3) is in good, roadworthy and undamaged condition;
(5.4) has a valid tax disc and (if applicable) MOT certificate, neither of which expire before the next anniversary of the date of first registration of the Car
(5.5) has been maintained in accordance with the manufacturer�s recommendations and has a fully documented service history including stamped service record and invoices evidencing compliance with the manufacturer�s maintenance and service schedule;
(5.6) has covered an average number of miles, which we assume to be approximately 12,000 miles per year; and
(5.7) would be free to be sold by the owner of the Car without restriction and is not subject to any outstanding finance or other security interest.
- The Basic Valuation is intended to provide you with an approximate indication of the true market value of a Car. It should not however be used as the sole basis for deciding to buy or sell a Car.
- The true market value of a Car which does not meet all of the criteria in clause 5 may be substantially different to the Basic Valuation provided for a Car which does meet all of the criteria in clause 5.
- If we are able to provide you with a Basic Valuation we will endeavour to do so by sending you a text message from our automated text message system within three hours of receiving your text message. We will send you a second text containing a unique password which you can use to log onto our website at www.valueanycar.co.uk ("Website"). Please see the section headed "Selling a Car to us" below for further information.
- We are able to provide a Basic Valuation for most cars and light commercial vehicles up to a weight of 3.5 tonnes which were first registered in the United Kingdom.
- We are not able to provide Basic Valuations for low-volume vehicles, cars under 6 months old, motorbikes, vans or commercial vehicles over 3.5 tonnes. Please do not use the Service to attempt to obtain a Basic Valuation for any of these vehicles as we will not respond and you will still be charged the cost of your text message to us by your mobile telephone service provider.
- You will not receive a Basic Valuation or any other communication from us if you send a text message to us and we are not able to provide a Basic Valuation, we do not receive your text message or your text message does not contain a registration number which we are able to check against the Database. You will not be charged by us however you alone remain responsible for the cost of all text messages you send to us whether or not we reply. If we do not respond within three hours we are unlikely to respond at all. If you have any queries please call us on 01482 386576.
- The Service is aimed at consumers located in the United Kingdom. Please do not use the Service if you are located outside the United Kingdom or wish to use it for business purposes.
- You will be charged �1.50 including VAT for each text message that we send to you. The total charge for each time you use the Service is therefore �3.00 including VAT. Our charges for the Service will be charged against the account you hold with the provider of the mobile telephone number you used to text us. Your mobile telephone service provider will pay our charges on your behalf at our request.
- You must not send text messages to us using any mobile telephone for which you are not the bill payer or where you not have the bill payer�s permission to use the mobile telephone to access the Service.
- Please check any registration number you type into your text message carefully before sending it to us. If you send a registration number to us using the Service which you did not intend to send you will still be charged if we are able to provide a Basic Valuation for the vehicle to which that registration number relates.
- In addition to the charges we make for providing the Service, you alone are responsible for any charges you incur in sending text messages to us.
- We shall begin the provision of the Service immediately upon receiving your text message. Once you have sent a text message to us the Service cannot therefore be cancelled unless we agree otherwise.
- We will not make any refund to you in respect of your use of the Service unless we have not provided the Service with reasonable care and skill or in accordance with these Text Message Service Terms and Conditions.
- You are under no obligation to act upon any text messages received from us and you will not receive any further direct communication from us unless you log into the Website and complete the questionnaire in accordance with the section below.
- The Basic Valuation is intended to represent an approximate market value of the Car only.
- If you wish us to consider purchasing the Car from you, you may log onto the Website using the password we sent to you by text message. If you received a Basic Valuation but did not receive a password please email email@example.com or call 01482 386576.
- Once logged into the website you will be able to access a detailed questionnaire relating to the Car which you can complete and submit to us using the Website. We will review the questionnaire and, if we are willing to invite you to offer to sell your car to us, we will send an email to the email address you provide in the questionnaire with details of the price at which we would be willing to consider your offer to sell the Car. If you decide to offer to sell the Car to us at that price, and if we accept your offer to sell, we will purchase the Car from you in accordance with our Conditions of Purchase, which can be found by clicking on the link on the home page of the Website.
- We will not ask for any personal information from you unless you log into the Website.
- The Car registration number you text to us will be disclosed to the operator of the Database. The mobile telephone number you use to send your text message to us will be used by us and by the service provider who operates the technology that controls the communication aspects of the Service under contract with us. We will not use the Car registration number or mobile telephone number for any purpose other than to provide and charge you for the Service in accordance with these Text Message Service Terms and Conditions.
- You are solely responsible for any decision you make as a result of using the Service.
- We are responsible for sending text messages to you in accordance with these Text Message Service Terms and Conditions but we are not responsible for ensuring that you receive them, whether due to a lack of signal reception, fault in your mobile telephone, lack of credit or power in your mobile telephone or otherwise.
- Subject to clause 29, neither of you or us shall be responsible for any losses that the other suffers as a result of any breach of the Conditions, except for those losses which are a reasonably foreseeable consequence of such failure.
- Neither of you or us shall be responsible for losses that result from your or our failure to comply with the Conditions, including, but not limited to, losses that fall into the following categories:
(28.1) loss of income or revenue;
(28.2) loss of business;
(28.3) loss of anticipated savings;
(28.4) loss of data;
(28.5) any waste of time;
(28.6) loss of enjoyment; or
(28.7) loss of use.
- in these Text Message Service Terms and Conditions excludes or limits in any way our liability for:
(29.1) death or personal injury caused by our negligence;
(29.2) fraud or fraudulent misrepresentation;
(29.3) any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;
(29.4) losses for which it is prohibited by section 7 of the Consumer Protection Act 1987 to limit liability; or
(29.5) any other matter for which it would be illegal or unlawful for us to exclude or attempt to exclude our liability.
- We will endeavour to provide the Service in a timely manner but there may be delays which are caused for reasons beyond our control. In this case we will endeavour to provide the Service as soon as reasonably possible.
- We may suspend the Service or terminate the contract between us for the provision of the Service if we have to deal with technical problems, or to make improvements to the Service. You will not be charged for any text message to be sent by us until it is sent.
- We are relying upon the accuracy of the Database in calculating the Basic Valuation. We do not operate or maintain the Database and are not liable for any inaccuracies contained within it.
- We are not liable for any delay or failure to perform our obligations if we are prevented from doing so by an event beyond our reasonable control, which includes but is not limited to lack of availability of third party telecommunications services.
- If you have any complaints or queries, please contact us by writing to Value Any Car, Imperial Garage, Clarence Street, Hull, HU9 1DN, emailing firstname.lastname@example.org or calling 01482 386576.
- We may vary the Conditions at any time without notice. The latest version of the Conditions are available by clicking on the Text Message Service Terms and Conditions link on the home page of our website at www.valueanycar.co.uk. Please check the Conditions immediately before using the Service as it is that version that will apply to your use of the Service. Any changes which we make to the Conditions after you have sent your text message to us will not apply to that particular instance of your use of the Service.
- Each of the provisions in these Text Message Service Terms and Conditions shall be construed as separate conditions; should any provision or part of any provision be found to be invalid or unenforceable then such provision or such part of the provision shall apply with such modification as may be necessary to make it valid and effective. If no such modification is possible the provision or the part of the provision shall to the extent that it is found to be invalid or unenforceable be deemed severable and the remaining provisions in these Text Message Service Terms and Conditions and the remainder of such provision shall continue in full force and effect.
- Any waiver by you or us of any breach of, or any default under, any provision of these Text Message Service Terms and Conditions by us or you will not be deemed a waiver of any subsequent breach or default and will in no way affect the other provisions of these Text Message Service Terms and Conditions.
- Nothing in these Text Message Service Terms and Conditions confers on any third party any benefit or any right to enforce any of the provisions of these Text Message Service Terms and Conditions.
- All aspects of your use and our provision of the Service shall be governed by English law and we and any disputes between us shall be subject to the non-exclusive jurisdiction of the English courts.