Document Version 1.1
You are advised to print and retain a physical copy of these terms and conditions
In these terms and conditions "we", "us" or "our" means HPI Ltd trading as CAP-HPI whose registered office is at Capital House, Bond Court, Leeds. LS1 5EZ. ENGLAND. We may change these terms and conditions from time to time by updating this page of our website (the "Website"). You should check this page from time to time to ensure that you are happy with any changes. These terms and conditions are effective from November 2016 and are only in the English language.
1.1 Please read these terms and conditions carefully and make sure that you understand them as by seeking to obtain a Free Valuation and Upgrade Valuation (a “Valuation”) you agree to these terms and conditions. If you do not accept these terms and conditions, you will not be able to obtain a Valuation from the Website.
1.2 The Valuation tools are for private non-commercial use by persons located in the United Kingdom only. You may not use the Valuation tools for commercial, business and/or resale purposes. Please contact us at the address below if you wish to use CAP-HPI tools for commercial purposes or visit our website at business.cap-HPI.co.uk for more details of our range of services. We reserve the right to restrict your usage of our Free Valuation tool [and other data services] to a maximum of five occasions within any two week period.
1.3 By accessing and using the Website, in particular the Valuation tools, you warrant that you are aged 18 years or over and that you are legally able to enter into contracts.
2.1 To obtain a Free Valuation, enter the information requested, confirm that you agree to these terms and conditions and click "Get Valuation".
2.2 We may not be able to provide a Free Valuation for vehicles that are:
2.3 For the purpose of our Free Valuation tool, mileage provided by you is rounded down to the nearest thousand miles.
3.1 On payment of the applicable fee, and subject to the availability of the information to CAP-HPI, you may upgrade from the Free Valuation to an Upgraded Valuation containing the following information:
3.2 In addition, where available the Upgraded Valuation will include the estimated running costs of the vehicle, including:
3.3 In order to pay for your Upgraded Valuation, you will be redirected to a payment screen which will prompt you to enter your card details. Our payment service provider will complete the order transaction in a secure environment and automatically debit your account. CAP-HPI does not receive or process your card details.
4.1 We will display your used Valuations on the Website immediately and send an e-mail to the address you provided to us confirming details of how you can retrieve your Valuation.
5.1 The Valuations are guides only and CAP-HPI does not warrant that you will be able to sell, or buy a vehicle for the Valuation received. The actual sale or purchase price is dependent on a number of additional factors, including colour and condition of the vehicle, supply of similar cars within the open market, promotions on offer and location. You agree that you may therefore achieve a sale or purchase of a used vehicle at a level higher or lower than the Valuation.
5.2 In the Upgraded valuation, the estimates for depreciation, fuel costs, vehicle tax, servicing & maintenance costs and insurance are illustrative only and CAP-HPI does not warrant that they are or will be accurate. The estimates are based on a typical vehicle usage (10,000 miles per annum) and ownership duration (3 years). If you need to change these assumptions, the Upgraded Valuation will allow you to adjust the annual mileage, ownership duration and insurance premium costs to generate a personalised estimate.
5.3 Valuations are provided on the basis of a single transaction between a domestic vehicle user buying or selling a vehicle in a private non-commercial cap-HPIacity (typically known as an Average Private Sale price).
5.4 The Valuations are based on the information provided by you and accordingly you must provide complete and accurate information for a Valuation.
5.5 The Valuations are based on assumptions for vehicles in a condition taking into account their age and normal usage, and are not adjusted to allow for any remedial work that has been undertaken to restore vehicles to an unusually high standard such as “concourse” show condition. This applies especially to vehicles that could be considered as "classic" models, or those that are collected by enthusiasts.
6.1 By clicking ‘PAY’, you expressly request that CAP-HPI supplies the Upgraded Valuation immediately. Accordingly, you have no right to cancel the contract for the supply of an Upgraded Valuation under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 or otherwise as the Upgraded Valuation will be fully performed and delivered to you immediately.
7.1 You must not: (i) corrupt the Website; (ii) attempt to gain unauthorised access to the Website, the servers on which the Website is stored or any server, computer or database connected to the Website; (iii) knowingly or negligently use any features which may affect the function of the Website in any way (for example releasing or propagating viruses, worms, trojans, logic bombs or similar material that is malicious or harmful); or (iv) interfere or tamper with, remove or otherwise alter in any way, any information in any form which is included on the Website.
7.2 Whilst we endeavour to ensure that the Website is normally available 24 hours a day, we shall not be liable if for any reason the Website and/or access to the Valuations tools are unavailable at any time. Access to the Website and/or the Valuations tools may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for any other cause.
7.3 The Website is provided "as is" and your use is at your own risk. CAP-HPI, its officers, directors, employees and agents disclaim, to the fullest extent permitted by law, all express and implied warranties. We do not warrant that the Website will be free from viruses, available, accessible, error-free, uninterrupted or that the contents will be accurate.
7.4 All rights in all material and content (including, but not limited to, text, images, web pages, look and feel, design and compilation) in the Website are owned by CAP-HPI or its licensors. You may view the Website and you may print hard copies of material and content from the Website for your lawful, personal, non-commercial use. To the extent permitted by law, all other copying, whether in electronic, hard copy or other format, is prohibited and may breach intellectual property laws and other laws worldwide. Furthermore, you are not entitled to reproduce, transmit, publicly perform, distribute, adapt, translate, modify, bundle, merge, share or make available to any person, or create derivative works of such material, or use it for commercial purposes, without our prior written consent. All other rights are reserved.
7.5 You acknowledge and agree that we have no responsibility for the information provided by sites to which you may link from the Website. Links to other sites do not constitute an endorsement by or association with us of such sites or the content, products, advertising or other materials presented on such sites. We have no control over these sites and do not edit or monitor them. We are not responsible or liable, directly or indirectly, for any damage, loss or cost caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on such sites.
8.1 Nothing in these terms and conditions will affect your rights as a consumer, or limit or exclude our responsibility for fraudulent representations made by us or for death or personal injury caused by our negligence or wilful misconduct.
8.2 You acknowledge that the Valuations are supplied only for private and non-commercial use. If you use a Valuation for commercial, business or re-sale purpose, CAP-HPI shall we have no liability to you whatsoever, including for loss of profit, loss of business, business interruption and/or loss of business opportunity.
8.3 If notwithstanding the provisions of Section 5 above and this Section 8, CAP-HPI is liable to you for any reason, CAP-HPI’s total liability shall be equal to the amount that you paid for the Valuation that gave rise to the claim.
9.1 If you are unhappy with the service provided to you please contact us at the address below and we will endeavour to resolve any disagreements as quickly as possible.
9.2 If for any reason your session is terminated after you have clicked ["Continue"] but prior to you receiving a Valuation, please contact us at the email address below.
10.1 We will communicate with you by e-mail and/or by posting notices on the Website. You agree to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You may communicate with us by any means permitted by law.
11.1 These terms and conditions are subject to English law and you submit to the exclusive jurisdiction of the English courts in relation to any dispute between us.
12.1 We may transfer our rights and obligations under these terms and conditions to another organisation. You may only transfer your rights or your obligations under these terms and conditions to another person if we agree in writing.
12.2 These terms and conditions are between you and us. No other person shall have any rights to enforce all or any of part of these terms and conditions.
12.3 Each of the paragraphs of these terms and conditions operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
12.4 If we fail to insist that you perform any of your obligations, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.HPI Limited