Rules for the use of the website and provision of services

1. General provisions

1.1. These rules (the Rules) lay down the terms and conditions for the use of the website Carvertical.com (Carvertical.com) and Services provided on Carvertical.com.

1.2. Carvertical.com is managed and administered by CV Group, UAB, reg. No. 303134915, address Aukštaičių g. 7, Vilnius, Republic of Lithuania (hereinafter – Carvertical).

1.3. The User confirms their consent to the Rules and undertakes to comply with them when using Carvertical.com in any way or form. Any user who does not agree with one or more of the terms and conditions of the Rules will have no right to use Carvertical.com.

2. Definitions

2.1. For the purposes of these Rules, the following terms, when capitalised, have meanings as specified in this paragraph of the Rules.

2.1.1. Report means a vehicle history report, which contains various types of information about the vehicle that Carvertical.com Users might order.

2.1.2. Commercial User means any natural or legal person who uses the Services for purposes of business, trade, craft or profession (other than private consumption) or for the dual purpose of private consumption and business, but considering all the circumstances related to the Services, business purposes dominate.

2.1.3. Credits means Credits included in the User Account acquired by the User, which can be exchanged for obtaining the Report. One Credit can be exchanged for one Report.

2.1.4. User means the person who has ordered the Report or who is otherwise using Carvertical.com, including Private Users and Commercial Users.

2.1.5. Account means the User Account at Carvertical.com that the User opens in order to access Services.

2.1.6. Services means services provided to the User for consideration which the User can receive at Carvertical.com, including, but not limited to, ordering and the provision of Reports or Credits.

2.1.7. Initial Report means the information provided by Carvertical.com by entering the vehicle identification number and the data categories that are verified and included in the Report.

2.1.8. Private User means a natural person who uses Services for purposes other than those related to business, trade, craft or profession (for the purpose of consumption) or for the dual purpose of consumption and business but considering all the circumstances related to the Services, business purposes do not dominate.

2.1.9. Vehicle identification number (VIN) means the unique 17-digit code assigned by the manufacturer to each vehicle leaving their factory.

2.1.10. Third-Party Websites means independent Third-Party Websites, i.e. not related to Carvertical.

3. Account

3.1. To use some Services, e.g. to control additional Credits, the User must open an Account. The User may open an Account:

3.1.1. by entering their email address and preferred password. If this method is used, the User must activate the Account by clicking on the link in the email that Carvertical will send to the email address indicated at the time of registration of the Account, or

3.1.2. by entering their email address when the User acquires Credits or a Report for the VIN entered at Carvertical.com. If this method is used, the User will create the password by clicking on the link in the email that Carvertical will send to the email address indicated at the time of the Credit purchase or Report, or

3.1.3. by using a third-party, i.e. Facebook, Google and Apple, accounts and providing Carvertical access to these third-party accounts.

3.2. The User is responsible for maintaining the confidentiality of the Account login data and for any activity performed by third parties on behalf of the User in the Account, because the User has failed to ensure the confidentiality of the login data. The User undertakes to notify Carvertical by email to info@carvertical.com without delay, of any loss or unauthorised use of login data or any other breach of the security or confidentiality of the login data.

3.3. If the User no longer wishes to use the Account, they have the right to delete it at any time by sending a written message to Carvertical by email to info@carvertical.com or by using their Account settings.

4. Report

4.1. The User may purchase Credits that can be exchanged for a Report or enter the VIN code on Carvertical.com and receive the Report for the specific VIN (in this case the Credit purchased by the User is automatically exchanged for the specific VIN Report). Credits will be credited to the User’s Account no later than within 60 minutes from the receipt of payment in accordance with the procedure laid down in these Rules (or, if the Credits are ordered by the Commercial User, from receipt of payment in accordance with the procedure laid down in these Rules or within such timeframe as provided for in a separate agreement between Carvertical and the relevant Commercial User).

4.2. The Credit price, considering the situation on the market, special offers, currency fluctuations and other elements, is constantly changing, but the current valid pricelist for Credits and other Services is always available at Carvertical.com. The final price of the Credits applicable at the time of the order will always be displayed in the window where the method of payment for the Credits is selected.

4.3. The Credits purchased by the User will be valid for 12 months from the moment of purchase. Upon expiry of this period, the User’s Credits will no longer be valid, they will be deleted from their Account and the User will no longer be able to exchange them for Reports.

4.4. When the User enters a vehicle VIN on Carvertical.com, they can view the Initial Report, which indicates the information that will be verified and provided in the Report (provided the records are available). The Report may not contain records of certain data categories indicated in the Initial Report, which means that Carvertical failed to find records in a certain data category or categories.

4.5. The Report will be uploaded to the User Account no later than within 5 minutes after debiting the Credit from the User Account (or, if the Report is ordered by the Commercial User, from the moment the Credit is debited from the User Account or within such timeframe as provided for in a separate agreement between Carvertical and the relevant Commercial User), and an email is sent to the User’s email address specified in the Account with a link to the Report.

4.6. The Report is available to the User on the web browser for a limited period of time as specified in Paragraph 4.7 of the Rules, and it may be accessed via the User Account or the active link. It is also possible to save the Report in a durable medium from Carvertical.com onto the User’s device in PDF format.

4.7. The Report is available to the User on the web browser for a period of 30 calendar days from the date of uploading the Report to the User Account. After the expiry of the term specified, the Report will not be accessible to the User, the User will no longer be able to save it in PDF format, and if the User wishes to order a new Report on a specific vehicle, they can order a new Report.

4.8. Carvertical is striving to provide the most accurate and complete information in the Report. However, the information presented in the Report, must be collected from a wide range of public databases and other sources the content of which, as well as its accuracy, relevance and completeness of data, is not within Carvertical control. Carvertical simply provides aggregate information to the User in the form of a Report. Accordingly, when purchasing the Report, the User confirms they understand and agree that:

4.8.1. to the extent permitted by applicable law, Carvertical does not guarantee that the information contained in the Report is accurate, relevant and complete.

4.8.2. all or part of the information provided in the Report may not be available to Carvertical in certain jurisdictions, even if it is available to other third parties. Accordingly, a reverse option is possible where all or part of the information provided in the Report may be available to Carvertical in certain jurisdictions, but not available to other third parties.

4.8.3. The User will assume full responsibility for their decisions, for the purchase or the refusal to purchase a vehicle, on the basis of the information contained in the Report. In the event of any doubt as to the information contained in the Report, the User should verify with the relevant competent authorities. Carvertical recommends such verification in all cases when a decision is taken on the basis of the Report, e.g. before a decision to purchase a vehicle.

4.8.4. The advice or information provided in the Reports or on the website should not in any way be treated as an offer, demand or recommendation to purchase, rent or otherwise acquire rights to the vehicle specified in the Report.

4.9. Carvertical does not prohibit and encourage Users to make public or otherwise use the Report to the extent this is related to the User’s intent to evaluate the vehicle or to provide its evaluation to third parties in order to justify certain characteristics and reliability of the vehicle. It is, however, prohibited for the User to resell or otherwise use the Report directly in commercial activities where the Report itself or a part thereof is the subject of a commercial transaction or commercial activity.

5. Responsibilities of the User

5.1. The User undertakes:

5.1.1. not to use automatic devices, software, algorithms or methodologies, or any similar or equivalent manual process to access, acquire, copy or monitor any part of Carvertical.com or any content, or in any way to restore or bypass the Carvertical.com navigation structure or Carvertical.com or any of its content, to obtain or attempt to obtain any material or information not specifically accessible to the User on Carvertical.com.

5.1.2. not to seek unauthorised access to any part or function of Carvertical.com, or systems or networks related to Carvertical.com by unauthorised hacking, password mining or by other unlawful means.

5.1.3. not to take action that would unreasonably or disproportionately overload the infrastructure or systems or networks related to Carvertical.com.

5.1.4. not to use any device, software or take other action that would interfere or that would be used in an attempt to interfere with the proper operation of Carvertical.com or any operation performed by Carvertical.com or the use of Carvertical.com by any person.

5.1.5. not to use Carvertical.com or any content contained therein for unlawful purposes or purposes non-compliant with the Rules or seeking to encourage any illegal activity or other activity that violates the rights of Carvertical or other persons.

5.1.6. to abide by these Rules and relevant legal requirements when using Carvertical.com, its Services or performing payment for the Services.

6. Services

6.1. The agreement for the provision of Services between Carvertical and the User is deemed to have been concluded from the moment of receipt of payment, in accordance with the procedure laid down in these Rules (or, if the Services are ordered by the Commercial User, from the moment of receipt of payment in accordance with the procedure laid down in these Rules or within such timeframe as provided for in a separate agreement between Carvertical and the relevant Commercial User).

6.2. Users will pay Carvertical.com for the Services, via the method chosen by the User—credit or debit cards, by bank transfer, PayPal or cryptocurrency. Services to the Private User are provided only after the Private User pays for them in accordance with these Rules and with the procedure laid down in Carvertical.com. Services to the Commercial User will be provided after the Commercial User pays for them in accordance with the procedure laid down in these Rules and/or within such timeframe as provided for in a separate agreement between Carvertical and the Commercial User, if any.

6.3. If the User pays for the Services in cryptocurrency, they will be fully responsible for ensuring that such payment complies with the legal requirements of the relevant jurisdiction. To the extent permitted by applicable law, Carvertical assumes no responsibility whatsoever for the security of such payment.

6.4. Carvertical has the right to organise promotional campaigns, during which Users may be granted discount codes for Services. Carvertical has the right to determine the conditions for the application of the specific discount code, including, but not limited to, the term of validity of the discount code, the type of Services to which it applies, and other restrictions. In order to use the discount code for Services, the User must enter the code in the relevant window where the User selects the payment method. If no code is entered in the manner described in this paragraph, the code will not apply to the Services ordered by the User.

6.5. In view of the varying economic factors of different markets, Carvertical.com reserves the right to apply different pricing for Services in each country.

6.6. For the purposes of value added tax (VAT), Services are considered to be services provided via electronic means, therefore, when determining the place of provision of Services to Private Users, Carvertical will observe the EU Council Directive 112/2006/EC of 28 November 2006 on the common system of value added tax, Council Implementing Regulation (EU) No 1042/2013 of 7 October 2013, and Article 13(2)(15) of the Republic of Lithuania Law on Value Added Tax, and will apply the VAT rate at the place of residence of the Private User. When determining the place of residence of the Private User, Carvertical applies technological, communication and other objectively available means to determine said location of the Private User. In the event of inconsistencies between the data obtained using the above means, Carvertical also relies on the data provided by the Private User. The Private User is solely responsible for the validity and reliability of such provided data. When providing Services to Commercial Users, Carvertical applies the general rules for determining the place of provision of Services for VAT purposes, as laid down in the Republic of Lithuania Law on Value Added Tax.

6.7. The User who purchases the Services may receive a VAT invoice into the User Account opened at Carvertical. Carvertical notes that the VATinvoice will be available to the User only until the 10th calendar day (inclusive) of the calendar month following that in which the Services were provided.

7. Protection of Private Users

7.1. If the Services, e.g. the purchase of Credits, are ordered by the Private User, the Private User will have the right, without reason, to cancel such agreement within 14 days by notifying Carvertical by email at info@carvertical.com, except for the cases provided for in Paragraph 7.2 of these Rules. The Private User will notify the cancellation of the Services referred to in this paragraph using the above email address in a free format, indicating the order number, date, contact details and the wish to cancel a specific order for Services. Carvertical will, without delay, but no later than 14 days from the date of receipt of the Private User’s notification of cancellation, refund all sums paid by the Private User.

7.2. If the Private User wishes to exchange Credits for the Report, prior to any such exchange the Private User will expressly confirm and agree that, in view of the fact that the Report is a digital content and will be made available to the Private User virtually immediately, the Private User will lose the right to cancel the agreement for the digital content Services within 14 days. If the Private User purchases a Credit package, i.e. more than one Credit, depending on the complexity of the Credit package (e.g. discounts on the Credit package as compared to the purchase of a single Credit), where the Private User uses at least one Credit in a package, they will lose the right to cancel the agreement for the digital content Services with respect to the entire Credits package.

8. Personal data protection

8.1. Information about the processing of personal data of Users is available in the Carvertical.com Privacy Policy. By confirming that the User has read these Rules, the User also confirms that they have familiarised themselves with the Carvertical.com Privacy Policy, specified above in this paragraph of the Rules.

9. Change or termination of Services

9.1. Carvertical has the right to unilaterally change the Services provided by Carvertical.com and their prices, and any other provisions of the Rules. If the changes have a negative impact on (e.g. restriction of) the rights of Private Users, Carvertical will only make such changes if there is sufficient basis for it, e.g., if relevant provisions of the applicable laws change or if we restructure or adjust our business model. Private Users will be given reasonable notice of changes by email to the address specified in their Accounts, no later than 5 calendar days before such change. If, after changing, amending or supplementing the Rules and notifying the Private User thereof in accordance with the procedure laid down in this paragraph of the Rules, the Private User will continue to use Carvertical.com, this will be deemed as the Private User’s consent to the Rule amendments. Carvertical confirms that the amendments will in no way adversely affect the rights of Private Users regarding the Services already executed or in the process of being executed.

9.2. Carvertical has the right to restrict or terminate User access to Carvertical.com and/or Services at any time if the User violates the requirements of these Rules and/or applicable laws. If the User, who violates the requirements of these Rules and/or applicable laws, has an Account, they will be notified of the restriction or termination of User access by email to the address specified in the Account. If Carvertical restricts or terminates User access to Carvertical.com and/or Services, said User will have no right to use Carvertical.com and/or Services in the future, e.g. by creating a new Account.

9.3. Carvertical has the right to temporarily restrict Carvertical.com activities to perform Carvertical.com technical maintenance or related technical functions by giving Private Users reasonable notice to the email address specified in the Account. In the event of an emergency, Carvertical.com reserves the right to temporarily restrict its activities without notifying Private Users, provided that, such restrictions will not adversely affect the rights of Private Users regarding the Services already executed or in the process of being executed.

9.4. Carvertical also confirms that Carvertical.com activities may temporarily be restricted due to force majeure circumstances. In this case, Carvertical will notify Private Users of the force majeure circumstances without delay, but Carvertical will not be responsible for Carvertical.com disruptions caused by force majeure.

10. Liability

10.1. The User agrees and undertakes to defend, indemnify and protect Carvertical, companies related to Carvertical, service providers and Carvertical representatives, managers, authorised officials, employees or consultants against any and all losses, damages, claims and/or expenses incurred: a) as a result of the breach of these Rules by the User, b) any breach by the User of the requirements of the laws applicable to the User, and c) User’s decisions based on the information contained in the Report.

10.2. To the extent permitted by applicable law, Carvertical shall not be liable for any loss or damage to Users, unless the loss or damage results in:

10.2.1. the User’s loss of life, injury to health or non-pecuniary damage,

10.2.2. damage to the Private User’s assets, or

10.2.3. is caused by the wilful misconduct or gross negligence of Carvertical.

10.3. Carvertical.com will only be responsible for the technical placement at Carvertical.com of the information provided in the Report (provided that the Report meets all the requirements of the Rules) and the technical support of the Carvertical.com database. To the extent permitted by applicable law, Carvertical will not be liable for any factual inaccuracies/inconsistencies of the information contained in the Report and for the content of the Report.

10.4. Carvertical.com may contain links to other Third-Party Websites. These links are provided only for the convenience of Users. Carvertical does not control such links or Third-Party Websites, nor is it responsible for the content of Third-Party Websites, including any information or material on said websites.

11. Intellectual property rights

11.1. The material on the Carvertical.com website—the code, design, Carvertical.com domain name, all copyrights, trademarks, databases, trade names, titles and other intellectual property or other property related to Carvertical.com and/or the material contained therein—is all the property of Carvertical or Carvertical uses it on legitimate grounds, except for the intellectual property objects (trademarks, logos, etc.) related to Carvertical partners or suppliers, and is protected by national and international laws and regulations for the protection of intellectual property.

11.2. The User has no right to copy, record, in any way or reproduce, present, publish, transfer, sell, modify, submit, licence, change, re-publish, edit, broadcast, rebroadcast or otherwise make available, display in public or demonstrate, adapt, distribute or use Carvertical.com material or its source code, or any part thereof, as well as any derivative works without the express permission of Carvertical.

12. Applicable law and dispute resolution

12.1. All Carvertical.com activities will be carried out in accordance with the laws of the Republic of Lithuania, which are also applicable to these Rules. Any disputes arising out of Carvertical.com activities, Services or related to them, will be settled by negotiation, and if no agreement is then reached, by a competent court in accordance with the provisions of the applicable law.

12.2. Disputes between Carvertical and Commercial Users will be settled in court in accordance with the Carvertical domicile.

12.3. The Private User who believes that Carvertical has infringed their rights or legitimate interests related to Carvertical.com Services, should submit their complaint in writing to Carvertical via info@carvertical.com and indicating the claim. If the User disagrees with the reply from Carvertical, they can contact the Lithuanian State Consumer Rights Protection Authority at www.vtat.lt or fill in the online application form on the European Consumer Dispute Resolution Platform at http://ec.europa.eu/odr/. Judicial disputes will be settled in accordance with the procedure established by the applicable law, including Article 29 of the Law of the Republic of Lithuania on the Protection of Consumers Rights.

13. Information protection measures

13.1. Carvertical notes that Users are responsible for the confidentiality of their Account login data. The User must be cautious when using and keeping login data. The User should log out of the browser when finished with their work in order to ensure that no one will access the User’s email, or personal information, and especially when the User uses a publicly available computer (e.g. at an internet café or library).

13.2. Although Carvertical strives to protect the User data processed by Carvertical, however, given that the User information is sent via an internet connection, Carvertical cannot guarantee and does not guarantee the complete security of the information transmitted by the User, including personal data.

14. Final provisions

14.1. These Rules constitute the entire agreement between the User and Carvertical and replace and repeal all previous written or oral contracts, commitments, statements and agreements between the User and Carvertical relating to the subject of these Rules. Carvertical has the right to conclude a separate written agreement with the User. The terms of these Rules apply to such an agreement unless it is expressly provided otherwise.

14.2. If any part of these Rules is declared invalid, unlawful or unenforceable to any extent, in accordance with the procedure laid down by applicable law, such recognition will be without prejudice to the remaining conditions of the Rules which remain in force and are to be implemented to the maximum extent permitted by applicable law.

14.3. Carvertical has the right at its discretion, to assign all or part of the rights and/or obligations under these Rules without the prior consent of the User, provided that this does not prejudice the guarantees provided to the Private User. The transfer of the rights and/or obligations by Carvertical, performed in accordance with the procedure laid down in this paragraph of the Rules, will exempt Carvertical from the fulfilment of all obligations under these Rules. The User has no right to transfer or assign these Rules or any or all of their rights and/or obligations under these Rules, in accordance with applicable law or otherwise, without the prior written consent of Carvertical.

14.4. If the User or Carvertical does not exercise any of the rights specified in these Rules, this will not be considered to be a waiver of such rights.