1. GENERAL CONDITIONS

1.1. In this document references to "we", "us" or "our" are to the company, firm or organisation who will carry out the Service.

1.2. References to "you" or "your" are to the individual, company or firm who has requested the Service.

1.3. Unless expressly defined elsewhere in this document, references to a "Consumer" have the same meaning as set out in the Unfair Terms in Consumer Contracts Regulations 1999.

1.4. References to "Cartakeback" are to Cartakeback.com Limited (a company registered in England and Wales with company number 04500288 whose registered office is at Bankfield House, Bankfield Mill, Regent Road, Liverpool, Merseyside L20 8RQ) who act as our agent in putting us in touch with you and providing your Donation to the Official Partner on our behalf.

1.5. References to "Official Partner" are to the charity to whom you have asked for your Donation to be made (once we have given Cartakeback confirmation that your vehicle has been accepted in accordance with these terms).

1.6. References to "Donation" are to the payment made by Cartakeback (from the proceeds received from the disposal of your vehicle) on your behalf to your chosen Official Partner. 

1.7. References to "Service" mean the service that we will provide to you following your acceptance of a Service Offering, as further described in paragraph 4 below.

1.8. References to a "Request" mean the request that you make to Cartakeback for the provision of the Service; and

1.9. References to a "Service Offering" mean the estimate or offer (as further described in paragraph 3) to provide the Service that Cartakeback will provide to you, on our behalf, in response to a Request pursuant to which (if accepted) we will provide the Service to you.

2. FORMATION

2.1. This document sets out the terms and conditions that apply to the provision of the Service.  It is our intention that the Service is provided by us and accepted by you on these terms.  You may want to print a copy for future reference.  If you are a Consumer and wish to rely on any variation to these terms then you should ensure that the variation is notified to us in writing before issuing any instructions to us to carry out the Service.

2.2. As you have chosen to make a Donation to an Official Partner in return for your vehicle, this document also sets out the terms and conditions that apply to the making of your Donation under the Charity Car scheme, which is managed by Cartakeback.  The Official Partner may also have their own terms that apply to the particular Donation that you are making.  Please note that it is a condition of entering into this CC Agreement that you accept any relevant charity specific terms (if applicable).  Please see paragraph 6.7 for further information.

2.3. Cartakeback may withdraw or vary the format of the Charity Car scheme at any time prior to your acceptance of a Service Offering.  If Cartakeback withdraws or varies the Charity Car scheme after you have made a Request but before you have accepted a Service Offering, Cartakeback shall contact you to discuss the impact of its proposed withdrawal or change to the Charity Car scheme with you.

2.4. We and Cartakeback have the right to revise and amend the terms and conditions set out in this CC Agreement from time to time to reflect things such as market conditions affecting our and Cartakeback's businesses, changes in technology, changes in relevant laws and regulatory requirements and other changes which may, in some way, affect these terms and conditions.  You will be subject to the terms and conditions in force at the time that you accept a Service Offering (unless any subsequent change to these terms and conditions is required to be made by law or any governmental authority in which case such new terms will apply to the Service Offering which you have accepted).  If, after you have accepted a Service Offering but before the Service is carried out, there is a change to these terms and conditions, we or Cartakeback will notify you of such change (in which case we and Cartakeback have a right to assume that you have accepted the relevant changes to the terms and conditions unless you have notified us to the contrary in writing before the Service is carried out).

3. SERVICE OFFERING

3.1.  If you want us to provide the Service, then you will submit a Request for the Service to Cartakeback and, if your vehicle appears (initially) to be eligible for the Service then Cartakeback may provide a Service Offering to you in return.  We will then get in touch with you in order to finalise some details.

3.2. When you make a Request you will be asked to provide Cartakeback with the following details:

3.2.1. your name, address and other contact details (to include a valid email address to which Cartakeback can deliver confirmation that your Donation has been made to your chosen Official Partner);

3.2.2. details of your vehicle (on which Cartakeback and/or we may undertake checks), its condition and, if you require us to collect your vehicle, its location; and

3.2.3. confirmation of which Official Partner you wish your Donation to be sent to. 

3.3. By making a Request you consent to the collection, use and transfer of the information that you provide to Cartakeback in accordance with these terms and conditions.

3.4. Cartakeback will decide, at its sole discretion, how your vehicle will be disposed of.  There are a number of factors that Cartakeback will take account of when making its decision including (but not limited to):

3.4.1. whether your vehicle is in a condition which could mean that the vehicle could be resold and returned to the road;

3.4.2. the value that the vehicle would attract as scrap; and

3.4.3. any information that we provide to Cartakeback (in relation to the condition of your vehicle) following on from our inspection of your vehicle (when you drop off your vehicle or when it is collected by us).
In each case, Cartakeback will also have regard to the costs incurred by us and Cartakeback of providing the Service.  Taking the above into account, Cartakeback will consider whether scrapping your vehicle or returning it to the road would be likely to provide the best Donation for your chosen Official Partner (however please note that neither we, nor Cartakeback, have any control over (nor shall we or Cartakeback be liable for) the level of proceeds which may be obtained for your vehicle or guarantee that reselling the vehicle will attract a higher value than scrapping the vehicle).

3.5. As stated in paragraph 3.4 above, the decision as to the most appropriate method of disposal is at Cartakeback's sole discretion.  If, however, you wish for your vehicle to be destroyed and not returned to the road (notwithstanding that the vehicle may recoup a higher Donation amount upon resale) please let Cartakeback know at the time that you make your Request.  It is important that you tell Cartakeback of this at the time of making a Request, as neither we nor Cartakeback can guarantee that your vehicle will not be returned to the road if you change your mind.

3.6. The resale service may not be available at all of Cartakeback's recycling centres.  Therefore if you would like your vehicle to be considered for resale, please let Cartakeback know when you make your Request (as the resale service can only be offered where you ask for your vehicle to be collected and at a limited number of drive-in recycling centres).

3.7. Cartakeback is able to arrange for your vehicle to be collected from a specified location within the UK (excluding the following postal districts: EX37, TQ8, HS1, HS2, HS3, HS4, HS5, HS6, HS7, HS8, HS9, IV21, IV22, IV27, IV40, IV41, IV51, IV52, IV53, IV54, IV55, IV56, KA27, KA28, KW15, KW16, KW17, LD2, LD4, LD5, LD6, LD8, LL10, LL33, LL35, LL36, LL37, LL38, LL39, LL42, LL43, LL44, LL45, LL46, LL47, LL49, LL50, LL51, LL52, LL53, LL54, LL55, LL56, LL57, LL58, LL59, LL60, LL61, LL62, LL63, LL64, LL65, LL66, LL67, LL68, LL69, LL70, LL71, LL72, LL73, LL74, LL75, LL76, LL77, LL78, PA20, PA21, PA22, PA23, PA24, PA25, PA26, PA27, PA28, PA29, PA30, PA31, PA32, PA33, PA34, PA35, PA36, PA37, PA38, PA41, PA42, PA43, PA44, PA45, PA46, PA47, PA48, PA49, PA60, PA61, PA62, PA63, PA64, PA65, PA66, PA67, PA68, PA69, PA70, PA71, PA72, PA73, PA74, PA75, PA76, PA77, PA78, PH36, PH38, PH42, PH43, PH44, PH49, PO30, PO31, PO32, PO33, PO34, PO35, PO36, PO37, PO38, PO39, PO40, PO41, SA72, ST55, SY24, SY25, TR21, TR22, TR23, TR24, TR25, ZE1, ZE2, ZE3 - as may be updated from time to time.  Please check the Charity Car website or telephone Cartakeback for the most up to date list of excluded postal districts) and delivered to a Cartakeback recycling centre.  You will have discussed this option with Cartakeback at the time that you accepted a Service Offering. 

3.8. When Cartakeback makes a Service Offering to you, it is based on the following assumptions in relation to your vehicle.  The Service Offering is based on your vehicle being:

3.8.1. a Car (category M1) or light Van (category N1) (as per European Commission Directive 2001/116/EC) having a gross vehicle weight no greater than 3500kg and no more than 9 seats; 

3.8.2. "Complete" in that it contains all of the components that a person would reasonably be expected to be included within it such as the engine, gearbox, bodywork, battery and catalytic converter;

3.8.3. free from "Significant Damage" such as damage sustained in a collision or as a result of an act of theft or vandalism;

3.8.4. free from any "Additional Waste" such as litter, refuse or rubbish; and

3.8.5. if your vehicle is to be collected by us, "Accessible ", such that it is parked on solid ground with sufficient access for a standard recovery vehicle and with fully inflated tyres.

3.9.  Where you have told Cartakeback that the conditions in paragraph 3.8 are not met, your vehicle may not be eligible for the Service.  If your vehicle is not eligible for the Service, we will contact you to tell you.  Please note that this is subject always to our rights set out in paragraph 4.4 below.

3.10. You shall be liable for the disposal costs of any Additional Waste (as defined in paragraph 3.8.4).

3.11. Where we or Cartakeback agree that any terms contained in the Service Offering may be varied prior to your acceptance of the Service Offering, then such variations will be confirmed to you along with all other relevant details, prior to us entering into the CC Agreement with you.

3.12. Service Offerings are valid for 14 days from the date on which the Service Offering is provided by Cartakeback to you.  In the event that you do not accept the Service Offering within this period, it will expire.  If you still wish for us to provide the Services, you will need to make a new Request.

4. SERVICE

4.1. Subject to paragraphs 3.5 and 3.6 above, the Service that we will provide to you includes either of the following as standard:

4.1.1.  treatment of your vehicle at a Cartakeback recycling centre which has been licensed as an authorised treatment facility in accordance with the UK end of life vehicle regulations, the issue of a DVLA Certificate of Destruction, the recycling of your vehicle and the permanent removal of your vehicle from the road; or

4.1.2. (where such Service is available to you (depending on the condition of your vehicle and its location)) the resale of your vehicle to a third party which may result in the return of your vehicle to the road. 

4.2. We will communicate which method of disposal will apply to your vehicle verbally when we come to collect your vehicle from you or when you drop your vehicle off for us to provide the Service (subject always to paragraph 3.5).

4.3. Prior to carrying out the Service, we must have been given a reasonable opportunity to examine the vehicle and confirm that its condition and location are as stated by you when the CC Agreement was formed.

4.4.  If, at any point, the cost to us of carrying out the Service increases due to us becoming aware that the vehicle is not Complete, has Significant Damage, contains Additional Waste, or, where the vehicle is to be collected, it is not Accessible (each as referred to in paragraph 3.8 above), then:

4.4.1.  we may cancel the CC Agreement between us with immediate effect and you shall be liable to us and Cartakeback for the loss of profit and such other reasonable and foreseeable loss as we and Cartakeback may suffer as a result of such cancellation (such as, without limit, travel and time costs incurred by us prior to cancellation) and such damages shall be paid by you upon such cancellation.  We shall use our reasonable endeavours to reduce any such damages by an amount to reflect any replacement contract which we are able to carry out as a result of cancellation; or

4.4.2. we may provide you with a Service Offering for an alternative service, which you will have a reasonable opportunity to accept.

4.5. The information that you provide to Cartakeback will enable Cartakeback to put us in touch with you, allow us to provide the Service to you and also allow Cartakeback and the Official Partners (where requested) to provide you with confirmation that your Donation has been made.  You acknowledge and agree that we and Cartakeback may make available or disclose to third parties information about you in connection with any of these purposes.  We and Cartakeback will retain the personal information provided by you for as long as is reasonably necessary for the purposes of providing the Service and the Donation to the Official Partner that you have selected.

4.6. The information that you provide to Cartakeback will be held on Cartakeback's and our computers in the UK and may be accessed by or given to Cartakeback's or our staff, to any member of Cartakeback's or our group of companies and/or third parties for the purposes set out in these terms and conditions or for other purposes approved by you. 

4.7. Once you have accepted the Service Offering we may contact you to ask you to verify or provide additional information.

5. CANCELLATION

5.1.   If you are a consumer, under the Consumer Protection (Distance Selling) Regulations 2000 ("Regulations") consumers are given the right to cancel orders for services during the period of seven working days after the day on which the consumer enters into an agreement for the provision of services with a supplier or, if later, the day on which a consumer receives notice of its right to cancel ("Cooling Off Period").  The Regulations contain several exceptions to the Cooling Off Period.  These exemptions are relevant when, as part of your Request, you ask us to start providing the Service before the Cooling Off Period ends (eg where you have asked us to make arrangements to collect your vehicle or where you drop your vehicle off at our facility and agree we can provide the Service).  Accordingly you acknowledge and agree that when you enter into this CC Agreement and we come to collect your vehicle from you, or you drop your vehicle off for us to provide the Service, your rights to cancel under the Regulations end at that point in time.

5.2.  Subject to the above, once you have accepted the Service Offering, you may not cancel the CC Agreement without our consent, which if given will be deemed to be on the basis that you shall be liable to us for the loss of profit and such other reasonable and foreseeable loss as we may suffer as a result of such cancellation (such as, without limit, travel and time costs incurred by us prior to cancellation) and such damages shall be paid by you upon such cancellation.  We shall use our reasonable endeavours to reduce any such damages by an amount to reflect any replacement contract which we are able to carry out as a result of cancellation.

6. DONATION

6.1.  In return for us providing the Service to you, at the time at which you make your Request, you agree to:

6.1.1. select an Official Partner to which your Donation will be made; and

6.1.2. donate the proceeds received in respect of your vehicle to your chosen Official Partner.

6.2. The Donation made to your chosen Official Partner is the only "payment" that is made for handing your vehicle over to us.

6.3. Subject to paragraph 6.2 above, by entering into this CC Agreement:

6.3.1. you agree to hand over your vehicle to us free of charge (by which we mean without payment of money or, without limit, any other consideration) and for the avoidance of doubt, there will be no monetary payment, credit or otherwise made to you in addition to or in place of the Donation, by us or Cartakeback; and

6.3.2. you acknowledge and agree that once a Donation has been made to an Official Partner, such Donation cannot be cancelled.

6.4. As noted in paragraph 4.2 above, in determining the amount of the Donation to be made, on your behalf, to your chosen Official Partner:

6.4.1. we will take into account the value of any reusable parts and recyclable materials of your vehicle (together with the costs incurred by us and Cartakeback of providing the Service); or

6.4.2. where your vehicle is to be resold, your Donation will be of an amount equal to the proceeds of sale of your vehicle less the cost of providing the Service incurred by us and Cartakeback.  You acknowledge and agree that neither we, nor Cartakeback, have any control over (nor shall we or Cartakeback be liable for) the level of proceeds which may be obtained for your vehicle.

6.5. Cartakeback will make the Donation on your behalf to your chosen Official Partner within a reasonable period of your vehicle being accepted (Cartakeback will aim, however, to make your Donation within 40 days of your vehicle being accepted by us (where your vehicle is scrapped) or within 60 days of the date on which your vehicle is sold (where your vehicle is disposed of by resale)).  Your vehicle will be "accepted" when it is received by us at our premises and we confirm that it is eligible for the Service (the conditions for eligibility are set out in paragraph 3.8).

6.6.  Once your Donation has been made (in accordance with paragraph 6.5 above), confirmation that your Donation has been made to your chosen Official Partner will be delivered to you from Cartakeback by email, where you have provided your e-mail address (if not then by post), so please ensure that you check your emails (and spam filters) carefully.  Please notify us of any change in your email address.  Neither we, nor Cartakeback, will be held responsible for the loss of or your failure to receive a confirmation email as a result of out of date or incorrect details.

6.7.  In entering into this CC Agreement and selecting an Official Partner to make a Donation to, you acknowledge and agree that your chosen Official Partner may have their own terms which apply to your Donation.  In the absence of such terms you agree that your Donation will be made subject to any applicable legal rules.  You confirm that the Official Partner's terms (if any) were made available to you (on http://www.charitycar.co.uk) prior to you submitting your Request and you agree (if necessary) to make your Donation in accordance with those terms or in accordance with applicable legal rules.  Neither we nor Cartakeback are party to any of these terms - they are terms that will apply to your relationship with the relevant Official Partner.  You acknowledge and agree that neither we nor Cartakeback are affiliated with the Official Partners, nor do we, or Cartakeback have any involvement in the application of the funds of your Donation.  More information about our Official Partners and the way in which your Donation will be used can be found on www.charitycar.co.uk. 

6.8. Cartakeback will endeavour to ensure that the information it displays on the website www.charitycar.co.uk is correct but shall not be liable in the event that it is not, as this information is displayed by Cartakeback for and on behalf of its Official Partners.

7. YOUR OBLIGATIONS

7.1. In entering into this CC Agreement you agree, with us and Cartakeback, that the following is correct (and you acknowledge that we and Cartakeback are relying on the information that you provide to us):

7.1.1. the statements and representations made by you are correct and accurate;

7.1.2. you have the legal right to dispose of the vehicle; and

7.1.3. the vehicle is free of all charges such as a hire purchase or loan agreement.

7.2.  You warrant to both us and Cartakeback that the mileage reading on your vehicle is, to the best of your knowledge and belief, true and accurate and that the odometer has not, to the best of your knowledge and belief, been tampered with.

7.3. If any of the statements in paragraph 7.1 or the warranty in paragraph 7.2 are deemed to be untrue, then we are under no obligation to continue with the Service and we and Cartakeback reserve the right to recover from you our and Cartakeback's reasonable and foreseeable losses which may arise due to any of the statements in paragraph 7.1 or the warranty in paragraph 7.2 being untrue.

7.4. You agree to inform us and Cartakeback at the earliest opportunity if you have prior knowledge, or it subsequently comes to your knowledge, that:

7.4.1. the vehicle has been an insurance write-off or involved in any other serious accident that required substantial remedial repairs;

7.4.2. there are physical defects with the vehicle that a prudent purchaser of the vehicle would want to be informed about; and/or

7.4.3. there are "title defects" with the vehicle (including, without limit, defects in the ownership history of the vehicle) that a prudent purchaser of the vehicle would want to be informed about.

7.5. In the interest of obtaining the maximum Donation, you agree to provide us with all and any documentation you have relating to your vehicle, including but not limited to, the vehicle's service history, V5C Registration Document (Log Book), MOT test certificate, radio code, instructions on any alarm system, spare keys and manuals.

7.6.  In the event that we notify you that your vehicle is to be resold to a third party (which may result in the return of your vehicle to the road), you shall complete (at the point at which we come to collect your vehicle from you or when you drop your vehicle off for us to provide the Service) the "Notification of Sale/Transfer to a Motor Trader" section of your V5C Registration Document (Log Book) and shall send the same to the DVLA promptly.  You will also hand over the remainder of the V5C to us and make any other returns (legal or otherwise) to third parties as may be required (including but not limited to any notification to be made to your insurers) in order to inform any relevant third parties that your vehicle has been handed over to us for resale.

8. SERVICE STANDARD

8.1. We will do all that we reasonably can to carry out the Service within a reasonable timescale however we cannot be held responsible for delays due to extreme weather, strikes, lock outs, industrial disputes, acts of god or other circumstances beyond our reasonable control.  If we do not carry out the Service within a reasonable timescale (due to a cause attributable to ourselves) then you will be able to cancel the CC Agreement without penalty and in such circumstances no Donation will be made.

8.2. We warrant that the Service shall be carried out with reasonable care and skill.

8.3. If we are in breach of the above warranty (set out in paragraph 8.2) then we will arrange with you a time for us to re-perform the Service.

8.4. Nothing in this CC Agreement shall affect your statutory rights.  If you have any doubts as to your statutory rights then you should contact your local Trading Standards Department or Citizens Advice Bureau.

9. EXCLUSION OF LIABILITY

9.1. Arrangements for the application of your Donation by your chosen Official Partner are made directly by the relevant Official Partner and neither we nor Cartakeback have any responsibility for the use by the Official Partner of your Donation.  All Donations are subject to all applicable legal rules and the relevant charity specific terms (if applicable).  If you have any problems or queries in relation to the Donation, please contact the relevant Official Partner directly.

9.2. We will only be liable for losses that are foreseeable and caused by our own negligence.  Please note that if you are not a Consumer then this paragraph 9.2 will be subject to paragraphs 9.4 and 9.5 in the Non Consumer Terms section below.

9.3. Nothing in these conditions shall exclude or limit our or Cartakeback's liability for death or personal injury caused by our or Cartakeback's negligence nor affect your statutory rights.

10. YOUR LIABILITY

10.1. You shall be liable for all loss, damage or injury (whether direct, indirect or consequential) that we (or our employees, agents or representatives) or Cartakeback (or Cartakeback's employees, agents or representatives) suffer as a result of your negligent failure or delay in the performance of your obligations under the CC Agreement.

10.2. If, as a result of your negligence, we incur any loss or expense as a result of any damage to any of our equipment, then we will seek to recover such losses and expenses from you.

11.  GENERAL

11.1. Any waiver by us in exercising our rights will not restrict us from exercising any of our rights at a subsequent date.

11.2. If you are a resident in the UK then the relevant UK law will apply to the CC Agreement and the relevant UK Courts will have exclusive jurisdiction in relation to the CC Agreement.  If you are not resident in the UK then you agree that English law will apply and the English courts will have exclusive jurisdiction.

11.3. If any of the terms contained within this CC Agreement are deemed invalid, void or unenforceable for any reason, they will be severed from the rest of the terms and conditions which shall remain unaffected. 

11.4. Except as provided in paragraph 11.5, a person who is not party to this CC Agreement shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this CC Agreement.  This paragraph 11.4 shall not affect any right or remedy of any person which exists, or is available, other than under that Act.

11.5. Cartakeback and any of our or Cartakeback's affiliates, directors, employees or representatives may enforce any term of this CC Agreement which is expressly or implicitly intended to benefit it.

11.6. If you have any questions regarding the Charity Car scheme, please contact Cartakeback.

NON CONSUMER TERMS

If you are not a Consumer then the following conditions shall apply in addition to those conditions set out above (provided that if there is any conflict between any condition set out above and any set out below then the latter shall prevail).  Where a clause in this Non Consumer Terms section has the same clause number as a clause which appears in the remainder of the terms above then the clause appearing in the remainder of the terms above shall be deemed to be deleted and replaced by the corresponding clause set out below:

2.1 The CC Agreement sets out the entire agreement between you and us (and Cartakeback) and supersedes all earlier agreements, representations and arrangements with respect to the subject matter hereof and each party warrants to the other that it has not relied on any representation other than as expressly set out in the CC Agreement.

2.4 Nothing in the CC Agreement shall operate to limit or exclude any liability for fraud.  No variation to the CC Agreement shall be effective unless in writing signed by authorised representatives of you and us.

4.4 If you fail to comply with your obligations under paragraph 3 or paragraph 4  then we will be entitled to suspend provision of the Services until we are satisfied that you have complied with your obligations and you shall be responsible for all losses (including without limit loss of profits), damage and expenses (direct, indirect and consequential) arising out of such failure.

4.8 Payment of any charges owed to us by you shall be made in full without any deduction, legal or equitable set off or abatement on any grounds.  Time of payment from you to us shall be of the essence.

4.9 We may appropriate any amount paid by you to any outstanding invoice.

4.10 Dates and times specified for the Service are estimates only and shall not be of the essence of this CC Agreement.

9.4 We will not be liable to you in contract, tort (including negligence or breach of statutory duty) or otherwise howsoever and whatever the cause thereof:

9.4.1 for any economic loss of any kind whatsoever, including without limit loss of profit, business contracts, revenues or anticipated savings;

9.4.2 for damage to your reputation or goodwill;

9.4.3 for any loss resulting from any claim made by any third party; or

9.4.4 for any special, indirect or consequential loss or damage of any nature whatsoever.

9.5 Without prejudice to paragraph 9.4 our liability in contract, tort, (including negligence or breach of statutory duty) or otherwise arising by reason of or in connection with this CC Agreement shall be limited to the greater of the value of the Donation or the amount received by us for the claim under our insurance policy covering such risks provided that nothing in this paragraph will oblige us to obtain any insurance or claim upon any insurance which we hold.  You acknowledge that delay in notifying any claim may prevent us recovering any money under such policy.

9.6 Paragraph 9.5 sets out our entire liability in respect of the Service.  Except as expressly stated in this CC Agreement all other conditions, warranties, or other undertakings concerned in respect of the Service conditions are excluded from the contract so far as is permitted by law.

10.3 You shall be liable for and shall on demand release, indemnify and hold harmless and keep indemnified both us and/or Cartakeback (as the case may be) from and against all actions, claims (including without limitation claims made by third parties), proceedings, damages, liabilities, losses, demands, costs and expenses (including all reasonable legal costs and expenses) suffered, paid or incurred directly or indirectly by us and/or Cartakeback, as a result or in connection with your failure to comply with any of the provisions contained in this CC Agreement.

11.7 You shall not assign or sub-contract any of your or obligations under the CC Agreement.