Charity Car Terms and Conditions

About us

CharityCar.co.uk is a website operated by CarTakeBack.com Limited (“we”, “us” or “our”). We are registered in England and Wales under company number 04500288 and have our registered office at Bankfield House, Bankfield Mill, Regent Road, Liverpool L20 8RQ.

The Charity Car Scheme is a car donation scheme managed by us. We will pass on the proceeds received from the disposal of your car (“Donation”) to the charity you have chosen to be the recipient of your Donation.

The charity you select to receive your Donation may already be registered with Charity Car to receive Donations (an “Official Partner”). Alternatively, you may prefer to specify a different UK based charity, in which case you will need to provide their name and registered charity number. In the event that the charity you have chosen to be the recipient of your Donation is not an Official Partner, we will endeavour to pass on the Donation to your specified charity but cannot guarantee that this will be possible. If we are unable to pass on your Donation within a reasonable time period, you agree for your Donation to be passed on to the Charity Car partner of the month advertised on the Charity Car website at that particular time.

We operate a nationwide network of car buying businesses (“Service Providers”). All of those which handle scrap cars are licensed by the Environment Agencies as Authorised Treatment Facilities. We act as the agent of the Service Providers who handle the resale and recycling of cars (“Service”).

About these terms

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE

These terms and conditions (“Charity Car Terms”) (together with the documents referred to within) tell you the terms on which you may make use of our website CharityCar.co.uk (“our site”) in order to make the Donation under the Charity Car Scheme. You can use our site to submit details about your car and its location to us (“Request”).

If your car is eligible under the Charity Car Scheme, we will contact you to confirm that your car has been provisionally accepted and that we will endeavour to pass on the Donation to the charity (“Offer”).

The Offer is conditional upon the car having all of its major parts, no major damage and is accessible (“Assumptions”). We have the right to waive any of the Assumptions in our absolute discretion. Please note that the Assumptions are explained in further detail below.

Use of our site includes accessing, browsing, or registering to use it.

By using our site, you confirm that you accept and agree to comply with these Charity Car Terms.

If you do not agree to these Charity Car Terms, you must not use our site.

Changes to these terms

We may revise these terms at any time by amending this page.

Please check this page from time to time to take notice of any changes we make, as they are binding on you. These terms were last updated on 15/06/2017.

Changes to our site

We may update our site from time to time, and may change the content at any time. However, please note that any of the content on our site may be out of date at any given time, and we are under no obligation to update it.

We do not guarantee that our site, or any content on it, will be free from errors or omissions.

Other applicable terms

These terms refer to the following additional terms, which also apply to your use of our site:

  • Our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us, including its transfer to third parties. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.

  • Our Cookie Policy, which sets out information about the cookies on our site.

  • By accepting the Offer, you will enter into a service agreement with the Service Provider concerning the surrender of your car (“Service Agreement”), whose details we will provide to you in the Offer.
  • Once you have entered into the Service Agreement with the Service Provider and the Services have been completed, we shall pass on the Donation received from the Service Provider, less a fixed fee to cover auction costs where appropriate, to the charity.

Accessing our site

Our site is made available free of charge.

We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. Access to our site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site without notice. We will not be liable to you if for any reason our site is unavailable at any time or for any period.

You are responsible for making all arrangements necessary for you to have access to our site.

You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms and other applicable terms and conditions, and that they comply with them.

Our site is directed to people residing in the United Kingdom. We do not represent that content available on or through our site is appropriate or available in other locations. We may limit the availability of our site or any service or product described on our site to any person or geographic area at any time. If you choose to access our site from outside the United Kingdom, you do so at your own risk.

As a consumer or a business, you are permitted to use the publicly available areas of our site, free of charge, to submit details of cars which you intend to donate through our site. Regular business users may wish to contact us to discuss the benefits of an account.

Use of our site for any other commercial reasons (for example: any use involving automated software or other 'screen scraping' software, process, program or system) is strictly prohibited without our express prior written consent. We continuously monitor the use of our site. We use technology to inform us of any improper, commercial use and may charge you a fee of £2.50 plus VAT for each related submission.

Your account and password

If you choose, or you are provided with, a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

We have the right to disable any username or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

If you know or suspect that anyone other than you knows your username or password, you must promptly notify us at info@cartakeback.com.

Submitting your details

When you submit details about your car and its location, we will use the information you provide to us along with the Assumptions detailed below to confirm if your car is eligible under the Charity Car Scheme and to make the Offer. It is your responsibility to tell us if any of the Assumptions we make do not apply to your car.

If your car is not eligible, we reserve the right to refuse your submission and we will contact you to confirm that your car has not been accepted under the Charity Car Scheme.

The Offer made by us under this agreement is conditional upon the following Assumptions (if we later find out this is not the case, we will contact you to let you know whether or not your car is still eligible under the Charity Car Scheme):

Assumptions about the type of your car

Although cars of different types may be eligible under the Charity Car Scheme, we will make the following Assumptions about the type of your car, unless you tell us otherwise:

  • It is a car or van, as categorised by European Commission Directive 2001/116/EC as category M1 (a car) or category N1 (a light van), having a gross vehicle weight no greater than 3,500kg and no more than 9 seats.

  • It is powered solely by a single petrol or diesel internal combustion engine.

Assumptions about the condition of your car

Although cars in poorer conditions may be eligible under the Charity Car Scheme, we will make the following Assumptions about the condition of your car, unless you tell us otherwise:

  • It has all of its Major Parts. “Major Parts” are the essential components of a car, such as the engine, electronic control unit, gearbox, wheels, bodywork, battery and catalytic converter (if originally fitted).None of these parts has to be working, unless you have told us your car starts and drives.

  • It has no Major Damage. “Major Damage” means badly dented or cracked bodywork, smashed glass and lights and bent or broken mechanical parts, such as that sustained in a collision, act of theft or vandalism. Reasonable wear and tear such as rust, small dents and scratches are not major damage.

  • It is free from any Additional Waste. “Additional Waste” means items which have been discarded within your car such as litter, refuse or rubbish. You shall be liable for the disposal costs of any Additional Waste.

Assumptions about the accessibility of your car

Although it may be possible to have your car collected if it is not Accessible, when we provide you with the Offer we will assume that your car is Accessible, unless you tell us otherwise.

"Accessible” means that your car is parked on solid ground with inflated tyres, so that it can be safely winched onto a recovery vehicle. It is important for you to tell us if your car is not Accessible, for example if your car is blocked in, the steering is locked or the tyres are flat, as this could affect the collection of your car and accordingly the validity of the Offer.

When you submit your car details you will have the opportunity to use our registration lookup service to return certain details about your car, which may include the make, model, derivative, year and fuel type. If your car details cannot be returned or are incorrect, you will have the opportunity to manually enter details about your car. It is your responsibility to ensure that the details about your car are accurate. Alternatively, we may need you to tell us more about your car such as the mileage and condition.

If we have all of the information we need, we will confirm if your car is provisionally eligible under the Charity Car Scheme by making you the Offer. The Offer given to you shall be deemed to be withdrawn unless accepted by you within 7 days of the date of the Offer.

The Offer will include details of the Service Provider to which you may deliver your car and the option, depending on your location, for your car to be collected free of charge.

In the event of any conflict between our Assumptions and the answers you provide to our questions, your answers to our questions will prevail over our Assumptions.

Your car must be free of all finance charges, such as a hire purchase or loan agreement, if it is to be eligible and accepted under the Charity Car Scheme.

Donation

At the time at which you make your Request, you agree to:

  • provide your name, address and other contact details (to include a valid email address) so that we may confirm that your Donation has been made to your chosen charity and the charity may contact you to thank you and confirm receipt of your Donation;

  • provide details of your car (on which we may undertake checks), its condition and its location;

  • select a charity to which we will pass your Donation once received from the Service Provider.

By entering into these Charity Car Terms:

  • you acknowledge and agree that once your Donation has been made to the charity, the Donation cannot be cancelled; and

  • you consent to the collection, use and transfer of the information that you provide to us in accordance with these terms and conditions.

For each car donated by you under these Charity Car Terms, CarTakeBack.com Limited shall donate to the charity:

  • 100% of the current value of the car (as if you had sold your car for the instant quotation provided on our commercial website, CarTakeBack.com); or

  • if your car is sold at auction, the final hammer price less a fixed fee to cover auction costs.

The decision as to whether your car is to be recycled or kept on the road is at the sole discretion of the Service Provider. There are a number of factors that will be taken into account, including (but not limited to):

  • the value that your car would attract as scrap;

  • any information that you provide to us and the Service Provider (in relation to the condition of your car); and

  • the condition of the car on inspection by the Service Provider.

You acknowledge and agree that we have no control over (nor shall we be liable for) the level of proceeds which may be obtained for your car.

If you wish for your car to be destroyed and not returned to the road (notwithstanding that the car may recoup a higher Donation amount upon resale) please let us know at the time that you make your Request.

If you would like your car to be considered for resale, please let us know when you make your Request as the resale service can only be offered by a limited number of Service Providers.

We will make the Donation on your behalf to your chosen charity as soon as reasonably practicable after receiving it and, in any event, where they are an Official Partner, no later than the expiration of any period agreed.

Once your Donation has been made to your chosen charity, we will send you a notification by email, where you have provided your email address (if not then by post), to confirm the amount of the Donation made on your behalf under the Charity Car Scheme. The charity may also contact you to thank you and confirm receipt of your Donation.

Please ensure that you check your emails (and spam filters) carefully and notify us of any change in your email or postal address. We will not be held responsible for the loss of or your failure to receive a notification from us as a result of out of date or incorrect contact details.

By entering into these Charity Car Terms and selecting an Official Partner to make your Donation to, you acknowledge and agree that your chosen Official Partner may have their own terms which apply to the Donation and your relationship with the Official Partner. We (and the Service Provider) are not party to these terms.

You acknowledge and agree that we (and the Service Provider) do not have any involvement in the application of the funds of your Donation. More information about the Official Partners and the way in which your Donation will be used can be found on our site, CharityCar.co.uk. In the absence of such terms you agree that your Donation will be made subject to any applicable legal rules.

By entering into these Charity Car Terms you agree that the following is correct (and you acknowledge that we are relying on the information that you provide to us):

  • the statements and representations made by you are correct and accurate;

  • you have the legal right to dispose of the car;

  • the car is free of all charges such as a hire purchase or loan agreement; and

  • you have been given a reasonable opportunity to remove any personal possessions from the car.

You warrant to us that the mileage reading on your car 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.

If any of the above statements are untrue, then you shall pay our reasonable and foreseeable losses which may arise due to any of the statements being untrue.

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

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

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

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

Limitation of our liability

We will comply with all applicable laws and regulations relating to fundraising and charitable contributions.

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.

Nothing in these Charity Car Terms excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied.

We will not be liable to any user of our site for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

  • use of, or inability to use, our site; or

  • use of or reliance on any content displayed on our site.

If you are a business user, please note that in particular, we will not be liable for:

  • loss of profits, sales, business, or revenue;

  • business interruption;

  • loss of anticipated savings;

  • loss of business opportunity, goodwill or reputation; or

  • any indirect or consequential loss or damage.

If you are a consumer user, you agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.

We assume no responsibility for the content of websites linked on our site. The presence of such links should not be interpreted as endorsement by us of those linked websites, and we will not be liable for any loss or damage that may arise from your use of them.

We will not be liable for any loss or damage caused directly or indirectly from the actions or inactions of the Service Provider.

If you have a dispute with the Service Provider, you agree that CarTakeBack.com Limited (including its group companies, officers, directors, agents and employees) shall not be responsible for, or in any way connected with, such dispute.

Your liability

You shall be liable for all loss, damage or injury (whether direct, indirect or consequential) that we (or our employees, agents or representatives) suffer as a result of any breach by you of these Charity Car Terms.

You may use our site only for lawful purposes. You may not use our site:

  • In any way that breaches any applicable local, national or international law or regulation.
  • In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
  • To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards set out below.
  • To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
  • To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

You also agree:

  • Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of these Charity Car Terms.
  • Not to access without authority, interfere with, damage or disrupt:
    • any part of our site;
    • any equipment or network on which our site is stored;
    • any software used in the provision of our site; or
    • any equipment or network or software owned or used by any third party.

Uploading content to our site

Whenever you make use of a feature that allows you to upload content to our site, or to make contact with other users of our site, you must comply with the content standards set out below.

Content standards

These content standards apply to any and all material which you contribute to our site (“Contributions”), and to any interactive services associated with it.

You must comply with the spirit and the letter of the following standards. The standards apply to each part of any Contribution as well as to its whole.

Contributions must:

  • Be accurate (where they state facts).

  • Be genuinely held (where they state opinions).

  • Comply with applicable law in the UK and in any country from which they are posted.

Contributions must not:

  • Contain any material which is defamatory of any person.

  • Contain any material which is obscene, offensive, hateful or inflammatory.

  • Promote sexually explicit material.

  • Promote violence.

  • Promote discrimination based on race, sex, gender, religion, nationality, disability, sexual orientation or age.

  • Infringe any copyright, database right or trade mark of any other person.

  • Be likely to deceive any person.

  • Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.

  • Promote any illegal activity.

  • Be threatening, abusive or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.

  • Be likely to harass, upset, embarrass, alarm or annoy any other person.

  • Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.

  • Give the impression that they emanate from us, if this is not the case.

  • Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

You warrant that any such Contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. If you are a consumer user, this means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

Any content you upload to our site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us a limited licence to use, store and copy that content and to distribute and make it available to third parties.

The information that you provide to us will enable the Service to be provided to you and also allow us and the charity to thank you and provide you with confirmation that your Donation has been made. You acknowledge and agree that we may make available or disclose to third parties information about you in connection with any of these purposes. We will retain the personal information provided by you for as long as is reasonably necessary for the purposes of these Charity Car Terms and to transfer the Donation to the charity.

The information that you provide to us will be held on our computers in the UK and may be accessed by or given to our staff, to any member of 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.

You agree that we may contact you to ask you to verify or provide additional information.

We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.

We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our site.

We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with these content standards.

The views expressed by other users on our site do not represent our views or values.

You are solely responsible for securing and backing up your content.

Suspension and termination

We will determine, in our discretion, whether there has been a breach of these Charity Car Terms through your use of our site.

Failure to comply with these Charity Car Terms constitutes a material breach and may result in our taking all or any of the following actions:

  • Immediate, temporary or permanent withdrawal of your right to use our site.

  • Immediate, temporary or permanent removal of any posting or material uploaded by you to our site.
  • Issue of a warning to you.

  • Legal proceedings being brought against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.

  • Further legal action being brought against you.

  • Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

Viruses

Although our site uses a comprehensive set of tools to protect it from malicious use, we do not guarantee that our site will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software.

You must not misuse our site by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

Intellectual property rights

We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others to content posted on our site.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.

You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

No reliance on information

Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date.

Linking to our site

You may link to pages on our site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

We reserve the right to withdraw linking permission without notice.

If you wish to make any use of content on our site other than that set out above, please contact info@cartakeback.com.

Third party links and resources in our site

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. It is your responsibility to decide whether any service and/or products available through any of these websites are suitable for your purposes.

We have no control over the contents of those sites or resources.

You may have linked to this website from an external website. We are not responsible for the owners or operators of any of these websites nor for any goods or services they supply nor for the content of their websites.

We accept no responsibility for the content of these external websites and we do not give or enter into any conditions, warranties or other terms or representations (express or implied) in relation to any of these external websites and specifically excludes, to the fullest extent permitted by law, all liability that may arise whether direct, indirect or consequential with respect to or as a result of such material causing damage, costs, injury or financial loss of any kind.

Whilst this website may from time to time contain advertising material, we do not endorse or accept any liability for any of the products or services so advertised, or for any error or inaccuracy in the advertisements. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the website complies with all relevant laws.

Applicable law

If any of the terms contained within these Charity Car Terms are deemed invalid, void or unenforceable for any reason, they will be severed from the rest of the terms which shall remain unaffected.

If we fail to insist that you perform any of your obligations under these Charity Car Terms, 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.

If you are a consumer, please note that these terms of use, their subject matter and formation, are governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.

If you are a business, these terms of use, their subject matter and formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

Contact us

If you have any questions regarding these Charity Car Terms (or the other applicable terms referred to within), or if you would like our help to resolve a complaint, then we encourage you to contact info@cartakeback.com in the first instance.

Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use. You can submit your dispute for online resolution to the European Commission Online Dispute Resolution platform. This procedure will help you to access the appropriate dispute resolution body.

Thank you for visiting our site.

If you still have questions, you can find all of the answers in the following categories:

About your donation About your car Sorting the paperwork Having your car collected Dropping your car off About Charity Car

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