Website 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.

This website provides a service to help you donate the value of your car to charity through the “Charity Car Scheme”. You can use this website to submit details about your car and its location to us, which we will use to provide an Offer (“Offer”).

We act as the agent of a network of businesses (“Service Providers”) which handle the purchase, resale and recycling of cars (“Service”). Once you have accepted an Offer you will enter into a separate agreement with the Service Provider.

Once the Services have been completed, we will pass on the proceeds received from the disposal of your car (“Donation”) from the Service Provider to the charity you have chosen to be the recipient of your Donation (less a fixed fee if your car is sold by auction).

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

Please read these Charity Car terms and the other applicable terms that may apply to you carefully before you start to use our site, as these will apply to your use of it. We recommend that you print a copy for future reference.

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

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 13/08/2019.

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 However, please note that any of the content on our site may be out of date at any given time, and we are under no obligation to update it.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 (together with any other privacy notice or fair processing notice we may provide to you when we are collecting or processing personal information about you) our views and practices regarding your personal information and how and why we will use it, including its transfer to third parties. If you have any questions about our Privacy Policy, including any requests to exercise your legal rights, please contact the data manager using the contact details set out in our Privacy Policy.
  • Our Cookie Policy, which sets out information about the cookies used on our site.
    If you choose to accept an Offer, you will enter into a separate set of terms (“Service Agreement”) with the Service Provider (“Service Provider”), whose details we will provide to you.

  • The charity may have their own terms, which will be made available to you at the time you request an Offer, which apply to your Donation to the charity. We (and the Service Provider) are not party to these terms.

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.

Our site is directed at consumers and businesses looking to avail themselves of the Service in the United Kingdom. We do not represent that content available on or through our site is appropriate or available in other locations. 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 misuse.

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.

Your privacy and personal information

Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our Privacy Policy, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities in the event you have a query or complaint about the use of your personal information.

Requesting an Offer

At the time you request an Offer under the Charity Car Scheme, 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. This information will be used by us as set out in our Privacy Policy, including being passed on to your chosen charity so that the charity may contact you to thank you and confirm receipt of your Donation;
  • select a charity to which we will pass your Donation once received from the Service Provider.

To request an Offer, you’ll need to tell us your car registration and postcode, (where known), and answer some questions about your car.

Registration and postcode lookup services

Our registration lookup service will attempt to return certain details about your car such as the make, model, derivative, year and fuel type.

Our postcode lookup service will attempt to return your address using your postcode. If you don’t know your postcode, the service will attempt to return your postcode using your address.

If you choose to use the registration and/or postcode look up services, rather than entering your details manually, it is your responsibility to ensure that the details returned are accurate, making any amendments necessary.

Questions and assumptions about the condition of your car

We may ask you some questions about the condition of your car. For any unanswered questions we may make some assumptions. Your answers and our assumptions will be shown to you alongside your Offer.

Any descriptions which accompany the questions about the car’s condition, have been provided by way of example only, and are intended to serve as guidance to help you choose the most appropriate answer to our questions. The Service Provider will make the final determination about the car’s condition.

You will have the opportunity to discuss your Offer, either with us or the Service Provider, to help to ensure that the answers you have given are appropriate, before you accept it.

Our response to your request for an Offer

We will attempt to use the details you have given us to provide you with an Offer.

Your Offer will be based on the type of car and its location, as well as your answers to our questions about its condition, and, in the case of any unanswered questions, our assumptions. These details will be confirmed to you alongside your Offer. We will also send a copy of these details to you by email, where you have provided us with your email address.

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

Collection or drop-off

Your Offer will be based on your car either being collected by the Service Provider from the location which you specified, or you dropping your car off at the Service Provider’s site.

Minimum requirements

Your Offer will be based on the following “Minimum Requirements”:

  • you are able to provide photographic ID and proof of address;
  • your car is free of all finance charges, such as a hire purchase or loan agreement;
  • your car is free from any additional waste, such as litter, refuse or rubbish;
    your car has all of its major parts, meaning the fundamental parts of a car such as the engine, electronic control unit, gearbox, bodywork, seats, battery, catalytic converter and wheels (don’t worry about the spare wheel or any minor parts which are missing);
  • your car has no major damage, meaning that which may have been sustained in an incident such as an accident, collision, fire, flood, act of theft or vandalism;
  • your car is powered by a petrol, diesel, electric or hybrid powertrain as originally manufactured;
  • your car has no more than 9 seats and a gross vehicle weight no greater than 3,500kg, (type approval category M1 or N1); and
  • (in the case of a collection) your car is accessible meaning that it is parked on solid ground with inflated tyres, so that it can be safely winched onto a recovery vehicle.

Please tell us if any of the above criteria do not apply, as the Offer provided on our site will be void. You will have the opportunity to discuss these details with us when you request an Offer. We, or the Service Provider, may, at our/their discretion, decide to provide a new Offer, which you will have a reasonable opportunity to accept.

The Offer

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, which will include details of the Service Provider. The Offer given to you shall be deemed to be withdrawn unless accepted by you within 7 days of the date of the Offer.

Donation

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.

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.

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 and we will endeavour to meet your wishes.

The charity you select to receive your Donation from our list of Official Partners will already be registered with Charity Car to receive Donations as required by the Charities Act 1992 and the Charitable Institutions (Fundraising) Regulations 1994.

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 already registered with us, no later than the expiration of any period agreed.

In the event that the charity you have chosen to be the recipient of your Donation is not already registered with us as an Official Partner, we will endeavour to pass on the Donation to your specified charity but cannot guarantee that this will be possible (for example we may be unable to contact them or they may refuse the donation). The Charities Act 1992 and the Charitable Institutions (Fundraising) Regulations 1994 require Charity Car to have in place an agreement with its charity partners which contains certain provisions to govern the relationship between us and includes certain rights and safeguards, for example the right for the charity to inspect our records to ensure we are properly complying with the terms of the agreement.

If we are unable to pass on your Donation to your preferred charity within a reasonable time period, we will contact you so that you have the option of selecting a different charity. If this is not possible, 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.

Once your Donation has been made to the 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.

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 charities registered with us and the way in which your Donation will be used by them 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.

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 computer 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 laws or regulations.
  • 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 laws 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.

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. When a breach of these Charity Car Terms has occurred, we may take such action as we deem appropriate.

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.

The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.

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. Clicking on those links or enabling those connections may allow third parties to collect or share personal information about you. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for their policies or practices. Please check these policies before you submit any personal information to these websites and contact the owner or operator of such website if you have any concerns or questions.

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 exclude, 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 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 consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these Website Terms, including the paragraph above, affects your rights as a consumer to rely on such mandatory provisions of local law. 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 at http://ec.europa.eu/consumers/odr/ an official website managed by the European Commission dedicated to helping consumers and traders resolve their disputes out-of-court.

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