VINfinder: full Terms and Conditions               

VINfinder is wholly owned by APAK Group Limited.
Registered office: APAK Group Limited, APAK House, Badminton Court, Station Road, Yate, Bristol, BS37 5HZ.
Registered in England No: 1451033
VAT Registered No: GB 543 4620 58

SMS Service
Notice: By using the Service the Customer agrees to be bound by these terms and conditions. If the Customer does not agree to be bound by these terms and conditions, the Customer should not use the Service.
The Customer's attention is drawn to the following terms and conditions for use of the Service. Please read these carefully before using a Cellular Phone to access the Service. The Customer will be legally bound by these terms and conditions whether or not he/she chooses to read them and by using the Service the Customer will be taken to have read, understood and accepted these terms and conditions in the same way as if he/she had signed a printed version. These terms and conditions will continue to apply every time the Customer uses the Service but Apak Group Limited reserves the right to amend these terms and conditions at any time and any changes to these terms and conditions will be made available on VINfinder’s website www.vinfinder.com. The Customer's continued use of the Service after such notification will constitute acceptance of such revised terms. Apak Group Limited reserves the right to terminate the Customer's use of the Service if the Customer does not accept all of the changes.

These terms and conditions cover the supply of information services by:

(1) APAK GROUP LTD, APAK House, Badminton Court, Station Road, Yate Bristol BS37 5HZ. (“APAK”).
(2) the owner/legitimate user of the Cellular Phone using the Service on such Cellular Phone ("the Customer").

IT IS AGREED as follows:

1. DEFINITIONS
1.1 Unless the context otherwise requires:
1.1.1 "Cellular Network" means the digital cellular network operated in the UK by Customers mobile phone operator;
1.1.2 "Cellular Phone" means a digital cellular handset capable of receiving SMS information services connected to the Cellular Network;
1.1.3 "Service Provider" means the party with whom the Customer has a contract to use the Cellular Phone where such party is not the Cellular Network to which the Cellular Phone is connected;
1.1.4 "SMS" means a text messaging facility used by Apak Group Limited to provide the Service over the Cellular Network;
1.1.5 "the Service" means the provision in the United Kingdom of information by Apak Group Limited to the Cellular Phone of the Customer which was ordered by the Customer or any third party by activating the Service using an SMS Text message.
1.1.6 "the Website" means VINfinder SMS website currently located at http://www.vinfinder.co.uk or any replacement site as Apak Group Limited may, at their sole discretion, from time to time direct
1.1.7 “Apak Group Limited” means the provider of the VINfinder service
1.1.8 “Service Price” means the cost of the SMS service facility which will be charged to your Cellular Phone account by your Service Provider.
1.1.9 “VINfinder” means the VIN (Vehicle Identification Number) interpretation service provided by Apak Group Limited
1.2 Unless otherwise specified, words importing the singular include the plural, words importing any gender include every gender and words importing persons include bodies corporate and unincorporate; and (in each case) vice versa

2. CONDITIONS
2.1 This agreement governs the provision of the Service by Apak Group Limited using the SMS facility of the Cellular Network separately identified as suitable for receiving the Service
2.2 The Customer is responsible for providing and maintaining a Cellular Phone and ensuring connection to a Cellular Network suitable for receiving the Service
2.3 The Customer warrants that he/she is the owner or legitimate user of the Cellular Phone which he/she uses to register for or otherwise access the Service, and that he/she is authorised to incur charges on the Cellular Phone

3. TERM OF AGREEMENT
The term of this agreement commences from the time of first usage and remains in force until such time as Apak Group Limited cancel this agreement.

4. SERVICE PROVISIONS
4.1 Because of the nature of fast moving real-time information and the vagaries of the Cellular Network and because it is possible that the Customer may use the Service in a way not contemplated by Apak Group Limited the Customer acknowledges that Apak Group Limited responsibilities extend only to the provision of indicative information. For the avoidance of doubt:
(i) Apak Group Limited make no warranties, express or implied, as to the results to be obtained by the Customer or any person or entity from the use of the Service;
(ii) Apak Group Limited make no warranties, express or implied, with respect to the fitness for a particular purpose or use of the Service;
(iii) Apak Group Limited shall have no liability to or through the Customer for lost profits or consequential loss or damage arising from the use of, or inability to use, for whatever reason, the Service;
4.2 Apak Group Limited will use their reasonable endeavours to ensure the uninterrupted and timely supply of the Service and to take all reasonable steps at their own expense to correct any error, omission or mistake in the Service but: (i) Apak Group Limited shall be under no liability for any error in nor for any delay or failure in the transmission of the Service to the Customer; and
(ii) Apak Group Limited do not provide any warranty as to the accuracy and completeness of the information provided through the Service; and
(iii) any such liability as might arise (which is not admitted) shall be limited to the charge made to the Customer for the message from which such liability occurred
4.3 The Customer also recognises that the Service may from time to time be adversely affected by local geography, topography and/or atmospheric conditions and/or other causes of interference and/or network coverage of his chosen Cellular Network and/or other event that is outside the control of Apak Group Limited

5. WARRANTIES AND LIABILITIES
5.1 The Customer shall not damage, interfere with or disrupt access to the Service or do anything which may interrupt or impair its functionality
5.2 The Customer shall indemnify and keep Apak Group Limited indemnified against any claim by any third party alleging loss and/or damage as a result of the Customer's use, or inability to use, the Service including but not limited to a breach by the Customer of clause 7 of this agreement
5.3 Except as expressly provided in this agreement by Apak Group Limited all representations, warranties and conditions whether expressed or implied by statute or common law or otherwise in relation to the Service are hereby excluded to the fullest extent permitted by the law
5.4 Nothing herein shall have the effect of excluding or restricting the liability of Apak Group Limited for death or personal injury resulting from its negligence

6. INTELLECTUAL PROPERTY RIGHTS
The Service is only intended for the Customer's personal use. The Customer may not publish, copy, re-distribute or otherwise exploit any data received directly from the Service for any future commercial purpose. In addition the Customer acknowledges that there are valuable intellectual property rights in and to any data which is not within the public domain and no licence is granted to the Customer in respect of any such rights, except to the extent required for the Customer's personal use of the Service

7. DATA PROTECTION
7.1 Any personal data relating to the Customer will only be used by Apak Group Limited in accordance with current data protection legislation. Such personal data where collected by Apak Group Limited will be collected, processed and used by Apak Group Limited or its agents for the purpose of registering the Customer for the Service, providing the Service and facilitating any transactions which the Customer may enter into through use of the Service

8. VARIATION
Apak Group Limited may vary the terms and conditions of this agreement to take account of Apak Group Limited legislation, statutory instruments, Government Regulations or Licences or similar matters provided that any such variation is clearly published on the Website and/or advertised in other media where details of the Service is provided on a regular basis. Continued use of the Service thereafter will be deemed to constitute acceptance of any such variation

9. ASSIGNMENT
The Customer shall not assign any of its rights or obligations under this agreement without the prior written consent of Apak Group Limited which shall have the right to assign or otherwise, delegate all or any of their rights or obligations under this agreement

10. SUSPENSION & TERMINATION
10.1 The Service may be suspended or terminated immediately by Apak Group Limited without prejudice to any of their accrued rights if they consider that the Customer is in breach of any of the provisions of this agreement
10.2 Apak Group Limited may request that excessive users of the Service reduce their use of the Service. If Apak Group Limited at their sole discretion consider that the Customer's use of the Service is continuing at an excessive level, Apak Group Limited may suspend access to the Service
10.3 Without prejudice to the provisions of this clause 12, Apak Group Limited shall be entitled to discontinue the Service on 3 days notice to the Customer
10.4 This agreement shall be terminated automatically if Apak Group Limited receives notification from the Cellular Network or Service Provider with whom the Customer is contracted to use the Cellular Phone that such contract has been cancelled
10.5 The termination of this agreement shall not effect any pre-existing liability of either party to the other hereunder or affect any right of either party to recover damages or pursue any other remedy in respect of any breach by the other party of the terms and conditions thereof

11. SERVICE PRICE
Apak Group Limited will charge for an initial period an introductory fee of £1.50 for the provision of VINfinder SMS service. Apak Group Limited reserves the right to vary the price charged for this services without notice and will reflect the change in any advertising and on the web site http://www.vinfinder.com.

12. LAW
12.1 This agreement shall be governed by English law and the parties hereby submit to the exclusive jurisdiction of the English courts