Terms and Conditions

Vincario s.r.o.
Vlčí Vrch 433
257 21, Poříčí nad Sázavou
Czech Republic
Reg.No. (IČ): 05011833

Please read these Terms and Conditions carefully before accessing or using the Website, Services or Products (collectively, the "Offerings"). VINCARIO ("we", "us" and "our") provides you with access to, and use of, each of our Offerings subject to and conditional on your acceptance of these Terms and Conditions (the term "use" when used here in respect of each of the Offerings will mean access or use, and "using" will have a corresponding meaning). By using an Offering, you agree to be bound by these Terms and Conditions. If you do not agree to be bound by these Terms and Conditions, or are not capable of agreeing to these Terms and Conditions, you must not use any of the Offerings. These Terms and Conditions form a legal agreement between: (a) VINCARIO and you individually if you are agreeing to these Terms and Conditions in your own capacity; and (b) VINCARIO and the entity on whose benefit you act if you are authorized to use the Offering on behalf of such entity.

BY INDICATING YOUR ACCEPTANCE BY CLICKING ON THE APPROPRIATE BUTTON BELOW, OR BY USING ANY OF THE OFFERINGS OR THE CONTENT, YOU WARRANT THAT: (a) YOU HAVE REACHED THE AGE OF MAJORITY IN YOUR JURISDICTION OF RESIDENCE; (b) YOU POSSESS THE LEGAL AUTHORITY TO CREATE A BINDING LEGAL OBLIGATION ON YOUR OWN BEHALF OR ON BEHALF OF THE ENTITY THAT IS RECEIVING THE BENEFIT OF THE OFFERING, AS APPLICABLE; AND (c) YOU, OR THE ENTITY ON WHOSE BEHALF YOU ARE ACTING, AS APPLICABLE, AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. IF, AT ANY TIME YOU OR THE ENTITY ON WHOSE BEHALF YOU ARE ACTING, AS APPLICABLE, DO NOT ACCEPT AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, THEN YOUR SOLE RECOURSE AND THE SOLE RECOURSE OF THE ENTITY ON WHOSE BEHALF YOU ARE ACTING, IS TO STOP USING THE OFFERINGS IMMEDIATELY. IF YOU HAVE ANY QUESTIONS OR CONCERNS ABOUT THESE TERMS AND CONDITIONS, PLEASE CONTACT US on .

  1. Definitions

    Unless the context requires otherwise, terms in these Terms and Conditions will have the meanings set out below, and where the context so admits, the singular will include the plural and vice versa (the term "including" when used herein will mean "including without limiting the generality for the foregoing"):

    "Vehicle Data" means various types of vehicle data portions available on the Website from the Database, which concern information on vehicles.

    "Consumer" means any natural person who is acting for purposes which are outside his or her trade, business or profession.

    "Database" means our database and databases of third party partners.

    "VIN number" means the Vehicle Identification Number that is a unique code used by the automotive industry to identify individual motor vehicles, towed vehicles, motorcycles, scooters and mopeds as defined in ISO 3833.

    "Website" means the website ran by our enterprise under the name "VIN Decoder by Vincario", in the Internet domain "vindecoder.eu".

  2. Territory

    The Offerings are intended for use worldwide (collectively, the "Territories"). VINCARIO may change the Territories at any time by updating these Terms and Conditions according to procedure set by paragraph 11.

  3. Security, Password and Personal Use

    You are solely responsible for maintaining the confidentiality of your password and account. You must take steps to ensure that others do not gain access to your password and account. Our personnel will never ask you for your password. You may not transfer or share your account with anyone, and we reserve the right to immediately terminate your account if you do transfer or share your account with others.

    Your website account access belongs solely for your own personal use. You may not share your login details with anyone. Any violation in this regard will lead to immediate account termination and appropriate legal actions. You are allowed to resell or make any commercial use of the Vehicle Data which you obtained from this Website.

  4. Procedure to obtain the Vehicle Data and payment

    The access to the certain areas of the Website and obtaining the Vehicle Data are chargeable. In such case, the payment shall be done solely via the payment services providers indicated on the Website (such as Adyen or Wire transfer) by a credit card or other means provided thereby.

    In case you want to obtain the Vehicle Data you should first indicate to us the VIN number (as requested in the forms on the Website) in order to check whether we possess any information concerning the specific vehicle. We provide you with list of all available vehicle data. In case you want to display available vehicle data in readable form, you should fill billing details and make an order via third party payment gateway. The agreement between you and us on providing the Vehicle Data shall be deemed as concluded at the moment of making the payment by you. Provisions stipulated herein and in our Privacy Policy constitute the agreement between you and us.

    Please be aware that payments for the services provided on the Website are made through the payment services providers indicated on the Website (such as Adyen or Wire transfer ) and thus payments made in relation to the services provided on the Website are governed by terms and conditions of those companies, which are available on their websites.

    Prices of the Vehicle Data in various options are provided on the Website.

    On the Website you may order subscriptions of specified numbers of the Vehicle Data during the specified time-periods. The price of such subscriptions (provided on the Website) varies and depends on the time-period and the number of the Vehicle Data for which the subscription is granted.

    In case the Database is unavailable during the period in which you are entitled to use our services on the basis of the subscriptions for longer than 1 day, the period of the relevant subscription shall be extended accordingly on demand of the user of that subscription.

  5. Return / refund / cancellation

    In case we provide wrong data, the return only on demand based on proven data misstatement. The refund is refunded for the wrong web report / API response (not the entire several prepaid reports order). We return only to the account from which the payment was received within 15 business days of the date of acknowledgment of the claim.

    The Vehicle Data is generated automatically and, subject to the limits specified on the Website, are available immediately after the agreement between you and us on providing the Vehicle Data is concluded. We are not liable for any delays in the Vehicle Data generation which appeared due to technical problems or are caused by a third party or for the purpose of maintaining the Website and updating its software.

    If you require the invoice from us, you can download invoice for each transaction in appropriate user page on the Website.

  6. Delivery policy

    Web report is displayed immediately when transaction is successfully processed. Also user can see and download a VIN report in user history https://pl.vindecoder.eu/my/history section when logged in.

    API report is returned right after “Decode” lookup is sent.

    Both reports Web and API are charged only once per each VIN. You can repeat your request with the same VIN to access the vehicle report with no additional charge.

  7. Consumer data privacy policy and security policy

    In order to access the prepaid services on this site, you will be required to use an account and password that can be obtained by completing our online registration form, which requests certain information and data (“Registration Data”). By registering, you agree that all information provided in the Registration Data is true and accurate and that you will maintain and update this information as required, to keep it current, complete, and accurate.

    The information we obtain through your use of this site, including your Registration Data, is subject to our Privacy Policy, which is specifically incorporated by reference into these Terms and Conditions.

  8. Disclaimer of Warranties

    ALL MATERIALS AND SERVICES ON THIS WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.

    THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.

    THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.

  9. Termination of Use (Termination Policy)

    You agree that we may, in our sole discretion, terminate or suspend your access to all or part of the site with or without notice and for any reason, including, without limitation, breach of these Terms and Conditions. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities.

    Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on this site immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account. We may also delete all files stored in your account and all the related information. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.

  10. Third party website

    This site may link you to other sites on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other parties. These other sites and parties are not under our control. Consequently, we assume no responsibilities for the accuracy, copyright compliance, legality or any other aspect of the sites. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the site or party by us, or any warranty of any kind, either express or implied. We suggest that you carefully review terms of use and privacy policies on these sites.

  11. Limitation of Liability

    In no event will the aggregate liability of VINCARIO based upon, arising from, in connection with or related to these Terms and Conditions, the Content or the Offerings exceed the fees, if any, paid by you for that Offering that gave rise to the claim, in the month in which the cause of action underlying such claim first arose.

  12. Changes

    We expressly reserve the right to change these Terms and Conditions from time to time with previous notice and additional request for approval. Your continued use of this site after such modifications will constitute acknowledgement of the modified Terms and Conditions and agreement to abide and be bound by the modified Terms and Conditions.

  13. General Provisions
    1. Assignment

      VINCARIO may assign this Agreement, in whole or in part, without notice to you or your prior consent. You may not assign this Agreement, in whole or in part, without the prior written consent of VINCARIO, and any such assignment by you without VINCARIOS’s prior written consent will be of no effect.

    2. Notices

      Except as otherwise provided in these Terms and Conditions, all notices or other communications hereunder from you to us will be deemed to have been duly given when made in writing and delivered in person, by courier or deposited in the mail, postage prepaid, registered mail, return receipt requested, and addressed to Vincario s.r.o., Vlčí Vrch 433, 257 21, Poříčí nad Sázavou, Czech Republic.

    3. Force Majeure

      Notwithstanding any other provision in these Terms and Conditions, we will not be in default or breach of these Terms and Conditions for failure to fulfill our obligations when due to or contributed by causes beyond our reasonable control, including: an act of God such including a fire, flood, earthquake, epidemic, volcanic eruption, adverse weather conditions, storm, hurricane or other natural disaster, a strike, lock-out, labour dispute; war, invasion, act of foreign enemy hostilities (whether war has been declared or not), civil war rebellion revolution insurrection or military or usurped power, terrorism, act of sabotage, civil disturbance, blockade, riot, civil commotion, malicious damage, interruption or failure of electricity, power supply, interruption or failure of the internet or other telecommunication facility, network or means of telecommunication, computer virus, or bug, third party computer infiltration, attack by a hacker, governmental restriction, or any other act or circumstance that materially increases or affects the risk or danger to the health or safety of members of the public.

    4. No Waiver

      VINCARIO’s failure to insist upon or enforce strict performance of any provision of these Terms and Conditions will not be construed as a waiver of any provisions or right. Any waiver of the terms or conditions herein by VINCARIO must be in writing and signed by an authorized officer of VINCARIO expressly referencing the applicable provisions of Terms and Conditions. Waiver of any provision hereof in one instance will not preclude enforcement thereof on future occasions.

    5. Severability

      If any provision of these Terms and Conditions is determined to be invalid or unenforceable by any court of competent jurisdiction, then: (i) such provision will be, solely to the extent of such invalidity or unenforceability, as applicable, deemed omitted, and the remaining provisions will continue in full force and effect; and (ii) such determination will not affect the legality, validity or enforceability of the remaining provisions of these Terms and Conditions or the legality, validity or enforceability of such provision in any other jurisdiction.

    6. Governing Law, Jurisdiction and Venue, and Class Action Waiver

      These terms and Conditions will be governed by and construed under the laws of the Czech Republic Such dispute is to be resolved in a court of law.

    7. Language

      It is the express wish of the parties that these Terms and Conditions will be drawn up in English and Czech language.

    8. Customer Service contact

      Customer service can be reached by
      Contact form at: https://pl.vindecoder.eu/contact-us
      Email:
      Address: Vincario s.r.o., Vlčí Vrch 433, 257 21 Poříčí nad Sázavou, Czech Republic

This Terms and Conditions are effective as of 2018-02-12

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