CARCHECK.GE

1. Introduction and Acceptance

Welcome to CarCheck.ge ("CarCheck", "we", "us", or "our"). These Terms of Service ("Terms") govern your access to and use of the CarCheck platform, including our website at carcheck.ge, mobile applications, and all related services (collectively, the "Services").

CarCheck is a vehicle inspection and VIN data platform operated in Georgia. By accessing or using our Services, you agree to be bound by these Terms, our Privacy Policy, and any additional terms applicable to specific services you use.

IMPORTANT: By creating an account, making a purchase, or otherwise using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Services.

These Terms constitute a legally binding agreement between you and CarCheck in accordance with the Law of Georgia on the Protection of Consumer Rights and the Civil Code of Georgia.

1.1 Governing Law

These Terms are governed by and construed in accordance with the laws of Georgia. Any disputes arising from these Terms shall be subject to the exclusive jurisdiction of the courts of Georgia, located in Tbilisi.

1.2 Language

These Terms are available in Georgian, English, and Russian. In case of any discrepancy between language versions, the Georgian version shall prevail for legal purposes within Georgia.

2. Definitions

For the purposes of these Terms:

• "User" or "Customer" means any individual who registers for and uses our Services for private, non-commercial purposes.
• "Business User" means any legal entity or individual using our Services for commercial purposes.
• "Checker" or "Inspector" means a trained professional employed or contracted by CarCheck to perform vehicle inspections.
• "VIN" means Vehicle Identification Number, a unique 17-character code assigned to each vehicle.
• "Inspection Report" means the detailed assessment document produced following a physical vehicle inspection.
• "VIN Data" means vehicle history information obtained through our database and third-party data providers.
• "Platform" refers to the CarCheck website, mobile applications, and all associated digital services.
• "Subscription" means a recurring service plan that provides ongoing access to premium features.
• "GEL" means Georgian Lari, the official currency of Georgia.

3. Description of Services

3.1 Vehicle Inspection Services

CarCheck provides professional vehicle inspection services through trained inspectors. Our inspection packages include:

• Light Inspection: Basic exterior and interior assessment, essential systems check.
• Medium Inspection: Comprehensive evaluation including underbody inspection and diagnostic scan.
• Premium Inspection: Complete assessment including lift-based inspection, borescope, and advanced diagnostics.

3.2 Add-On Services

Additional services available include:

• Borescope Engine Inspection: Internal engine visual inspection using specialized camera equipment.
• Deep Diagnostics: Manufacturer-specific diagnostic scan beyond basic OBD-II.
• Compression Test: Engine cylinder compression measurement.
• Leak-Down Test: Engine cylinder sealing verification.
• Transmission Diagnostic: Detailed gearbox assessment.
• Battery Health Test: Complete battery analysis.

3.3 VIN Data Services

We provide access to vehicle history information including:

• US Auction History: Data from Copart, IAAI, and Manheim auction houses.
• Premium Reports: Comprehensive vehicle history reports (where available).
• Standard Reports: Alternative vehicle history reports (where available).
• PTI.ge Integration: Georgian technical inspection status and dates.
• VIN Decode: Basic vehicle specifications based on VIN.

3.4 Subscription Services

CarCheck offers subscription tiers providing enhanced access and discounts:

• Free Tier: Limited monthly VIN lookups with basic features.
• Basic Tier: Unlimited VIN lookups, 10% discount on services.
• Pro Tier: All Basic features plus 20% discounts, bulk tools, and priority booking.

4. User Accounts and Registration

4.1 Account Creation

To access certain features of our Services, you must create an account. When registering, you agree to:

• Provide accurate, current, and complete information.
• Maintain and promptly update your account information.
• Keep your password confidential and secure.
• Accept responsibility for all activities under your account.
• Notify us immediately of any unauthorized use of your account.

4.2 Account Types

Individual Account: For personal use only. Limited to one account per person.

Business Account: For companies and commercial users. Requires business name and tax identification number (TIN) for invoicing purposes.

4.3 Account Security

You are solely responsible for maintaining the security of your account credentials. CarCheck will never ask for your password via email or phone. We implement industry-standard security measures but cannot guarantee absolute security.

4.4 Account Termination

We reserve the right to suspend or terminate accounts that violate these Terms or engage in fraudulent activity. You may close your account at any time by contacting our support team. Upon termination, your access to Services will cease, though certain data may be retained as required by law.

5. Booking, Payments, and Billing

5.1 Inspection Booking

When booking an inspection, you agree to:

• Provide accurate vehicle information (VIN, license plate, location).
• Ensure the vehicle is accessible at the scheduled time and location.
• Provide safe and appropriate conditions for the inspection.
• Be present or designate an authorized representative during the inspection.

5.2 Pricing

All prices are displayed in Georgian Lari (GEL) and include applicable taxes. Prices are subject to change, but confirmed bookings will honor the price at the time of booking. Current pricing is available on our website and is controlled through our administrative systems.

5.3 Payment Methods

We accept payments through our secure payment gateway (Flitt), which supports:

• Credit and debit cards (Visa, MasterCard).
• Google Pay.
• Apple Pay.

All payment processing is handled by our PCI DSS Level 1 compliant payment partner. CarCheck does not store or process your card details directly.

5.4 Billing Cycles

For subscription services:

• Monthly subscriptions are billed on the same day each month.
• Annual subscriptions are billed once per year with a discount.
• Subscription charges are non-refundable except as provided in Section 6.

5.5 Failed Payments

If a subscription payment fails, we will:

• Retry the payment after 3 days.
• Send a warning notification.
• Retry again after 3 more days (Day 6).
• If payment still fails after Day 7, downgrade the account to Free tier.

6. Cancellation and Refund Policy

6.1 Right of Withdrawal (Distance Contracts)

In accordance with the Law of Georgia on the Protection of Consumer Rights (Article 13), for distance contracts, you have the right to withdraw from a contract within 14 calendar days without giving any reason. This period starts from:

• The date of signing the contract, for service contracts.
• The date you receive the goods, for sales contracts.

6.2 Inspection Cancellation

For inspection bookings:

• Free cancellation up to 24 hours before the scheduled inspection.
• Cancellation within 24 hours may incur a cancellation fee of up to 50% of the booking price.
• No-shows will be charged the full booking price.
• If CarCheck cancels an inspection, you will receive a full refund.

6.3 VIN Data and Report Purchases

Due to the nature of digital content delivery:

• VIN data and reports are non-refundable once delivered.
• If a report cannot be generated due to technical issues, a full refund will be provided.
• Cached reports (previously purchased within 30 days) may be provided at reduced cost.

6.4 Subscription Cancellation

You may cancel your subscription at any time through your account settings:

• Cancellation within 24 hours of initial purchase: Full refund available.
• Cancellation after 24 hours: No refund, but access continues until the end of the current billing period.
• Downgrade to free tier takes effect at the end of the current billing period.

6.5 Refund Process

Approved refunds will be processed within 5-10 business days to the original payment method. Refund amounts are in the currency of the original transaction.

7. Vehicle Inspection Terms and Disclaimers

7.1 Nature of Inspection

IMPORTANT: Vehicle inspections provided by CarCheck are evaluations of the vehicle's condition at the time and date of examination only.

Our inspections are:

• Visual and diagnostic assessments using professional equipment.
• Limited to accessible components and systems.
• Point-in-time evaluations that may not detect all issues.
• Not a warranty, guarantee, or certification of vehicle condition.

7.2 Inspection Limitations

Our inspections DO NOT include and we expressly disclaim liability for:

• Hidden defects not apparent during visual inspection.
• Conditions that require disassembly to detect.
• Latent defects that manifest after the inspection date.
• Conditions concealed by the vehicle's owner or seller.
• Future mechanical failures or component wear.
• Tampered odometers or altered vehicle identification.
• Flood damage, frame damage, or accident history not visibly apparent.
• Issues with components not accessible without specialized equipment.

7.3 "As-Is" Inspection Standard

The inspection report reflects the vehicle's condition "as-is" at the time of inspection. The report is provided for informational purposes only and is not a recommendation for or against the purchase of the inspected vehicle.

7.4 Buyer's Responsibility

The decision to purchase a vehicle remains solely with the buyer. We strongly recommend:

• Using our inspection as one of several factors in your decision.
• Obtaining a test drive before purchase.
• Reviewing available vehicle history reports.
• Consulting with a mechanic for specific concerns.
• Having the inspection completed as close to purchase date as possible.

7.5 Liability Limitation for Inspections

CarCheck's total liability for any inspection is strictly limited to the fee paid for that inspection. We shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from the inspection or reliance on the inspection report.

8. VIN Data and Reports

8.1 Third-Party Data

VIN data and vehicle history reports are obtained from third-party sources including:

• US auction houses (Copart, IAAI, Manheim).
• Vehicle history report databases.
• PTI.ge (Georgian Technical Inspection Service).
• Other vehicle data aggregators.

8.2 Data Accuracy Disclaimer

CarCheck does not guarantee the accuracy, completeness, or timeliness of VIN data. We are a reseller of third-party data and are not responsible for errors, omissions, or outdated information from data providers.

Vehicle history reports may not include:

• All accidents or damage incidents.
• Service history from all mechanics and dealers.
• Private party transactions.
• Events not reported to databases.
• International vehicle history prior to US import.

8.3 Use of VIN Data

You agree to use VIN data and reports only for:

• Personal vehicle purchase research.
• Legitimate business purposes (for Business Users).

You may NOT:

• Resell or redistribute obtained data without authorization.
• Use data for illegal purposes.
• Use automated systems to mass-download data.
• Attempt to circumvent usage limits.

9. Intellectual Property Rights

9.1 CarCheck Property

All content on the Platform, including but not limited to:

• Website design, layout, and graphics.
• Logos, trademarks, and brand elements.
• Software, code, and technical infrastructure.
• Inspection methodologies and checklists.
• Original content and documentation.

...is the exclusive property of CarCheck or its licensors and is protected by Georgian and international intellectual property laws.

9.2 User Content

By submitting content to our Platform (such as reviews or photos), you grant CarCheck a non-exclusive, worldwide, royalty-free license to use, reproduce, and display such content in connection with our Services.

9.3 Report Ownership

Inspection reports are owned by CarCheck but licensed to the purchaser for personal use. You may share report links with third parties but may not alter, resell, or commercially distribute reports.

10. User Responsibilities and Prohibited Conduct

10.1 Acceptable Use

You agree to use our Services only for lawful purposes and in accordance with these Terms. You shall not:

• Provide false or misleading information.
• Impersonate another person or entity.
• Interfere with or disrupt the Platform's operations.
• Attempt to gain unauthorized access to systems.
• Use automated tools to scrape or collect data.
• Engage in fraudulent payment activities.
• Harass, threaten, or abuse CarCheck staff or Checkers.
• Use Services for any illegal purpose.

10.2 Inspection Cooperation

When booking an inspection, you must:

• Provide safe access to the vehicle.
• Ensure the inspection location is appropriate.
• Not interfere with the inspector's work.
• Disclose any known hazardous conditions.

11. Limitation of Liability

11.1 General Limitations

TO THE MAXIMUM EXTENT PERMITTED BY GEORGIAN LAW:

CarCheck shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:

• Loss of profits or revenue.
• Loss of data.
• Loss of use or business interruption.
• Vehicle purchase decisions based on our Services.
• Actions of third parties.

11.2 Maximum Liability

CarCheck's total aggregate liability to you for any claims arising from these Terms or your use of Services shall not exceed the greater of:

• The amount you paid to CarCheck in the 12 months preceding the claim.
• 100 GEL.

11.3 Exceptions

Nothing in these Terms limits CarCheck's liability for:

• Death or personal injury caused by our negligence.
• Fraud or fraudulent misrepresentation.
• Any liability that cannot be excluded by Georgian law.

11.4 Service Availability

We provide our Services "as available" and "as is". We do not guarantee that:

• Services will be uninterrupted or error-free.
• Defects will be corrected.
• Services will meet your specific requirements.

12. Dispute Resolution

12.1 Direct Resolution

If you have a complaint or dispute, please first contact our customer support at [email protected]. We will attempt to resolve any issues within 30 days.

12.2 Consumer Rights

In accordance with the Law of Georgia on the Protection of Consumer Rights, you have the right to:

• File a complaint with the Georgian National Competition Agency.
• Seek redress through the courts of Georgia.
• Use available out-of-court dispute resolution mechanisms.

12.3 Jurisdiction

Any legal proceedings shall be conducted in the courts of Tbilisi, Georgia, applying Georgian law.

13. Modifications to Terms

13.1 Right to Modify

CarCheck reserves the right to modify these Terms at any time. Modifications become effective when posted on the Platform.

13.2 Notification

We will notify you of material changes through:

• Email notification to registered users.
• Prominent notice on our website.
• In-app notification.

13.3 Continued Use

Your continued use of Services after modifications constitutes acceptance of the updated Terms. If you disagree with changes, you should discontinue use and close your account.

14. Contact Information

For questions about these Terms or our Services, please contact us:

15. Miscellaneous Provisions

15.1 Entire Agreement

These Terms, together with our Privacy Policy and any service-specific terms, constitute the entire agreement between you and CarCheck regarding our Services.

15.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect.

15.3 Waiver

Our failure to enforce any right or provision shall not constitute a waiver of that right or provision.

15.4 Assignment

You may not assign your rights or obligations under these Terms without our written consent. We may assign our rights and obligations without restriction.

15.5 Force Majeure

CarCheck shall not be liable for any failure to perform due to circumstances beyond our reasonable control, including natural disasters, war, terrorism, government actions, or technology failures.

16. Acknowledgment

BY USING CARCHECK SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM.

If you do not agree to these Terms, please do not use our Services.