National Car Testing Service

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GENERAL
This website is owned and operated by The Applus+ Car Testing Service Limited ("NCTS") whose head office is at Lakedrive 3026, Citywest Business Campus, Naas Road, Dublin 24. For the purposes of these terms and conditions "we", "our" and "us" refers to NCTS. Your use of this website is subject to our terms and conditions of use set out below ("Terms of Use"), and by using this website you are agreeing, and you are signifying your agreement, to be bound by these Terms of Use. If you do not read our Terms of Use, you should not use this website. By accessing any part of this website you consent to these Terms of Use.

CHANGES IN TERMS AND CONDITIONS
NCTS may modify or terminate any facilities and/or services offered through this website from time to time, for any reason and without notice, and without liability to you, any other user or any third party. NCTS reserves the right to change the content, presentation, performance, user facilities and/or availability of any part of this website at its sole discretion, including these Terms of Use from time to time. You should check these Terms of Use for any changes any time you access the site. The grant of this limited licence is conditional upon your agreement to, and compliance with all of these Terms of Use.

USE OF WEBSITE
Unless otherwise specified, the NCTS website and any of its facilities and/or services are for your personal and non-commercial use only. You may download, display or print part of the website for your own personal, non-commercial use. You agree not to copy, modify, transmit, display, distribute, perform, reproduce, licence, publish, create derivative works from, transfer or sell any information, software, products and services obtained from this site, or otherwise use the content of this site for resale, re-distribution or for any other commercial use. You will not use the site or any of its facilities and/or services for any purpose that is unlawful or prohibited by these Terms of Use.

You will not use the site in any manner which could damage, disable, overburden or impair any NCTS site, its facilities and/or services or interfere with any other party's use and/or enjoyment of the site, its facilities and/or services.

You may not attempt to gain unauthorised access to the NCTS site, its facilities and/or services or any accounts, computer systems and networks connected to any NCTS site, its facilities and/or services through hacking, password miming or any other means.

You acknowledge that the NCTS site has been specifically designed for use in the Republic of Ireland, and you agree not to use or access the NCTS site in and from jurisdictions in which it or its contents are restricted or prohibited by local law.

This website may contain links to third party websites. Your use of third party websites is subject to the terms and conditions of use contained within each of those sites. Access to any other website through this website is at your own risk, and NCTS are not responsible for the accuracy or liability of any information, data, opinions, statements made on these sites or the security of any link or communication with those sites. NCTS reserves the right to terminate a link to a third party site at any time. The fact that NCTS provides a link to a third party website does not mean that NCTS endorses, authorises or sponsors that website, nor does it mean that NCTS is affiliated with the third party websites, owners or sponsors. NCTS provides these links merely as a convenience for those who use the website.

COPYRIGHT NOTICE AND LIMITED LICENCE
The information, content, graphics, text, sounds, images, buttons, trademarks, service marks, trade names and logos (the "Materials") contained in this website are protected by copyright, trade mark, database right, sui generis right and other intellectual property laws, under national laws and international treaties. NCTS and/or its licensors (as the case may be) retain all right, title, interest and intellectual property rights in and to the Materials.

Any other use of the Materials on this website, including in any form of copying or reproduction (for any purposes other than those noted above) modification, distribution, re-publication, extraction, re-utilisation, incorporation or integration with other Materials or works or re-delivery using framing technology, without the prior permission of NCTS is strictly prohibited and is a violation of the proprietary rights of NCTS. Other than as expressly provided herein nothing in these Terms of Use should be construed as conferring by implication or otherwise any licence or right under any copyright, patent, trade mark, database right, sui generis right or other intellectual property or proprietary interest of NCTS, its licensors or any third party.

INDEMNITY
As a user of this website under these Terms of Use you agree to indemnify, defend and hold harmless NCTS, its officers, directors, employees, agents, subsidiaries, affiliates, suppliers and any of our third party information service providers from and against all losses, expenses, damages and costs, including legal costs, however arising resulting from any violation or breach by you of these Terms of Use.

ONLINE BOOKING SERVICES
You may book an NCT test for your vehicle on this website. You must present confirmation of your appointment when attending for a test. If you wish you can make changes to or cancel a booking made through this website. If you cancel or re-arrange a booking within five (5) working days of the test date (Monday – Friday, not including the day of the test), or fail to show up for the test, a cancellation fee, details of which are contained in the booking procedure will be applied when your vehicle is next brought for testing.

TRADE MANAGEMENT SCHEME
For those that register for our Trade Management system and you further confirm and acknowledge that:

• you posses the requisite authority and capacity to enter into these Terms;
• you will register in accordance  with all of the terms and conditions set out in the Terms, and any other guidelines that may be posted  from time to time on the Site or sent to you by electronic means or by post;
• your failure to comply with these Terms or the guidelines posted from time to time on the Site will constitute a default under these Terms and, subject to applicable  law, will entitle NCTS to terminate this Agreement and as a consequence, your trade management application;
•  you will only use the Site to register legitimate Trade Management accounts

Once you have registered your company details with NCTS, we will send you an email to acknowledge receipt of your application. Only once your application has been accepted by NCTS shall the agreement between you and us, pursuant to these Terms, come into existence.

If you decide to register using this Site, you will be asked to supply certain information (via the application process). Our Privacy Policy outlines how we use any personal information you provide to us. By providing such information, you represent and warrant that it is accurate, complete, and current.

Note it is at our discretion to refuse any request to register for our Trade Management barcodes for any reason. Trade barcodes may be cancelled if NCTS are not given accurate information and/or are unable to contact the company that registered.

SAME DAY BOOKING PROCESS (TRADE MANAGEMENT SCHEME ONLY)

The presenter of any vehicle that avails of the same day booking process must agree to the following:

As part of the quality control procedures for the National Car Testing Service, a number of cars are re-inspected after their tests or retests are completed.  Any car that is booked (or whose appointment is rescheduled) through a test centre, may be subject to an independent quality inspection after leaving the test centre. The presenter of the car must agree to the following:

1. Agreement to make the vehicle available for re-inspection within 48 hours of the test, if requested
2. Confirmation that they have removed all valuable/personal belongings from the vehicle.

Failure to agree to the above will mean that the NCTS are unable to facilitate bookings made at the test centre.  For further information please phone 1890 200 670.        

CANCELLATION (TRADE MANAGEMENT SCHEME ONLY)

To cancel your Trade barcode account you must contact us in writing by sending an email to tradeenquiries@ncts.ie  or by sending  a letter to Applus Car Testing Service, 3026 LakeDrive, Citywest Business Campus, Naas Road, Dublin 24 or please contact our customer services telephone line on 1890 412 413.

COMPLAINTS (TRADE MANAGEMENT SCHEME ONLY)

If you would like to give us feedback on your experience with the NCTS, or have a cause for complaint, please telephone us at 1890 200 670. If you are still dissatisfied following this call, please email: info@ncts.ie and specify that you wish to escalate your complaint. All complaints will be dealt with by our Customer Service Department in accordance with our Customer Charter.

LIMITATIONS OF LIABILITY  (TRADE MANAGEMENT SCHEME ONLY)

You express understand and agree that (to the fullest extent permitted by law) we shall not be liable for any direct, incidental, special, consequential, exemplary or punitive damages, or any other damages whatsoever, including but not limited to, damages for loss of profits, goodwill, use or other intangible losses (even if we have been advised of the possibility of such damages), arising out of, or resulting from:

• the use or the inability to use the Site or to register for a barcode
• the use of any content or other material on the Site or any website or websites linked to the Site;
• the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from this Site
• unauthorised access to or alteration of your transmission or data
• statements or conduct of any third party on this Site;
• NCTS services featured on and/or sold on or via this Site; or
• any other matter relating to this Site.

The accuracy of the information on this Site is not guaranteed and does not constitute business or other professional advice and is subject to change and therefore NCTS cannot accept responsibility for any loss, damage or expense incurred upon using the information.

DISCLAIMERS
All use by you of this website is at your own risk. You assume complete responsibility for, and for all risks of loss resulting from, your downloading and/or using of, or referring to or relying on facilities, services or materials provided on this website, or any other information obtained from the use of this website. You agree that NCTS will not be liable for damages arising out of your use or your inability to use this website, and you hereby waive any and all claims with respect thereto, whether based on contacts, tort or other grounds. This website is available to all users “as is” and without any representations or warranties of any kind, either express or implied. NCTS makes no representations, warranties or undertakings that this website, or the server that makes it available, will be free from defects, including, but not limited to virus, bug, tampering, unauthorised access, intervention, alteration or use, fraud. Theft, technical failure, error, omission, interruption, deletion, defect, delay or any event or occurrence beyond the control of NCTS, which corrupts or effects the administration, security, fairness and the integrity or proper conduct of any aspect of this website. NCTS makes no representations, warranties or undertakings about any of the facilities, services and/or materials on this website (including with limitation, their accuracy, their completeness or their merchantability, quality or fitness for a particular purpose.

LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law, neither NCTS nor any of its Directors, Employees, Affiliates or other Representatives will be liable for loss or damages arising out of or in connection with your use of any facilities, services and/or the materials offered through this website, including, but not limited to, indirect or consequential loss or damages, loss of data, income, profit or opportunity, loss of or damage to property and claims of third parties, even if NCTS have been advised of the possibility of such loss or damages, or such loss or damages were reasonable foreseeable. Without limitating the foregoing, under no circumstances shall NCTS nor any of its directors, employees, affiliates or other representatives be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including, without limitation, internet failure, computer equipment failures, telecommunication failures, other equipment failures, electrical power failures, strikes, lay-way disputes, riots, interactions, civil disturbances, shortages of labour or materials, fires, floats, storms, explosions, acts of god, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third party, or loss of or fluctuations in heat, light or air conditioning.

OFF-LINE CONDUCT
Although NCTS cannot monitor the conduct of its users off site, it is a violation of these Terms of Use any information obtained from this site in order to harass, abuse or harm another person, or in order to contact, advertise to, solicit or sell to any user or person without their prior expressive consent.

PRIVACY POLICY
NCTS and its associated companies respect and protect the privacy of the individuals who access this website and use its facilities and/or services. For full details of the manner in which NCTS use cookies, the type of information we collect, how we use it, links to other sites and under what circumstances we disclose information please read the Privacy Policy which is hereby incorporated into and forms part of these Terms of Use.

JURISDICTION AND GOVERNING LAW
This website is controlled and operated by Applus+ Car Testing Service Limited from Ireland. NCTS does not make any representation that the facilities, services and/or Materials offered through this website are appropriate or suitable for use in countries other than Ireland, or that they comply with any legal or regulatory requirements in any such other countries. In accessing this website, you do so at your own risk and on your own initiative, and are responsible for compliance with local laws, to the extent any local laws are applicable. If it is prohibited to make this website, facilities, services and/or Materials offered through this website or any part of them available in your country, or to you (whether by reason of nationality, residence or otherwise, this website, the facilities, services and/or Materials offered through this website or any part of them are not directed at you). These Terms of Use shall be governed by and construed in accordance with the laws of Ireland, and you hereby agree for the benefit of NCTS and without prejudice to the right of NCTS to take proceedings in relation to these Terms of Use before any court of competent jurisdiction, that courts of Ireland shall have jurisdiction to hear and determine any actions or proceedings that may arise out of or in connection with these Terms of Use, or for such purposes you irrevocably summit to the jurisdiction of such courts.

MISCELLANEOUS LAW
Any waiver of any provision of these Terms of Use must be in writing signed by NCTS to be valid. Any waiver of any provision hereunder shall not operate as a waiver of any other provision, or a continuing waiver of any provision in the future. If any court of competent jurisdiction finds any provision of these Terms of Use to be void or unenforceable for any reason, then such provision shall be ineffective to the extent of the court's finding effecting the validity and enforceability of any remaining provision. These Terms of Use represent the entire understanding and agreement between you and NCTS relating to use of this website, its facilities and/or services and supersede any and all prior statements, understandings and agreements whether oral or written, and shall not be modified except in writing, signed by you and by NCTS.