Terms and conditions
OUR TERMS AND CONDITIONS EXPLAINED
1.0 Our service
1.1 The car finance section of www.carbuyer.co.uk is powered by Smart Car Finance Ltd (“the Company”) and hosted on www.FinanceAcar.co.uk/carbuyer and by accessing this section you accept the following terms and conditions in full.
1.2 Smart Car Finance Ltd. operates the website www.financeacar.uk and provides an intermediary service (“the Service”) that matches a customer's financial requirements with an appropriate financial product and then makes an introduction (or processes your application) to a UK lender or one of our strategic business contacts (Partner Entity).
1.3 This website is aimed for use by those at least 18 years old and a UK resident (excluding the Channel Islands and the Isle of Man). Before submitting information to the Company, you should ensure all your contact information is correct. The information supplied to the Company in advance of it submitting a proposal to a UK lender or a Partner Entity must be accurate; failure to supply accurate information will result in the customer losing their cancellation and refund rights. By completing an enquiry form you consent to the Company or a Partner Entity contacting you directly to provide you with a fixed quote.
1.4 Users of this website should satisfy themselves as to the accuracy and suitability of any finance product before entering into a contract. All information provided by this website is for reference only and does not constitute an offer or personal recommendation of any kind. If in doubt, you are strongly recommended to seek advice from a suitably qualified person.
1.5 The Company is committed to impartiality and independence and takes no payment from any lender for inclusion in the search results. Some lenders will pay an introduction fee to the Company if a user purchases a finance product. This payment does not influence the choice of products and lenders shown in the search results.
2.0 Website use
2.1 The website and all of its material is owned by The Company Ltd and financeacar.co.uk and its logo are owned and protected by the Company. In addition, the information contained in the Company's website is not allowed to be stored and/or copied (electronically or in hard copy) without first obtaining the written permission from the Company. It is also prohibited to use the website for any illegal or unlawful purpose.
2.2 The Company grants you a non-exclusive, revocable, non-transferable licence to use the Company's website and its software on its server to access and collect information from its website and the websites of third party providers as permitted by use of the Company's service. When you use the service, you may cause the Company's software to send a request to the third party providers for information regarding products and/or services. You acknowledge and agree that when you interact with a Partner Entity and provide and collect information from a Partner Entity, you do so on your own behalf and that you have not appointed the Company to act as your agent unless you pay The Company an Introductory Fee (as explained in clause 8.2). Until that point, the Company simply makes its service and software available to you by which you may choose to be contacted by a Partner Entity.
2.4 You acknowledge and agree that you may be required to complete a registration process which will allow you to save and access searches you have made on this site and to store personal data. This may include the creation of a password in order for you to access your financeacar account; . This data will also enable the Company or a Partner Entity to contact you to match your financial requirements with a potential lender.
2.5 Any password allocated to, or created by you to enable you to use the services provided by this site shall be kept strictly confidential by you. In the event that you are issued with a password, you agree to keep this password safe and not to disclose it to anyone. You agree to immediately notify us if any unauthorised third party becomes aware of that password. You agree that any person to whom your [username or password] is disclosed is authorised to act as your agent on this site. You agree to take all steps necessary to prevent unauthorised access to your financeacar account via any computer used to access your account.
2.6 You may use anything on the financeacar website only for your personal information in connection with your business and for this purpose you may print, copy, download or temporarily store extracts from this website. You must not alter anything. Any other use is prohibited unless you first obtain our written permission. In particular, no-one may use any part of the financeacar website on any other website, or link any other website to this website, without our permission.
2.7 The Company permits its clients to access the content and services offered on its website for individual or business use. This includes allowing you to download and cache certain pages from its website. However, this doesn't allow individual pages and large parts of the Company's website to be adjusted and/or made available from an intranet. All aspects of its website design may not be replicated or edited without full written authorisation from the Company. Third Parties are not authorised to “deep link” the website without prior written permission. Any links to the website must be to the Company's homepage and must not be offensive. Note: This constraint doesn't apply to associated partners who are eligible to send customers directly to a certain page or product.
2.8 This website contains only a summary of the information relating to the products and services referred to on the website. Therefore, should you require more information you should seek it from an external source. Nothing on the website is intended to constitute advice to you.
3.0 Copyright
3.1 Certain trademarks and other materials used on the financeacar website are the copyright of the Company. All rights reserved.
3.2 The copying or re-presentation of information from the Company's website is strictly prohibited without first obtaining its written permission. In addition, all content, graphic, logos and databases are the copyright of the Company unless stated otherwise.
3.3 All intellectual property of the Company such as trademarks, trade names, patents, registered designs and any other automatic intellectual property rights derived from the aesthetics or functionality of the Website remain the property of the Company.
3.4 By using the Website you agree to respect the intellectual property rights of the Company and will refrain from copying, downloading, transmitting, reproducing, printing, or exploiting for commercial purpose any material contained within the Website.
4.0 Acceptance of terms
4.1 By accessing the content of www.financeacar.co.uk (the Website) you agree to be bound by the terms and conditions set out herein and you accept our privacy policy available at www.financeacar.co.uk/privacy-policy . If you object to any of the terms and conditions set out in this agreement or our privacy policy you should not use any of the products or services on the website and exit the website.
4.2 The Company introduces customers to third party Partner Entities or third party UK lenders and you agree that if you enter into an agreement with a third party or you obtain a finance agreement, that agreement is direct with the third party and you will be bound by the terms and conditions of the agreement. You also agree that in the event that you do enter into an agreement with a third party Partner Entity or third party UK lender that the agreement is between you and that third party and not with the Company and that any potential disagreement between you and that third party or any liability that may be incurred by you or that third party does not involve the Company as a party to that agreement.
4.3 You agree that you shall not use the Website for illegal purposes, and will respect all applicable laws and regulations. You agree not to use the website in a way that may impair the performance, corrupt the content or otherwise reduce the overall functionality of the Website. You also agree not to compromise the security of the Website or attempt to gain access to secured areas or sensitive information.
4.4 You agree to be fully responsible for any claim, expense, liability, losses, costs including legal fees incurred by us arising from any infringement of the terms and conditions set out in this agreement.
4.5 You agree that any advertisement or sponsorship or product included in the Company's website and offered for sale by third parties shall be subject to the terms and conditions of that third party. You agree that there is no obligation for the Company to introduce you to a lender.
5.0 Rates
The rates and vehicle data (including but not limited to images, "standard equipment", "factory fitted options", "colour and trim" and "technical data") contained in this website are provided by a third party and are for information purposes only and - as such - cannot be relied upon. In the event that information on "lead times" are provided, they are estimates only and do not constitute an obligation to supply.
Prices
- The prices quoted usually include VAT in the case of a personal enquiry and exclude VAT in the case of a business enquiry and the Company endeavours to always clarify this on its website. The Company reserves the right to change the price either before or after the Company accepts any order. The Company shall notify you of such a change and you have the right to cancel your order if the change is not acceptable.
- Prices on the web site are for information purposes only and do not constitute an offer by the Company capable of an acceptance by you.
6.0 Disclaimer/exclusion of liability
6.1 The contents of the financeacar website are only for general information or use. They do not constitute advice and should not be relied upon in making (or refraining from making) any decision. We hereby exclude any warranty, expressed or implied, as to the quality, accuracy, timeliness, completeness, performance, fitness for a particular purpose of the website or any of its contents, including (but not limited to) any costing tools contained within the website.
6.2 The company is committed to maintaining accurate and undisrupted information on its website. However, it does not accept liability or responsibility if the data, material and information on the Website is inaccurate or for technical mistakes or typographical errors and omissions should they appear on its website. In addition, for maintenance purposes, its website may become unavailable should this occur we will not accept liability for any losses that result from this action.
6.3 We do not monitor, verify or endorse data, material and information submitted or provided by third parties which is included on the Website and provided as indicative prices for finance products and you should be aware that such information may be inaccurate, incomplete or out of date. In particular, we do not monitor, verify or endorse the information or quotations collected from the product and service providers as presented to you on the Website. We are not responsible for any data, material or information included on the Website which has been provided by third parties.
6.4 We will not be liable for any damages (including, without limitation, damages for loss of business projects, or loss of profits) arising in contract, tort or otherwise from the use of or inability to use the website, or any of its contents, or from any action taken (or refrained from being taken) as a result of using the financeacar website or any such contents. We make no warranty that the contents of the website are free from infection by viruses or anything else which has contaminating or destructive properties.
6.5 The vehicle specifications displayed on the website are supplied by the vehicle manufacturers to CAP and formatted for our use. Whilst every effort is made to verify and ensure the accuracy of the data, the information should only be used as a guide and no purchasing decision should be made without verification of the latest data from either the manufacturer or franchised dealer. All images on the website are for illustration purposes only.
6.6 The Company will under no circumstance be liable for indirect, special, or consequential damages including any loss of business, revenue, profits, or data in relation to your use of the Website.
6.7 We are not responsible or liable for any indirect losses or damages suffered or incurred by you or for any losses or damages suffered or incurred by you which were not foreseeable by us when you accessed or used the Website.
6.8 Some of our channels will provide you with access to third party websites who will host reviews about some of the products and services available. In some instances you may also be able to access user reviews directly on the Website. Regardless of whether you are transferred to a third party's website or read a user review on the Website, the views expressed therein do not represent our views or the views of our associated companies and we are not responsible or liable for the accuracy or content of any such views or expressions.
6.9 The information is provided on the understanding that the website is not engaged in rendering advice and should not be wholly relied upon when making any related decision.
6.10 The information contained with the Website is provided on an as is basis with no warranties expressed or otherwise implied relating to the accuracy, fitness for purpose, compatibility or security of any components of the Website.
6.11 You can apply for and buy a number of products and services via the Website. Please be aware that the products and services that appear on the Website are not provided by us and are provided by third parties over whom we do not have control. You should satisfy yourself that you wish to purchase those products or services before contracting with the third parties. We accept no liability for any products or services or information provided by third party providers. The third party providers will be supplying products and services on their own standard terms and conditions and you should check that you agree to those terms and conditions before making an application for financial services products or purchasing other services.
6.12 As you view the Website there may be references to specific terms and conditions which apply to certain products or services. In such circumstances, it is your responsibility to refer to such terms and conditions applicable to those offers.
6.13 The Website may contain hyperlinks to websites operated by other parties. We do not control such websites and we take no responsibility for, and will not incur any liability in respect of, their content. Our inclusion of hyperlinks to such websites does not imply any endorsement of views, statements or information contained in such websites.
7.0 Change of terms
The Company reserves the right to change or alter their Terms and Conditions without notification. By using the website following any changes to the terms, you agree to be bound by the changes. We advise users to regularly check the Terms and Conditions of this agreement. The Company has complete discretion to modify or remove any part of this site without warning or liability arising from such action.
8.0 Deposit & introductory fee
8.1 The Company may require you to pay an Introductory Fee (as discussed in 8.2) and/or a Deposit.
8.2 An Introductory Service commences when you start to use the website. However, an Introductory Fee would only be charged to you if you have agreed to be introduced to a lender and informed that a fee will be charged for that introduction. In the circumstances that you use the services of a Partner Entity, the fee paid to the Partner Entity is the responsibility of that Partner Entity and the subject of a separate agreement between the you and that Partner Entity and the Company has no involvement in that transaction whatsoever.
8.3 In the event that an “Introductory Fee” is agreed by you and then charged to you by the Company, then the Company's Introductory Service terminates at the point of the introduction of you to a lender or Partner Entity. As such the customer will agree to waive any cancellation or refund rights afforded to them under the Consumer Protection (Distance Selling) Regulations. The Company may nonetheless, at its discretion refund all or part of the introductory fee if the lender declines to offer the customer finance.
8.4 In the event that the Company chooses to assist you further than the introduction to a lender, and processes your enquiry to a full application for finance with a UK lender, you may be asked to pay an upfront deposit before the Company processes the full application with the lender. This deposit will be a part payment of the total amount payable by you for the finance, and is not an additional charge. It will be refundable should the application be rejected by the lender. However, should you cancel the vehicle prior to delivery through no fault of the Company, this deposit will be non-refundable except in special circumstances.
8.5 The information supplied to the Company by you in advance of it submitting a proposal to a third party UK lender or third party Partner Entity must be accurate; failure to supply accurate information will result in the customer losing their cancellation and refund rights with the Company. Any such refund must be requested in writing and will be refunded (if rightly due) within 30 days to the same credit or debit card that was originally used.
9.0 Beyond the company's control
The Company makes reasonable endeavours to fully comply with its Terms and Conditions although it is not accountable for a failure to do so as a result of circumstances beyond its control such as acts of god, war, civil disorder or industrial disputes.
10.0 Governing law and jurisdiction
The financeacar website is for use by persons located and resident within the United Kingdom, including Northern Ireland, the Channel Isles and the Isle of Man. In some circumstances, the Company or Third Party Partners may not be able to facilitate finance for residents outside mainland United Kingdom such as Northern Ireland, the Channel Isles and the Isle of Man. Accordingly, these Terms and Conditions are implemented and governed by English Law and will be subject to the exclusive jurisdiction of the English Courts without reference to rules governing choice of laws.
11.0 Severance
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall remain in force.
12.0 Intellectual property
The copyright and all other intellectual property rights in the material contained in the Website, together with the website design, text and graphics, and their selection and arrangement, and all software compilations, underlying source code and software (including applets) belongs to the Company or a Partner Entity or licensor. All rights are reserved. None of this material may be reproduced or redistributed without the Company’s prior written permission. You may, however, download or print a single copy for your own non-commercial off-line viewing.
All rights in financeacar.co.uk are owned by the Company. Other product and company names mentioned on this Website are the trademarks or registered trademarks of their respective owners. You shall retain ownership of the data you submit to the Website. You grant the Company a world-wide, royalty-free, non-terminable licence to use, keep, share, save, collect, copy, distribute, publish and transmit such data in any manner.
13.0 Telephone calls
Telephone calls that you make to our customer service help line may be manned by a Partner Entity and may be monitored or recorded. This will help us to train our staff and improve our service to you. A recording will only be used under proper and careful supervision. Our customer service help line is available during normal business hours and if you call that number you agree to these terms and conditions.
14.0 Complaints
The company is committed to providing a good service. However, should there be any reason for complaint it will try to resolve the issue as quickly and as fairly as possible. The time scale of any dispute varies depending on circumstance and the Company will use reasonable endeavours to keep you informed of progress as well as sending you confirmation that it has received your complaint. To submit a complaint, please write to:
Customer Services Team, Smart Car Finance Ltd. – FinanceAcar, Second Floor, Cardiff House, Tilling Road, London, NW2 1LJ, United Kingdom
or e-mail us at feedback@financeacar.co.uk
If you are unhappy with any product or service that you have been introduced to through any of our channels, we recommend that you approach the provider of that product or service direct. If you require any finance company's contact details, please contact our Customer Services Team who will be happy to assist.
