THE PRIVATE AND COMMERCIAL FINANCE PROPOSAL SYSTEM AND WEB-SITE AGREEMENT BETWEEN USER AND PRIVATE AND COMMERCIAL FINANCE
This Proposal System and Web site is offered by PCF Portfolio Management Limited (Registered in England – Company Number 01774545) acting on behalf of itself and its associated companies, Private and Commercial Finance Company Ltd (Registered in England – Company Number 01015704), PCF Asset Finance Limited (Registered in England – Company Number 03766998), PCF Leasing Limited (Registered in England – Company Number 02049753), PCF Credit Limited (Registered in England – Company Number 01775045), PCF Business Finance Limited (Registered in England – Company Number 02036087), PCF Financial Leasing Limited (Registered in England – Company Number 02036088), Private & Commercial Finance Group plc (Registered in England – Company Number 02863246) and PCF Equipment Leasing Ltd (Registered in England – Company Number 07909871), (trading as "Private and Commercial Finance" and referred to jointly and severally as Private and Commercial Finance, “we” or “us” in these terms and conditions), as a service to you, the User on the following terms and conditions and any and all other notices, rules, guidelines and conditions stated elsewhere in the Web site, all of which are incorporated by reference (the "Terms"). In consideration of your use of the Web site, you agree that your use of this Web site and/or your acceptance without modification of the Terms constitutes your agreement to all such Terms. Unless explicitly stated to the contrary, each new product or service we may add from time to time to the Service shall be subject to the Terms.
If you do not agree with the Terms then you are not authorised to use this Web site.
This Web site is only intended for use by residents of Great Britain or businesses which are incorporated in or have their principal place of business in Great Britain. If you do not fall into one of these categories, you are not authorised to use the Web site.
You may only use this Web site for the purposes of: (i) accessing information about Private & Commercial Finance Group plc, or (ii) submitting proposals or accessing information in relation to the making of loans or the sale, purchase, financing, hiring or insurance of motor vehicles and other goods or services, plant equipment or machinery in accordance with the Terms. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or otherwise use for any commercial purpose any information, products or services obtained from this Web site, including, but not limited to information obtained from any credit reference agency or fraud prevention agency. Private and Commercial Finance shall be entitled to make changes to the Web site at any time without notice - this may include removal of processing or search facilities or other content at Private and Commercial Finance's discretion. Private and Commercial Finance also reserves the right at any time and from time to time without responsibility for any loss or expense which any person may sustain or incur, to suspend, modify or discontinue either temporarily or permanently any part or the whole of the Website and/or any products or services offered through it.
COPYRIGHT AND TRADEMARK NOTICES:
The Private and Commercial Finance logo is used under licence from Private & Commercial Finance Group plc. Other product and company names mentioned or referred to in the Web site may be the trademarks of their respective owners. Photographs and other content submitted by Users may be subject to the intellectual property rights of such users or third parties.
Where you submit information and/or photographs for inclusion on the Web site as part of the service or otherwise, you are responsible for obtaining all necessary clearances and permissions from third parties where necessary to allow such content and information to be used. By submitting these, you will be deemed to have licensed these to us for the purposes of providing and maintaining the Web site and retaining records of the use and operation of the Web site. Where you are asked to provide information or data in our registration or proposal form and elsewhere on this Web site, you agree to ensure that this is accurate, complete and not misleading and will update this as necessary to ensure that this remains the case if you continue to use the Web site.
Subject as stated above, all contents of this web site are: Copyright © Private & Commercial Finance Group plc.
PCF Portfolio Management Limited and its associated companies mentioned above (herein called "Private and Commercial Finance") are subsidiaries of Private & Commercial Finance Group plc, a company registered in England and Wales with company number 2863246, whose registered offices are at Pinners Hall, 105-108 Old Broad Street, London EC2N 1ER.
By accepting the Terms you are consenting to the collection, use and disclosure of data, including data regarding not only the user or applicant but also people with whom the user or applicant is financially associated, on the following terms.
If you are applying for finance on behalf of another person you warrant that you have obtained their clear and informed consent to the matters described below.
If you are applying for finance on your own behalf you give your consent to the matters described below.
You agree and warrant that you and any person on whose behalf you are applying for finance have/has agreed that Private and Commercial Finance may search your record and that of any person on whose behalf you are applying for finance, including any person with whom the applicant is financially associated, at credit reference agencies. They will add to the record of the person searched, details of the search and the application and this will be seen by other organisations that make searches.
Private and Commercial Finance may use credit scoring or other automated decision making systems when assessing the application.
It is important that the information given to us is accurate, complete and not misleading. You warrant the accuracy of all information provided as part of or in connection with a proposal submitted using this web-site. We will check your details and/or the details of any person on whose behalf you are submitting a proposal and those of any director, partner or guarantor, with fraud prevention agencies and, if you give us false or inaccurate information and we identify or suspect fraud, we and they will record this.
Your record and/or that of any person on whose behalf you are submitting a proposal will be shared with other organisations both in the United Kingdom and from other countries including law enforcement agencies and may be used by us and them, for example to:
We and the credit reference agencies and fraud prevention agencies may also use your record and those of any director, partner or guarantor for statistical analysis about credit and about insurance and fraud.
Fraud prevention agency records will also be shared with other organisations and may be used by us or them to help make decisions on motor household, credit, life and other insurance proposals and insurance claims, for you and/or the applicant and members of your or their household.
The details of the credit reference and fraud prevention agencies from whom we obtain and to whom we pass information can be obtained by contacting our customer services department at the address stated above or by e-mail to email@example.com.
Private and Commercial Finance may hold and process, by computer or otherwise, any information about you or any person on whose behalf you are submitting an application obtained as a consequence of your use of this Web site and/or any resulting or ancillary agreement or your or their conduct of any agreement between you or them and Private and Commercial Finance ('Personal Data') for the purposes of
a) crime prevention, tracing debtors and recovering monies owed
b) offering you, or any person on whose behalf you are submitting an application, further financial, insurance or other services
c) considering applications for finance by you or them or any member of your or their household and implementing or performing any such ancillary or resulting agreement mentioned above
d) Private and Commercial Finance's funding or securitisation arrangements
e) customer satisfaction surveys or offers of both current and future products or services whether by Private and Commercial Finance or any third party
f) insurance claims or placing of insurance
g) operating the Web site and maintaining records in relation to the Web site; analysing the use of the Web site and visiting patterns; matching user information with third party data in order to produce aggregated statistics and/or personalising the Web site and we shall be entitled to disclose Personal Data to the following persons or organisations:-
a) to credit reference or fraud prevention agencies
b) to any person who may assume Private and Commercial Finance's rights or intends to do so, to legal advisers and tracing or collection agents or sub contractors or governmental or local authorities
c) to business partners or associated companies of Private and Commercial Finance or to other parties selected by Private and Commercial Finance to enable them to offer you other services or products.
d) to law enforcement agencies, Regulatory Authorities or anyone else to whom we are legally obliged to disclose the relevant Personal Data
e) to anyone acting on your or their behalf or reasonably believed to be so acting
f) to any guarantor of your or their obligations
g) to any insurer of your or their obligations or of any goods or services provided
h) to any sponsors, business partners, advertisers or other third parties offering or advertising services or products on the Web site from time to time
i) to any other person Private and Commercial Finance may reasonably decide from time to time
We shall also be entitled to use and publish site analysis statistics and aggregated user data as we deem appropriate provided that you or they as an individual cannot be identified from such statistics and aggregated data.
Where we have referred to future contact with you or them, for example, to offer further products or services, you or they may be contacted by e-mail, SMS, personal visit, telephone, letter, fax or other reasonable means of communication.
If at any time you or they do not wish to receive offers of other products or services, or wish to specify or change the means of communication by which you can be contacted, you or they can so specify by writing to Private and Commercial Finance's Customer Services Department at the address specified above or by e- mail to firstname.lastname@example.org
The applicant will be able to obtain a copy of information Private and Commercial Finance may hold about them by writing to Private and Commercial Finance's Customer Services Department at the address of Private & Commercial Finance Group plc specified above or by e- mail to email@example.com. Provision of such information may be subject to payment of a fee.
NOTHING IN THIS WEB-SITE CONSTITUTES AN INVITATION OR RECOMMENDATION TO INVEST IN OR SUBSCRIBE FOR, PURCHASE, SELL OR OTHERWISE DEAL IN ANY SECURITIES, STOCKS OR SHARES WHETHER IN PRIVATE & COMMERCIAL FINANCE GROUP plc OR OTHERWISE. THE WEB SITE AND ANY AND ALL SERVICES PROVIDED THROUGH THE WEB SITE BY PRIVATE AND COMMERCIAL FINANCE ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS AND WITHOUT PREJUDICE TO THE GENERALITY OF THE FOREGOING. PRIVATE AND COMMERCIAL FINANCE (AND ITS SUPPLIERS AS THE CASE MAY BE) ACCEPT NO RESPONSIBILITY OR LIABILITY FOR AND GIVE NO WARRANTY AND MAKE NO REPRESENTATIONS IN RESPECT OF THE FOLLOWING MATTERS.
(A) THE ACCURACY OR COMPLETENESS OF INFORMATION PUBLISHED ON THIS WEB SITE AND IN PARTICULAR NO WARRANTY IS GIVEN THAT SUCH INFORMATION WILL BE ERROR FREE AND THE USER ACKNOWLEDGES THAT THE INFORMATION, PRODUCTS, AND SERVICES PUBLISHED ON THIS WEB SITE MAY INCLUDE INACCURACIES, OMISSIONS OR TYPOGRAPHICAL ERRORS.
(B) THE SUITABILITY, QUALITY OR FITNESS FOR PURPOSE OF ANY GOODS, INFORMATION, PRODUCTS, AND/OR SERVICES OFFERED ON THIS WEB SITE FOR ANY PURPOSE AND/OR THE TITLE OF ANY PARTY OFFERING GOODS, INFORMATION, PRODUCTS OR SERVICES FOR SALE TO SUPPLY SUCH GOODS, INFORMATION, PRODUCTS OR SERVICES.
(C) THE NON-INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS
(D) THAT THE SERVICE PROVIDED THROUGH THIS WEB SITE WILL BE UNINTERRUPTED, TIMELY OR SECURE
(E) THAT THE WEB SITE AND/OR SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS
(F) THAT ANY MATERIAL DOWNLOADED WILL BE VIRUS FREE, IT BEING YOUR RESPONSIBILITY TO CHECK FOR VIRUSES
(G) ANY DELAY OR INABILITY TO USE THIS WEB SITE
(H) ANY INFORMATION, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEB SITE
WITHOUT PREJUDICE TO THE FOREGOING, PRIVATE AND COMMERCIAL FINANCE AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, TERMS AND CONDITIONS WITH REGARD TO SUCH GOODS, INFORMATION, PRODUCTS, AND SERVICES, INCLUDING BUT NOT LIMITED TO ALL WARRANTIES, TERMS AND CONDITIONS, IMPLIED OR EXPRESSED BY STATUTE, COLLATERALLY OR OTHERWISE.
WITHOUT PREJUDICE TO THE FOREGOING, IN NO EVENT SHALL PRIVATE AND COMMERCIAL FINANCE AND/OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEB SITE OR ANY OF THE FOREGOING MATTERS, WHETHER BASED ON CONTRACT, TORT, DELICT, STRICT LIABILITY OR OTHERWISE, EVEN IF PRIVATE AND COMMERCIAL FINANCE HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
THIS DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER AND THE ABOVE TERMS APPLY EXCEPT INSOFAR AS LIABILITY CANNOT BE EXCLUDED BY LAW.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of this web site, you warrant to Private and Commercial Finance that you will not use this Web site for any purpose that is unlawful or prohibited by these terms, conditions and notices.
LINKS TO THIRD PARTY SITES
This Web site may contain hyperlinks to web sites operated by parties other than Private and Commercial Finance. Such hyperlinks are provided for your reference only. Private and Commercial Finance does not control such web sites and is not responsible for their contents. Private and Commercial Finance's inclusion of hyperlinks to such web sites does not imply any endorsement of the material on such web sites or any association with their operators.
MODIFICATION OF THESE TERMS AND CONDITIONS
Private and Commercial Finance reserves the right to change the Terms under which this web site is offered and you should check the current version of the Terms prior to undertaking any transaction. This right shall not affect the existing Terms accepted by you upon undertaking a legitimate transaction using this Web site.
This agreement is governed by the laws of England. You hereby consent to the exclusive jurisdiction of the English courts in all disputes arising out of or relating to the use of this web site. Use of this web site is unauthorised in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.
You agree that no joint venture, partnership, employment, or similar relationship exists between you and Private and Commercial Finance as a result of this agreement or use of this web site.
You agree and warrant that you have not taken and will not take a fee from any person you propose to Private and Commercial Finance for arranging finance or insurance for them and also that you have informed any person you propose for finance or insurance that you may receive an introductory fee from Private and Commercial Finance or an intermediary.
Private and Commercial Finance's performance of this agreement is subject to existing laws, Regulations made by Regulatory Authorities, such as the Financial Conduct Authority and to legal process, and nothing contained in these Terms is in derogation of Private and Commercial Finance's right to comply with law enforcement requests or requirements (including those of Regulatory Authorities) relating to your use of this Web site or information provided to or gathered by Private and Commercial Finance with respect to such use.
If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms shall continue in effect.
The agreement constituted by your acceptance of the Terms constitutes the entire agreement between the user and Private and Commercial Finance with respect to this Web site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the user and Private and Commercial Finance and with respect to this Web site. A printed version of such agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
You will be responsible for all charges, fees, duties, taxes and assessments arising out of your use of this Web site or any credit card or other payment facility.