Terms and conditions
IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS DO NOT USE THE OUR SERVICE.
The Terms and Conditions set out on this page (“Terms”) govern the way in which you can use our products and services. No alterations can be made to these terms and conditions without our specific agreement to the changes confirmed in writing by an authorised person.
In these Terms “we/us/our” means Carfinance Plan Limited trading as Carplus, a limited company registered in England under company number 09664343, registered at 5 Chancery Lane, London WC2A 1LG and includes its officers, employees, agents and subcontractors
This page also tells you about the terms on which you may use the publicly available areas of our website carplus.co.uk (“Site”). Please read these Terms carefully and ensure you understand and accept them before you start to use our Site. By using our Site, you indicate that you accept these Terms and that you agree to abide by them.
1. Using Our Service
- The service we provide via this Site is assistance to Site users to access finance which may be appropriate for them to use for buying motor vehicles (“Service” or “carplus.co.uk Service” as further defined in clause 5 below). In this respect we act as a service provider. We are not a broker or finance company and do not offer finance ourselves. The responsibility for deciding whether you can afford to contract with a finance option provided to you via our Service rests with you as only you are best placed to determine this.
- The use of the Service is governed by these Terms. In these Terms we may also refer to other policies or terms which also apply to your use of the Site and the Service.
- We will not charge you a fee but we may receive a fee from third parties (such as brokers or lenders) concerning our connecting you with them by your use of the Service (“Fee”).
- If you decide to proceed with any third party provider of finance, you will be required by that third party to enter into another legally binding agreement with separate terms and conditions with that third party. Do not proceed if you do not wish to be bound by those terms and conditions. We are not a part of or party to those third party terms and conditions.
- Your use of the Site and the Service is for you personally and is not available for your commercial use. You are not permitted to use the Site or Service for any illegal, immoral or fraudulent purpose.
2. Your information
- Carplus and our panel of lenders and service providers will use your personal information including your personal data and data we obtain from other sources to consider your application, including carrying out full credit searches to ensure that the services we offer are tailored to your needs and interests. Potential lenders may contact you by email, telephone, mail, SMS or other electronic messaging service with offers of products or services that may be of interest to you.
3. Intellectual property
- We are the owner or the licensee of all trade marks, and all other marks, trade names, brand names, business names, illustrations, images, logos, registered or unregistered designs, copyrights and other intellectual property rights (“IP Rights”) which appear on our Site and in the material published on it.
- You may use these rights and the material solely for the purpose of using our Site in accordance with these Terms. You may not copy, reproduce, republish, download, post, broadcast, transmit, make available to the public, or otherwise use any content on our Site in any way except for your own personal, non-commercial use.
4. Linking to our site
- You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
- Our Site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with applicable local, national or international law, regulation and good industry practice.
- In the Terms, save where the context requires otherwise, the following words and expressions have the following meaning:
- “Account” means the Client’s account on the carplus.co.uk Service;
- “Agreement” means the agreement between the Client and us comprising the Application and the Terms;
- “Application” means the application form filled in and submitted electronically at [insert page from Site];
- “Client” means the person identified in the Application;
- “Client Data” means the content and data provided to us by or for the Client as a result of completing the Application, or using the Site;
- “Confidential Information” means information which is identified as confidential or proprietary by either party or by the nature of which is clearly confidential or proprietary;
- “Carplus Service” means that the service we provide to Clients via the Site whereby we circulate the information which the Client provides to us to brokers, lenders and any other agencies we think may be able to help the Client with vehicle financing.
6. Client’s promises to us
By using the Site or Service, the Client confirms and warrants to us that he/she:
- has the right to enter into an Agreement with us;
- is over the age of 18 years;
- will have only one Account with us;
- will create and use a username which will not be offensive, nor will it suggest that the Client is someone else or that the Client represents a trade or brand name (and in connection with this understands and agrees that we have the right to insist that the Client changes a username if we reasonably require);
- won’t use robots, spiders, scrapers or similar things on our Site;
- won’t try to get around any things we put on the Site to stop or limit access to parts of it;
- won’t do anything that might cause our systems to crash;
- won’t steal the Site or any part of it for use in any other site or application;
- won’t breach our IP Rights, nor copy imitate or use the trademarks and/or designs and/or layout or anything else which would usually amount to intellectual property which we own;
- won’t attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Site or Service in any form or media or by any means;
- will only provide us with information which is true and accurate.
- We do not guarantee that any loans or other products or services offered to you through the Site or by using the Service will meet your requirements. In connection with loans, we help you to find a loan from a lender on our panel of lenders based on the information you provide us in the Application.
- If you provide us with information which is incorrect or incomplete we cannot be held responsible for any complaints or claims from you arising in connection with this. the decision as to whether you wish to proceed with finance offered by any third party by using the Service is yours. If you have any doubts or queries as to whether you should proceed, do not do so before taking professional advice.
- We do not warrant that your access to the Site will be uninterrupted, unrestricted, timely, secure and error-free, or that the Site and the server are free of computer viruses or other harmful applications. If a fault occurs in the Service you should report it to us and we will attempt to correct the fault as soon as we reasonably can.
- We may suspend, restrict or terminate your access to the Site at any time. To the fullest extent allowed by applicable law we hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and which are not expressly set out in these Terms, and the Site is provided “as is”.
We do not accept any liability for either:
- any loss of income or revenue, loss of business or loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time however arising and whether caused by tort (including, without limitation, negligence), breach of contract or otherwise even if foreseeable; or
- any indirect or consequential loss or damage of any kind however arising and whether caused by tort (including, without limitation, negligence), breach of contract or otherwise, even if foreseeable.
- Our maximum liability to you, however arising in connection with your use of the Site or the Service or otherwise will not exceed the sum of £100 (this figure taking into account the fact that we do not charge you for our services).
- You agree to indemnify us and keep us indemnified from and against all losses, liabilities, costs (including legal costs) and expenses reasonably suffered or incurred by us, all damages awarded against us under any judgment by a court of competent jurisdiction and all settlements or sums paid by us as a result of any settlement agreed by us arising out of or in connection with:
- any breach by you of any of these Terms and Conditions; or
- any contract or arrangement between you and a third party which is formed directly or indirectly through use of the Site or the Service.
- We do not represent that the Site, the material on the Site or the Service is appropriate or available for use outside the United Kingdom. If you choose to access the Site from any location outside the United Kingdom, you do so at your own risk and it is your responsibility to ensure compliance with all foreign and local laws and requirements.
- We will not be liable or responsible for the return of any deposits or other amounts left with or paid to any third party (specifically car dealers) in connection with any loans or other products or services offered to you through the Site or by using the Service. Your sole recourse in respect of any action for the return of any such amounts due to you in this respect will be against the relevant third party and all liability of us, our officers, employees, agents and subcontractors (howsoever arising) is excluded to the fullest extent permitted by law.
8. Law and jurisdiction
- The Agreement, the Service and your use of the Site shall be governed by and construed in accordance with English law and each party hereby submits to the exclusive jurisdiction of the English courts.
- If you have any concern or complaint about our Site or the Service please raise it with us by using our Complaints Policy.