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"We believe
buying a vehicle should be a pleasurable experience, not
a stressful one!"
Financial Services Authority
Approved 300676
Related Links
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Terms and
Conditions
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1 |
Express Credit Limited |
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The Website
("the Website") is offered by Express Credit Limited (referred to as
"ECL", "we", "us", or "our") whose registered office is at 4 Wolverhampton St,
Darlaston,WS10 8QU in relation to the
[credit services] provided by ECL (the "Service"). These Terms and
Conditions set out our terms of use of the Website and incorporate our
Privacy Policy which explains how we use any information we collect
about you and/or any joint applicant (together "you"). |
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2 |
What you do |
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2.1 |
You must
read through these Terms and Conditions including our Privacy Policy
and, in particular you must check paragraph 7 (Direct marketing)
of the Privacy Policy. |
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2.2 |
If you
do not accept these Terms and Conditions you are not permitted to
use this Website. Please click the "I accept button" if you agree to
these Terms and Conditions and Privacy Policy and wish to continue. |
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3 |
You use of
the Website and Third Party Websites |
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3.1 |
By using
our Website you will be able to access third party Websites.
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3.2 |
We do
not control such third party Websites, and are not responsible for
their content. When you access third party Websites, you do so at
your own risk. Your use of each third party Website is subject to
the terms of use and other guidelines, if any, contained within each
respective third party Website. |
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3.3 |
You
agree to click on the links to, and familiarise yourself with, the
terms of use and other terms and guidelines found throughout this
Website, third party sites and abide by them if you choose to use
the sites, pages or services to which they apply. |
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4 |
Personal Use
Limitation |
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4.1 |
You may
use the Website for personal and private (non-commercial)
use only. |
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4.2 |
You may
only use the Website for legal purposes and are forbidden to:
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4.2.1 |
access, download, copy, publish, distribute or disseminate any
material which is: |
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4.2.1.1 |
defamatory, obscene, indecent, menacing or which may incite
anxiety, racial prejudice or hatred; or |
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4.2.1.2 |
comprising any material which infringes third party
Intellectual Property Rights; |
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4.2.2 |
access any unauthorised on-line gambling sites (including
betting, gaming and bingo pursuant to the Gaming Act 1968);
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4.2.3 |
distribute or disseminate a software virus or any other
destructive or harmful software file or programme; |
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4.2.4 |
send
"spam" or other unsolicited bulk email; and/or |
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4.2.5 |
hack
into any part of the Website and/or third party website. |
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5 |
Subscriptions/Purchases |
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5.1 |
[You
agree to pay for any goods and/or services ordered from the Website
including all VAT and/or applicable governmental tax or levy.] |
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6 |
Warranty |
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6.1 |
ECL
makes no warranties and/or representations about the suitability of
the information provided to you as part of the Service, including
but not limited to any information published on this Website. All
such information is provided on an "as is" basis without warranty of
any kind. ECL hereby disclaims all warranties and conditions with
regard to this information, including all implied warranties and
conditions of satisfactory quality, fitness for a particular
purpose, title and Intellectual Property Rights non-infringement. |
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6.2 |
Please
note that the information provided to you on the Website, could
include technical inaccuracies or typographical errors. Changes are
periodically added to the information herein. We may make
improvements and/or changes in the Website. |
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6.3 |
[ECL
makes no representations whatsoever about any third party website
which you may access. When you access a third party website, please
understand that it is independent from ECL, and that ECL has no
control over the content on that website. In addition, a link to a
third party website does not mean that ECL endorses or accepts any
responsibility for the content, or the use, of such website.]
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7 |
Limitation
of Liability |
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7.1 |
For the
avoidance of doubt, we do not limit our liability for death or
personal injury to the extent only that it arises as a result of our
negligence or the negligence of our affiliates, directors, employees
or other representatives. |
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7.2 |
While we
attempt to ensure that the information available on the Website is
accurate, we cannot guarantee that it will always be fault free. We
endeavour to correct errors and omissions as quickly as practicable.
We do not accept liability for any such errors and omissions. |
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7.3 |
You
agree that ECL will not be liable to you for any losses whatsoever
suffered by you, arising out of or related to the Service (including
without limitation liability for contract and/or tort and/or
negligence). Without prejudice to the foregoing statement, in the
event that ECL is held liable for any such losses, ECL's liability
shall be limited to damages which shall in no event exceed [£100].
You agree that ECL shall not be liable for special, indirect or
consequential loss or damage (including without limitation, damages
for loss of data, business or profits) arising in connection with
this Website, your use of it, your inability to use it, any failure
to perform, error, omission, delay, failure to transmit, computer
virus or other malfunction and will not be so liable even if you
advise us of the possibility of such loss.
You agree to indemnify, defend and hold harmless ECL and its
affiliates from and against any and all losses, claims, demands,
liabilities, damages, costs and expenses (including without
limitation reasonable legal fees) arising from or relating to (i)
your use of the Website, (ii) your breach of these Terms and
Conditions or (iii) your violation of any applicable law, statute,
regulation or any third party's rights. This obligation shall
survive the termination of this agreement. |
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7.4 |
In no
event shall ECL be liable for any special, indirect or consequential
damages or any damages whatsoever resulting from loss of use, data
or profits, whether in an action of contract, negligence or other
tortuous action, including any Intellectual Property Rights
infringement actions arising out of or in connection with the use of
information available on this Website, the performance of software,
and/or the provision of or failure to provide the Website including
but not limited to any disclosure of your personal data by you to
any third party via the Website or the obtaining of any third party
personal data and/or Website content. |
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7.5 |
In no
event will ECL be liable to any third party for any direct,
indirect, special or other consequential loss or damage for any use
of this Website [or third party Websites, or on any other hypertext
linked Website,] including, without limitation, any lost profits,
business interruption, loss of programs or other data or otherwise,
even if we are expressly advised of the possibility of such damages. |
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7.6 |
We have
the right without liability to change descriptions and
specifications in relation to the Service. |
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8 |
Intellectual
Property Rights |
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8.1 |
All
Intellectual Property Rights in the ECL Website including its
design, text, graphics, know-how, the selection and arrangement
thereof, and all software compilations, underlying source code,
software and all other material on the Website are reserved to ECL.
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8.2 |
You are
not permitted to copy, broadcast, download, store (in any medium),
transmit, adapt or change in any way the content of the ECL Website
for any other purpose whatsoever |
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8.3 |
For the
avoidance of doubt, you are prohibited from copying any material in
accordance with clause 8.2 above which infringes third party
Intellectual Property Rights and you will be solely responsible for
any infringement of third party Intellectual Property Rights that
occurs as a result of your use of the Website. |
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9 |
General |
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9.1 |
The
information contained in the material on the Website is provided to
inform you of our Services and for you to provide us with your
information so that we can assess whether we can assist you further.
[By permitting the use of the Website we do not hold ourselves out
as providing any legal, financial or other advice.] [We do not make
any recommendation or endorsement as to any investment, advisor or
other service or product or to any material submitted by third
parties or linked to the Website.] [In addition, we do not offer any
advice regarding the nature, potential value or suitability of any
particular investment, security or investment strategy.]
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9.2 |
You and
any joint applicant will need to enter into a written credit
agreement with ECL once ECL has made an initial assessment of your
creditworthiness, before credit can be given to you. |
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10 |
Law |
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All disputes
arising out of or relating to the use of the Website will be governed by
English law and all parties agree to submit to the exclusive
jurisdiction of the English courts. For the avoidance of doubt, this
applies to the Privacy Policy set out below. |
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PRIVACY
POLICY
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1 |
Introduction |
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1.1 |
We are
committed to protecting the privacy of visitors to the Website in
accordance with the Data Protection Act 1998 (the "Act") and we
follow the guidelines provided by the Information Commissioner.
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1.2 |
This
Privacy Policy explains how we may collect personal data and how we
use the information we may collect about you. |
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2 |
Information
we collect about you |
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2.1 |
We only
collect information which is necessary for the operation of the
provision of our Service to you. We will not keep your personal data
for longer than necessary to provide the Service, or as required by
law. |
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2.2 |
We
collect personal data from you via this Website and from third party
sources, in order to assess your application for credit. In
considering your application, the main activities we undertake, are
as follows: |
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2.2.1 |
assessment of your repayment performance under any previous
credit agreement; |
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2.2.2 |
checking of any records held about you in relation to any
insurance claims made by you; |
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2.2.3 |
undertaking credit services and/or other automated decision
making process; and |
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2.2.4 |
checking of your information with fraud prevention agencies to
prevent fraud, including money laundering, to recover debt, and
to carry out statistical analyses. |
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3 |
Disclosure
to Third Parties |
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3.1 |
In the
provision of our Service to you, we disclose your information (some
of which will include sensitive personal data - e.g. about your
health, alleged offences etc) to the following third parties who
will provide us with further information about you, such third
parties may also be required to disclose your information to
selected third parties in relation to this application, and as
required by law: |
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3.1.1 |
one
or more Credit Reference Agencies; |
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3.1.2 |
corporate groups and/or affiliate companies, including but not
limited to Express Car Credit Limited; |
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3.1.3 |
any
other creditor in the context of your current application form
to assist you in your application; |
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3.1.4 |
** |
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3.1.5 |
any
collector or tracing agent, to any company, business or
intermediary associated with us to recover debt; and/or |
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3.1.6 |
any
prospective purchaser of our company, including but not limited
to sale of our assets in the event of ECL going into insolvent
liquidation or having a Receiver or Administrator appointed over
its assets. |
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Such
disclosures enable us to assess your application. |
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4 |
Additional
Disclosures |
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4.1 |
We may
provide aggregated demographic statistics and other related
information to third parties but these statistics will not contain
any information which could be used to identify any individual
customer. |
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4.2 |
We
reserve the right to access and disclose to third parties any
information to comply with applicable laws, including but not
limited to, disclosure in accordance with the Act, the Regulation of
Investigatory Powers Act 2000 and lawful authority requests, to
safeguard the proper operation of our systems and to protect
ourselves and our customers/prospective customers. |
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5 |
Protection
of personal information |
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We use our
reasonable endeavours, including up to date industry procedures, to
protect your private use of the Website and to secure such use from
unauthorised access, use, disclosure or loss or your personal data.
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6 |
Children |
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You must be
over the age of 18 to use this Website. Children are not permitted to
use this Website. |
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7 |
Direct
Marketing |
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7.1 |
We may
contact you by post, telephone and/or email (or such other channel
we may adopt from time to time) about services and/or products
offered by us, or by other group companies which we consider to be
of interest to you. |
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7.2 |
We may
provide your information to selected third parties who may contact
you by post, telephone and/or email (or such other channel they may
adopt from time to time) with information which may be of interest
to you. |
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8 |
Data
Protection Compliance Officer |
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Please
contact our Data Protection Compliance Officer if you have any queries
about how we use your personal data
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