Part 1: General use of Site
1.1 The website www.instantcarfinance.co.uk (“the Site”) is a Site operated by Instant Car Finance (“We, Instant Car Finance”). By accessing and using the Site you agree to be bound by and to act in accordance with these Terms and Conditions (together with the documents referred to in it) (together the “Terms”). We may amend Part 1 of these Terms at any time without prior notice. You are expected to check these Terms from time to time and your continued use of the Site will mean that you accept any amendments to Part 1 of these Terms.
1.2 When you apply for particular services advertised on our Site, Part 2 and/or Part 3 of these Terms (as applicable) shall apply accordingly.
1.4 If you believe any material on the Site is inaccurate or intellectual property belonging to you or a third party has been improperly posted on the Site, please let us know by sending an email to us via the contact page.
2 About the Site
2.1 The Site is a medium for providing information and access to products and services of third parties related to cars including new and used car loans. Part 2 of these Terms below shall apply in respect of applications for loans and other financial products.
2.2 The Site also advertises vehicles for sale by third party sellers on our web application referred to in these Terms as the “Car Search Portal”. Part 3 of these Terms below shall apply in respect of the use of our Car Search Portal by customers and where customers register via the Site for “Instant Car Finance.
3 Links and third party material
3.1 Parts of the Site may contain material provided by third party product or service providers, advertisers or sponsoring organisations. Third party product and service providers, advertisers and sponsors are responsible for ensuring that all material submitted for inclusion on the Site complies with all relevant laws and codes. We will take reasonable steps to verify the accuracy of such information but we will not be responsible if any such material is untrue, inaccurate, incomplete and/or contains errors and we disclaim all liability and responsibility arising from any reliance you place on such material.
3.2 Any material on the Site may be out of date at any given time and, whilst we endeavour to keep material up to date, we are under no obligation to do so. Material on the Site may be subject to change at any time.
3.3 The Site contains links to other websites. When you activate any of these links, you will leave the Site and we accept no responsibility for the availability or content of any linked websites or for any loss or damage that may arise from your use of them. The links are provided for your convenience and any such link does not imply endorsement by us of a website or any association with the operators of a website.
3.4 You may hypertext link to the Site provided it does not imply or claim an association with Instant Car Finance or any approval or endorsement on our part where none exists and that any link to the Site is removed immediately on the cancellation of your registration.
4 Intellectual property rights
4.1 All intellectual property rights in the Site and its content (including copyright and database rights and (whether registered or unregistered) trade marks, trade names and designs, are owned or licensed by Instant Car Finance. You are permitted to print or download extracts from material on the Site for your personal use only provided you keep intact all or any copyright and proprietary notices. None of this material may be used for any commercial or public use.
4.2 No part of the Site or any material appearing on the Site may be modified, copied, distributed, reproduced, stored in or transmitted on any other website for commercial purposes without prior written permission of Instant Car Finance and payment of any specified fee.
4.3 No licence is granted to you in these Terms to use any trade mark of Instant Car Finance.
5 Viruses and access to our Site
5.1 We do not guarantee that our Site will be secure or free from bugs or viruses.
5.2 You are responsible for configuring your information technology, computer programmes and platform in order to access our Site. You should use your own virus protection software.
5.3 You must not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.
5.4 We do not warrant that your access to the Site will be uninterrupted, unrestricted, timely, secure and error-free (and we may suspend, restrict or terminate your access to the Site at any time), 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.
5.5 We do not represent that the Site or the material on the Site 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.
5.6 Access to our Site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our Site without notice. We will not be liable if for any reason our Site is unavailable at any time or for any period.
5.7 You are responsible for making all arrangements necessary for you to have access to our Site. You are also responsible for ensuring that all persons who access our Site through your internet connection are aware of these terms, and that they comply with them.
6.1 If any provision in these Terms is found by any court or other body of competent jurisdiction to be wholly or partly invalid or unenforceable then that provision or part will be severed from these Terms and the remaining provisions will continue in full force and effect.
6.2 If you breach these Terms, a wavier of any right under these Terms is only effective if it is in writing and shall not be deemed to be a wavier of our right to act in respect of any subsequent or similar breach.
6.3 We will not be responsible for any breach of these Terms or otherwise for any delay or failure in processing your application for any loan or other product or service where such breach, delay or failure is attributable to you and/or any third party or is otherwise caused by circumstances beyond our control.
6.4 Any agreement between us is made for the benefit of you and Instant Car Finance and, except unless expressly stated, is not intended to benefit, or be enforceable, by anyone else.
6.5 We aim to at all times provide you with an excellent standard of service. If for any reason you are unhappy with our service please contact us via the contact page and we will aim to resolve your complaint as soon as possible. If you remain dissatisfied with our response, you may have a right to refer your case to the Financial Ombudsman Service depending on the nature of your complaint.
6.6 These Terms shall be governed by and construed in accordance with the laws of England and each of you and Instant Car Finance irrevocably submits to the exclusive jurisdiction of the English courts in relation to all disputes arising out of or in connection with these Terms.
6.7 Headings in these Terms are for convenience only and will not affect the interpretation of these Terms.
PART 2: TERMS AND CONDITIONS IN RESPECT OF APPLICATIONS FOR LOANS / FINANCE
7.1 These terms shall apply in addition to all other terms and conditions on this Site when you make an application for a loan or other financial product or service via the Site.
7.2 Any loan or other financial product or service which you obtain via the Site will be subject to the terms and conditions of the relevant product provider. Before proceeding with any loan or other product or service with the product provider, you should read its terms and conditions carefully and, where appropriate, take independent advice.
7.3 You agree not to bring any claim against Instant Car Finance arising from your application for or use of any loan or other third party product or service via the Site and, as (unless expressly stated otherwise) Instant Car Finance will not be a party to any contract or arrangement under which you obtain any loan or other product or service from a third party directly or indirectly through the Site, your sole recourse in respect of any performance, non-performance or delay in performance of the contract or arrangement by that third party will be against that third party.
8.1 In order to apply for any loan or other product or service via the Site you must be at least 18 years of age and a UK resident.
8.2 You must ensure that the details provided by you in your application or at any time thereafter are correct and complete and inform us immediately if there are any changes to those details.
8.3 Instant Car Finance aims to introduce you to a number of third party lenders based on your application and credit rating and we may receive a commission for such introductions.
9 Disclaimer and Exclusions of liability
9.1 We do not guarantee that any loans or other products or services offered to you through the Site will meet your requirements. In connection with loans, our aim is to find you a competitive loan from a lender on our panel of lenders based on your application and relevant circumstances. We do not guarantee that any loan which is offered to you is at the cheapest rate and/or on the most favourable terms which are available in the market.
9.2 To the fullest extent allowed by applicable law but subject to conditions 3.4 and 3.5, Instant Car Finance hereby expressly excludes 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”.
9.3 Where you are obtaining any loan or other product or service from a third party through the Site, clause 3.4 and clause 3.5 will apply subject in each case to clause 3.6.
9.4 Instant Car Finance does 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.
9.5 The maximum liability of Instant Car Finance to you however arising in connection with that service (including, without limitation, in negligence) will not exceed the aggregate fees which we have received from you for that service.
9.6 Nothing in these Terms shall exclude the liability of Instant Car Finance for personal injury or death caused by its negligence, or its liability for fraudulent misrepresentation or fraud or for any other liability which cannot be excluded or limited under applicable law.
9.7 You agree to indemnify and keep indemnified Instant Car Finance 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:
9.7.1 any breach by you of any of these Terms; or
9.7.2 any contract or arrangement between you and a third party which is formed directly or indirectly through use of the Site.
9.8 Reference to Instant Car Finance in this condition 3 includes its officers, employees, agents and sub-contractors.
9.9 We will not be liable or responsible for the return of any deposits or other amounts left with or paid to any third party in connection with any loans or other products or services offered to you through the Site. 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 Instant Car Finance in this respect is excluded to the fullest extent permitted by law.
10 Data Protection
10.2 Your information will also be checked with fraud prevention agencies including CIFAS and other relevant organisations. If false or inaccurate information is provided and fraud is identified, details will be passed to fraud prevention agencies to prevent fraud and money laundering. Further details explaining how the information held by fraud prevention agencies may be used can be obtained by contacting us on 08000197180. For the purposes of this application you may be treated as financially linked and your application will be assessed with reference to any “associated” records. If you are a joint applicant or if you have told us of some other financial association with another person, you must be sure that you are entitled to:
10.2.1 disclose information about your joint applicant and anyone referred to by you; and
10.2.2 authorise Instant Car Finance to search, link or record information at Credit Reference Agencies about you and anyone referred to by you
10.3 You warrant that all data provided by you is complete, accurate, up-to date and not misleading or likely to deceive. You authorise us to make all enquiries necessary to verify this information to enable us to consider your application for a loan.
TERMS AND CONDITIONS OF USE OF WEB SEARCH PORTAL AND ‘Instant Car Finance’
These terms shall apply in addition to all other terms and conditions on this Site when you use the Car Search Portal and connected services via the Site including registration for “Instant Car Finance”.
12 Reliance on information posted
12.1 The Site is a medium for providing information and access to cars, products and services related to cars advertised by trade dealers and other third parties which are being offered for sale. Whilst we may take reasonable steps to verify the information provided and perform random quality assurance checks from time to time, Instant Car Finance cannot be liable for any error, omission or inaccuracy in such material, including but not limited to ownership, quality, compliance with description or fitness for purpose of any listed vehicles.
12.2 Commentary and other materials posted on our Site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our Site, or by anyone who may be informed of any of its contents.
12.3 Before purchasing any car or other product of service which has been found by using the Site, we recommend you confirm all information with the seller and make your own enquiries and searches about the car, product or service and also about the seller.
12.4 Where applicable, if you choose to purchase a vehicle, product or service advertised for sale by third parties on the Site, the contract will be between you and the third party and not with Instant Car Finance (unless expressly stated otherwise). In such circumstances, we therefore have no liability to you for any losses that you may incur as a result of purchasing a vehicle, product of service from a third party through the Site. Before proceeding with the purchase of the vehicle, you should read the seller’s terms and conditions carefully and, where appropriate, take independent advice.
12.5 We do not take any responsibility for checking or verifying the identity of sellers or for the accuracy or completeness of the information provided by any seller. The price and terms of sale are subject to direct negotiating between you and the seller and you will be bound by whatever is agreed between yourself and the seller.
12.6 Where you obtain any product or service from a third party through the Site and the service We provide in connection with that product of service is without charge to you, we may be entitled to charge a commission or receive fees from that third party.
12.7 Payment for vehicles and other products or services of third parties will be made on the applicable terms and conditions of the relevant third party and cannot be made via the Site
13 Our liability
13.1 Although we will take reasonable steps to verify the accuracy and the content of the material supplied on our Site, such material is provided without any guarantees, conditions or warranties as to its accuracy, completeness or content. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:
13.1.1 all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
13.1.2 any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our Site or in connection with the use, inability to use, or results of the use of our Site, any websites linked to it and any materials posted on it, including, without limitation any liability for:
loss of income or revenue;
loss of business;
loss of profits or contracts;
loss of anticipated savings;
loss of data;
loss of goodwill;
wasted management or office time; and
for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
13.2 This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
13.3 Where you deal as a consumer, nothing in the above exclusions affects your statutory rights.
14 Our Site changes regularly
We aim to update our Site regularly, and may change the content at any time. If the need arises, we may suspend access to our Site, or close it indefinitely. Any of the material on our Site may be out of date at any given time, and we are under no obligation to update such material.
15 Your Application and Instant Car Finance
15.1 By submitting your data to our Site and accepting these Terms, you are consenting to Instant Car Finance automatically registering you as a member of ‘Instant Car Finance’. You may unsubscribe at any time from this service in accordance with clause 6.2 below.
15.3 You are solely responsible for any information submitted by you to our Site. You warrant that all data provided by you is complete, accurate, up-to date and not misleading or likely to deceive.
15.4 When you register to use the Car Search Portal you will be asked to create a password. Your password is unique to you and you must keep it confidential and not disclose it to anyone. You are responsible for all activities and enquiries that occur or are submitted through the use of your password. If you know or suspect that someone else knows your password you must notify Instant Car Finance immediately. We cannot and will not be liable for any loss or damage arising from your failure to comply with these requirements.
15.6 You agree to indemnify and keep indemnified Instant Car Finance 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.
16 Suspension and Cancellation
16.1 Without prejudice to any other remedy available to us under these Terms or at law, we shall be entitled to suspend or cancel you registration immediately at our reasonable discretion.
16.2 You may cancel your registration at any time by informing us by email via our contact page. If you do so, you must stop using the Site.
16.3 For the avoidance of doubt, on cancellation of your registration, for any reason, any clauses of these Terms which expressly or by implication have effect after termination shall continue in full force and effect.
16.4 The suspension of cancellation of your registration and your right to use the Site shall not affect either party’s accrued rights of liabilities under these Terms.
17.1 Registration is personal to you and you may not assign, sub-license or otherwise transfer all or any of your rights or obligations under these Terms.
17.2 If you have any concerns about material which appears on our Site, please contact us via the contact page.