1. The Site

1.1 The website www.carloan2day.co.uk (“the Site”) is a Site operated by Penrican Credit Limited trading as CarLoan2Day (“We / Us”, Penrican Credit Limited). We are currently registered in England and Wales under Company Registration Number 2443952 and have our registered offices at First Floor, 257A New Road Side, Horsforth, Leeds LS18 4DR. We are Authorised and regulated by the Financial Conduct Authority (FRN 305661).

1.2 Please read these Terms and Conditions carefully, they are the basis on which you (“you”, the Site user) are allowed to use the Site, and to prevent the Site from being used for any illegal and / or unauthorised purposes.

1.3 We take protection of your privacy seriously. All the information that you provide to us will be processed in accordance with our Privacy Policy.

1.4 By accessing and using this Site, you are deemed to have accepted both the Terms and Conditions and our Privacy Policy.  We may amend these terms at any time, without prior notice. If you do not wish to be bound by these Terms and Conditions, then please do not use the Site.

1.5 Users are advised to consult with Penrican Credit Limited and to check any product or service information for specific information. We can be contacted, in the first instance at sales@carloan2day.co.uk.

1.6 Please ensure that the data you provide to us is as accurate as possible.

2. Use of Our Site

2.1 The Site is a platform for providing information and access to products and services, related to cars, specifically new and used car finance.

2.2 You must not, under any circumstances, seek to undermine the security of this Site or any information submitted to or available through it. In particular, but without limitation, you must not seek to access, alter or delete any information to which you have authorised access, seek to overload the system by spamming or flooding, take any action or use any device, routine or software to crash, delay, damage or otherwise interfere with the operation of this Site.

2.3 You are solely responsible for any information submitted by you to our Site. You are responsible for ensuring that all information supplied by you is accurate, up to date and not misleading or likely to mislead or deceive.

2.4 Any loan which you obtain via the Site will be subject to the Terms and Conditions of the relevant product provider. Before proceeding with any loan with the product provider, you should read those Terms and Conditions carefully and, where appropriate, take independent advice.

3. Use of your information

3.1 In order to apply for a loan, you must be over the age of 18 years old and a UK resident.

3.2 You must ensure that the information provided by you in your application or at any time thereafter is correct and complete. You must inform us immediately if there are any changes to these details provided.

3.3 Penrican Credit Limited trading as CarLoan2Day shall process your personal data, which shall include sharing your personal data with third parties, in accordance with our Privacy Policy which can be accessed by clicking here.

3.4 Penrican Credit Limited trading as CarLoan2Day 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. We will disclose the commission payable to us if you make a request for us to do so. We will not base our decisions on the amount of commission payable from one lender to another.

3.5 By using this Site, you authorise us to make all the relevant enquiries necessary to verify this information to enable us to consider your application. In accordance with our Privacy Policy we may use the personal information that you provide to us on the Site to:

3.5a identify you when you contact us; help administer, and contact you about improved administration of, any accounts, services and products We have provided before, or provide now or in the future;

3.5b perform a credit search with one or more Credit Reference Agencies (“CRAs”) and make credit-related decisions about you;

3.5c verify your identity, addresses (both current and previous) and assess your application (we may use credit-scoring methods for this);

3.5d ascertain the eligibility and suitability for any of the finance products we offer;

3.5e ensure that we are able to comply with any Individual Voluntary Agreements, Trust Deeds, bankruptcies and any other adverse information that have been recorded on the credit search;

3.5f make an informed judgement on the current status of your credit status and the impact of any further credit being offered;

3.5g carry out marketing (as described in our Privacy Policy) analysis and customer profiling (including with transactional information), conduct research, including creating statistical and testing information using data provided by you; and

3.5h help to prevent and detect fraud or loss.

3.6 By using this Site and for the purposes of an application you may be treated as financially linked and your application may 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 have consent to:

3.6a disclose information about your joint application and anyone referred to by you; and

3.6b authorise Penrican Credit Limited to search, link or record information at CRAs about you and anyone referred to by you.

4. Intellectual property rights

4.1 All intellectual property rights in this Site and its content, including but not limited to, copyright and database rights, and (whether registered or unregistered) trade marks, trade names, logo designs, text, graphics, source code, software compilations and other material is owned by or licensed by Penrican Credit Limited.

4.2 You may not reproduce any part of this Site in any form, unless it is for personal and non-commercial use.

4.3 Hypertext links to our Site can only be used with the express permission of Penrican Credit Limited.

4.4 All Third Party logos and links have been placed on the website with the authorisation of the Third Party.

Links to Third Party websites

5.1 This Site may include links to Third Party websites which are not owned, operated or controlled by Penrican Credit Limited. The inclusion of these links does not indicate or imply that Penrican Credit Limited endorses the Third Party website, its availability or contents or any agreement or understanding you enter into with a Third Party through the Third Party website.

5.2  Third Party websites are responsible  for ensuring that all material submitted for inclusion on the Site are compliant with all the relevant laws and codes.

5.3 Penrican Credit Limited will not be held responsible if such material is untrue, inaccurate, incomplete and / or contains errors.

5.4 Penrican Credit Limited disclaim all liability and responsibility arising from any reliance you place on any information or offer gathered from any of the Third Party websites.

Disclaimer / Liability

6.1 We do not guarantee that any loans offered to you through this Site will meet your requirements. In connection with loans, our aim is to provide you with a competitive loan from our panel of lenders, whether this be our in-house Finance Lender or a Third Party lender, based on your application and relevant circumstances.

6.2 Use of this Site, Third Party websites, links to Third Party websites, and any other information available via the Site is at your own risk. To the maximum extent permitted by law, Penrican Credit Limited disclaims all liability whatsoever, whether arising in contract, tort (including negligence) or otherwise in relation to this Site, Third Party websites, and information via the Site.

6.3 We cannot guarantee that your access to this Site will be uninterrupted, unrestricted, timely secure and error-free or that the Site and the server that host the Site are free from computer viruses and other harmful applications. If a fault / issue occurs, then please contact us and we will attempt to resolve the fault / issue. We will not be held liable for any damages, loss, costs or expenses incurred by you as a result of any lack of availability or accessibility to the Site.

6.4 Penrican Credit Limited will not be liable in contract, tort (including, without limitation, negligence), under statute or otherwise, as a result of or in connection with this Site, any Third Party websites, links to Third Party websites, the information or any products or services offered on or through this Site or Third Party website, whether by Penrican Credit Limited or on its behalf, for any:

6.4a Economic loss ( including, without limitation, loss of revenues, profits, contracts, business or anticipated savings); or

6.4b Loss of Goodwill or reputation; or

6.4c Loss of data or waste of management or office time; or

6.4d Special or indirect or consequential loss.

6.5 If Penrican Credit Limited is liable to you directly or indirectly in relation to this Site, any Third Party websites, links to Third Party websites, information on the Site or any products or services offered on or through this Site or Third Party websites, that liability (howsoever arising) shall be limited to £100.00

6.6 Nothing in these terms and conditions shall exclude the liability of Penrican Credit Limited for personal injury or death caused by its negligence, or its liability for fraudulent misrepresentation or fraud or for any liability which cannot be excluded or limited under applicable law.

6.7 You agree to indemnify and keep indemnified Penrican Credit Limited from and against all losses, liabilities, costs ( including legal costs ) and expenses reasonably suffered or incurred by us, all damages awarded against us under and Judgement 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:

6.7a any breach by you of any of these Terms; or

6.7b any contract or arrangement between you and a Third Party which is formed directly or indirectly through use of the Site; or

6.8 Reference to Penrican Credit Limited in this condition 7 includes its officers, employees, agents and sub-contractors.

6.9 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 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.

6.10 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 offered to you through the Site. Your sole recourse in respect of any action for the return of such amounts due to you in this respect will be against the relevant Third Party and all liability of Penrican Credit Limited, its officers, employees, agents and sub-contractors (howsoever arising) is excluded to the fullest extent permitted by law.

6.11 Penrican Credit Limited will not be liable for any loss, damage, expenses or costs, delays or other liability whatsoever (including without limitation any financial losses such as loss of profit) which may incur as a result of any event beyond our reasonable control (including without limitation)  any failure of transmission, communication, computer or other facilities or your inability to access the Site for any reason or any failure, error or delay in the sending  or receiving of any notice or communication or instruction through the post or any electronic medium.

6.12 Where you deal as a consumer, nothing in the above exclusions affects your Statutory Rights.

7. Privacy Policy

7.1 If you provide information to Penrican Credit Limited on or through this Site, Penrican Credit Limited will use in it accordance with the terms of its Privacy Policy. That Privacy Policy forms parts of these Terms and Conditions and by using this site you acknowledge and agree that you accept the terms of the Privacy Policy.

8. Data Protection

8.1 To the extent that we determine the manner and the purpose of processing, We are a data controller (as defined by the Data Protection Act 1998) of your personal data and We will act in accordance with the Data Protection Act 1998 at all times.

8.2 By using this Site to make an application, you are giving your express consent for your details to be held on computer and used in a credit scoring, manual underwriting or automated decision-making process when assessing your application. In accordance with our Privacy Policy, we will undertake a credit search, in the first instance, with CRAs (including, but not limited to Experian and Equifax) which will be visible on your credit profile to other lenders and organisations When credit reference agencies receive a search from us they will:

8.2a place a search “footprint” on your credit file whether or not your application proceeds. If the search was for a credit application the record of that search (but not the name of the organisation that carried it out) may be seen by other organisations when You apply for credit in the future; and

8.2b link together the records of you and anyone that you have advised is your financial associate including previous and subsequent names of parties to the account. Links between financial associates will remain on your and their files until such time as you or your spouse/partner, or other persons with whom you are linked financially successfully files for a disassociation with the credit reference agencies.

8.2c They will also supply to us:

• credit information such as previous applications and the conduct of the accounts in Your name and of your associate(s) (if there is a link between you and/or your business accounts (if you have one);
• public information such as County Court Judgments (CCJ’s) and bankruptcies;
• Electoral Register information; and
• fraud prevention information.

8.3 If you are provided with a finance facility and do not repay in full and on time, we may tell credit reference agencies who will record the outstanding debt. These records will be shared with Fraud Prevention Agencies, other organisations and may be used and shared by us and them to:

8.3a consider applications for credit and credit related services or other facilities, for You and any associated person; and

8.3b trace debtors, recover debts, prevent or detect money laundering and fraud and to manage your account(s).

8.4 Records shared with credit reference agencies remain on file for 6 years after they are closed whether settled by you or defaulted.

8.5 Fraud prevention agency records will also be shared with other organisations to help make decisions on motor, household, credit, life and other insurance proposals and insurance claims, for You and members of Your household, managing credit and credit related accounts or facilities and checking details of job applicants and employees.  We and other organisations may access and use from other countries the information recorded by fraud prevention agencies. By using this Site to provide information, you are consenting to us checking the information provided with fraud prevention agencies (including, but not limited to, CIFAS). 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. You may, by telephoning our Customer Services department on 01132 581826 obtain details of those credit reference and fraud prevention agencies from whom we obtain and to whom we pass information about you. You have a legal right to these details. Further details explaining how the information held by fraud prevention agencies may be used can also be obtained by telephoning our Customer Services department (on the number above).

8.3 By using this Site, you are consenting to us referring your information to suitable third party lenders. The third party lenders that we pass your information on to will be based on the credit search results. The relevant third party lender will perform a credit search and register this search with the CRAs in order to make a decision about your application. The results of this search may be recorded on your credit file in accordance with the procedures described above.

For details as to how we may use your data for marketing purposes please read our Privacy Policy

9. General

9.1 These Terms and Conditions (as amended from time to time) constitute an agreement between you and Penrican Credit Limited concerning your use of the Site and supersede any previous arrangement, agreement, undertaking or proposal, written or oral between you and Penrican Credit Limited in relation to such matters.

9.2 Penrican Credit Limited reserves the right to update these Terms and Conditions at any time. If Penrican Credit Limited does so, then the updated version will be effective as soon as it is uploaded onto this Site, and your continued use of the Site will constitute your acceptance of the updated Terms and Conditions. No other variation of these Terms and Conditions shall be effective, unless in writing and signed by an authorised representative on behalf of Penrican Credit Limited.

9.3 You should check the Terms and Conditions periodically, to ensure that you are aware of and complying with the current Terms and Conditions.

9.4 These Terms and Conditions are governed by and construed in accordance with English Law and you agree to submit to the exclusive jurisdiction of English Law.

9.5 If any provision(s) of these Terms and Conditions is / are held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of all parties and all other provisions shall remain in full force and effect.

9.6 Penrican Credit Limited’s failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed by Penrican Credit Limited in writing.

9.7 Unless otherwise expressly stated, nothing in these Terms and Conditions shall create any rights or other benefits whether pursuant to the Contracts (Rights of Third Parties) Act 1999 or otherwise in favour of any person other than you, Penrican Credit Limited and its group of companies.

9.8 Any agreement between us is made for the benefit of you and Penrican Credit Limited and, except as stated in clause 10.7 above, is not intended to benefit, or be enforceable, by anyone else.

9.9 Headings in these Terms and Conditions are for convenience only and will not affect your interpretation of these Terms and Conditions.

 

10. Commission Disclosure

10.1 We will receive a commission from the credit provider for introducing you to them. The commission received is either a fixed fee, or a percentage of the amount you borrow. The amount of commission we receive from a lender does not have an effect on the amount you pay to that lender under your credit agreement.

Full details on the commission will be disclosed to you in good time, before you sign the finance agreement.