5 Warranty

5.1 EMF 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. EMF 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.
5.2 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.
5.3 [EMF 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 EMF, and that EMF has no control over the content on that website. In addition, a link to a third party website does not mean that EMF endorses or accepts any responsibility for the content, or the use, of such website.]

6 Limitation of Liability

6.1 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.
6.2 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.
6.3 You agree that EMF 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 EMF is held liable for any such losses, EMF's liability shall be limited to damages which shall in no event exceed [£100]. You agree that EMF 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 EMF 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.
6.4 In no event shall EMF 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.
6.5 In no event will EMF 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.
6.6 We have the right without liability to change descriptions and specifications in relation to the Service.

7 Intellectual Property Rights

7.1 All Intellectual Property Rights in the EMF 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 EMF.
7.2 You are not permitted to copy, broadcast, download, store (in any medium), transmit, adapt or change in any way the content of the EMF Website for any other purpose whatsoever
7.3 For the avoidance of doubt, you are prohibited from copying any material in accordance with clause 7.2 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.

8 General

8.1 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.]
8.2 You and any joint applicant will need to enter into a written credit agreement once an initial assessment of your creditworthiness has been made, before credit can be given to you.

9 Law

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.

PRIVACY POLICY

1 Introduction

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.
1.2 This Privacy Policy explains how we may collect personal data and how we use the information we may collect about you.

2 Information we collect about you

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.
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, we will disclose this information to selected third party finance lenders, who will carry out the following:
2.2.1 assessment of your repayment performance under any previous credit agreement;
2.2.2 checking of any records held about you in relation to any insurance claims made by you;
2.2.3 undertaking credit services and/or other automated decision making process; and
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.

3 Disclosure to Third Parties

3.1 In the provision of our Service to you, we disclose your information to selected third party finance lending companies. The finance companies may then disclose your personal information, some of which will include sensitive personal data - e.g. about your health, alleged offences etc, to other parties, who will provide further information about you, such further parties may also be required to disclose your information to other selected parties in relation to this application, and as required by law:

3.1.1 one or more Credit Reference Agencies;
3.1.2 corporate groups and/or affiliate companies
3.1.3 any other creditor in the context of your current application form to assist you in your application;
3.1.4 various selected insurers for the Payment Protection insurance and GAP insurance, extended warranty insurance, and any other businesses that provide insurance services related to your prospective credit agreement. The selected insurers will vary from time to time at the absolute discretion of the finance lending companies;
3.1.5 any collector or tracing agent, to any company, business or intermediary associated with us to recover debt; and/or
3.1.6 any prospective purchaser of the finance company, including but not limited to sale of their assets in the event of the company going into insolvent liquidation or having a Receiver or Administrator appointed over its assets.
Such disclosures enable us to assess your application.

4 Additional Disclosures

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.
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.

5 Protection of personal information

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.

6 Children

You must be over the age of 18 to use this Website. Children are not permitted to use this Website.

7 Direct Marketing

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.
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.
7.3 You have the right at any time to stop us from contacting you or giving your details to others for marketing purposes. If you wish us to stop, please write to Easy Motor Finance, C/O Janus Motors, Rotherham Road, Parkgate, Rotherham, South Yorkshire, England, S62 6EA.

8 Data Protection Warning

IMPORTANT - USE OF YOUR INFORMATION
In considering your application we will submit your details to selected finance companies with whom we conduct business, who will search your record at credit reference agencies. They will add to your record details of our search and your application and this will be seen by other organisations that make searches. It is important that you give us accurate information. The companies will check your details with fraud prevention agencies, and, if you give false or inaccurate information and fraud is suspected, this will be recorded. Your record may be shared with other organisations and used by them to: help make decisions about credit for you and members of your family, trace debtors, recover debt, prevent money laundering and fraud. All your information is protected by the Data Protection Act.

If you wish to obtain details of the credit reference agencies and fraud prevention agencies from whom information is obtained from and to whom it is disclosed, please write to Easy Motor Finance, C/O Janus Motors, Rotherham Road, Parkgate, Rotherham, South Yorkshire, England, S62 6EA. You have a legal right to these details.

You have a right, on payment of a fee, to receive a copy of the information we hold about you if you apply to us in writing.