All of the provisions contained in this document are important; however, if you are a consumer (‘Consumer’) as defined in the Consumer Contract (Information, Cancellation and Additional Charges) Regulations 2013 (‘the Regulations’)), your special attention is drawn to clauses 3, 4, 5 and 8 below.

Please be aware that in accordance with section 4 below, under the sub-heading:

•‘Prices’: you may be required to pay a processing fee; and •‘The Order and Accepting the Order’: you will be required to take out finance for the vehicle under a separate agreement with a third party finance company.

 

1. Construction

We are Autohorn Fleet Services Ltd Trading as Clear Car Leasing, a company with registered number 3088452, VAT service number 647417325 and whose registered office is at The Engine Works, Fermetol Trading Estate, Leeman Road, York YO26 4XD. We are a licensed credit broker; our Financial Conduct Authority Firm Reference Number is 672679. We are also a member of the British Vehicle Rental and Leasing Association (‘BVRLA’) and operate in accordance with its code of conduct.

www.clearcarleasing.co.uk or any applicable mobile application of ours (‘the Website’) is operated by us. These terms and conditions, together with the documents referred to herein and Our Privacy Policy (available on request or accessible via the Website) are the terms (‘Terms’) on which we provide our services to you and on which you make use of the Website. Use of the Website includes accessing, browsing, or registering to use the Website.

The Privacy Policy sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using the Website, you consent to such processing and you warrant that all data provided by you is accurate. The privacy policy also contains information about the cookies which are on the Website.

Our services are to source a vehicle for you to lease and source the financial products and services available to enable you to do so.

 

2. The Website and Altering the Terms

By accessing any part of the Website and/or placing an Order (as defined below) you warrant that you are at least 18 years old and legally capable of entering into binding contracts and/or authorised to do so on behalf of your organisation and agree to be bound by these Terms.

It is important to be aware that a contract will not have been formed between you and us for the finance of a vehicle until such time as the requirements in section 4 (Prices, the Quotation and Making an Order) have been complied with below.

Access to the Website

You are responsible for ensuring that you have access to the Website. You agree that all persons who access the Website through your internet connection are aware of them and that they comply with them. Please read the Terms carefully as they affect your use of the Website and your rights and liabilities under the law and because these Terms may differ from any previous occasion on which you used the Website. By making use of the Website you confirm that you accept the terms of use and that you agree to comply with them. If you do not agree to be bound by the Terms you should not use or access the Website and will be unable to place an Order (as defined below).

The Website is directed to people residing in the United Kingdom. We do not represent that content available on or through the Website is appropriate or available in other locations. We may limit the availability of the Website or any service or product described on it to any person or geographic area at any time. If you choose to access the Website from outside the United Kingdom, you do so at your own risk.

We do not guarantee that this Website (or any part of it), or any content on it, will always be available or uninterrupted. Access to the Website is permitted on a temporary basis and in any event We may temporarily or permanently suspend, modify or withdraw this Website (or any part thereof) with or without notice to you and confirm that We shall not be liable to you for any modification or withdrawal of the Website, whether temporary or permanent. References to the Website include any current or future version of the Website and any mobile application through which you can access the Website or our services from time to time.

Information Appearing on the Website and Updates

We take reasonable care to ensure that all details, descriptions and prices appearing on the Website and in our other forms of literature are correct at the time when the relevant information was entered. You should be aware that we display information supplied to us by third parties on the Website, which receives information directly from vehicle manufacturers.

Information appearing on the Website is provided for general information only and it is not intended to amount to advice on which you should rely. Where necessary, you must obtain professional or specialist advice before taking or refraining from, any action on the basis of the content of the Website. Although we aim to keep the Website and Our literature as up to date as possible, the details, description and prices appearing therein at a particular time may not always reflect the accurate position exactly at the moment you place an Order or an exact specification of your vehicle and should be used as a guide only. Furthermore, there may be errors or omissions appearing on the Website. We accept no responsibility for any direct, indirect or consequential loss, damages, claims, compensation or expenses (‘Loss’) which you suffer as a result of reliance upon information contained within the Website or the fact that there be omissions from any such information.

We may update these Terms from time to time for any reason including but not limited to legal or regulatory reasons or to allow the proper operation of the Website or Our processes. Any changes will apply from the date on which we begin to use them and your continued use of the Website or making of an Order following that date indicates your agreement to be bound by the new Terms. It is therefore important that you check this page each time you make use of the Website to update yourself of any changes which have been made.

Your Account and Password

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at sales@clearcarleasing.com.

Viruses

We do not guarantee that the Website will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programs and platform in order to access our site and should use your own virus protection software. You must not misuse the Website 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 the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack the Website 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 the Website will cease immediately.  You may link to our site or home page provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. 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. You must not establish a link to the Website in any website that is not owned by you. The Website must not be framed on any other website, nor may you create a link to any part of the website other than the home page.

We reserve the right to withdraw linking permission without notice. If you wish to make any use of content on the website other than that set out above, please contact sales@clearcarleasing.com.

Where the website contains links to other websites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those websites or resources.

 

3. Making an Enquiry, Credit Checks and Data Protection

You may make an enquiry for the services either via telephone or through the Website (‘the Enquiry’) and you agree and acknowledge that where you make an enquiry via telephone that We may record the conversation for quality, training and/or Order monitoring purposes. By making an Enquiry you agree and acknowledge that you are instructing us to try and source finance for you to enable you to finance the vehicle and that a contract is formed with regards to these services alone. Unless you expressly request us not to do so, you agree and acknowledge that by making an enquiry, we shall commence with the provision of our services of trying to source finance for you within the cancellation period.

If you are applying on behalf of a limited company or other form of corporate entity then you warrant that by making the Enquiry you are duly authorised to do so. Refusal to provide any information requested by us or a third party in relation to the proposed finance of a vehicle as set out in these Terms shall result in your application being declined and our services ceasing to be offered to you until such time as you disclose to us the required information.

As part of the submission of the Enquiry you will be prompted to provide us with various personal data, some of which may be deemed sensitive personal data for the purposes of the Data Protection Act 1998 (‘the DPA’). You agree and acknowledge that by making an Enquiry you are expressly permitting us to make enquiries with funders as to the products and services which are available to you and that they and/or we may undertake or arrange credit checks as part of this process. You agree and acknowledge that we shall not be liable to any individual for whom you have disclosed to.

We use personal information and for whom a credit check is carried out. A record of credit searches may be used by other lenders in assessing future applications by you either through us or otherwise.

All data collected by Us shall be collected fairly and in compliance with the DPA and Our Privacy Policy (as referred to above) We shall be solely responsible as a data controller (as defined in the DPA) for Our compliance with the DPA and associated laws and regulations in relation to Our retention and use of such data. Where you provide us with the personal data of a third party you warrant that you have received the express consent of that third party to do so.

Each party shall keep indemnified the other against any costs, expenses, liabilities, claims, damages, penalties or fines that the other may incur in connection with a breach by the first party of the DPA or associated regulations or these Terms in relation to the collection, sharing or use of personal data in connection with the performance of these Terms save where and to the extent that any such processing of personal data is undertaken at the specific request of the other party.

 

4. Prices, the Quotation and Making an Order

Prices

We use a number of industry-leading funding suppliers to provide their pricing. The prices displayed on the Website are an amalgamation of the best prices available at any given time for the vehicles displayed and the available funders. Each funding provider has its own specific financial and operational requirements and these may vary from one funder to the next.

Unless otherwise notified by us to you, all prices include delivery of your desired vehicle to UK mainland locations. You agree and acknowledge that standard delivery shall mean that your desired vehicle shall be driven to its destination unless you specifically request that it be delivered on the back of a trailer in which case we shall notify you of the additional charges applicable.

Prices set out on the Website (and which shall subsequently be set out in the Quotation) shall be deemed to:

•exclude VAT for business finance, which shall for the avoidance of doubt be additionally charged; •include VAT for personal finances, VAT being set to the prevailing national rate from time to time. Should the rate of VAT be adjusted at any time prior to or once a contract is formed between you and us then the price may be adjusted accordingly.

Following receipt of the Enquiry, We shall assess your requirements based on the information that you have provided to us. You warrant that all of the information that you provide us with is true and you agree and accept that we are only able to provide our services in reliance upon the information which you provide us on that basis.

The Quotation

We shall use reasonable endeavours to provide you with a quotation for the finance of a vehicle and finance (‘the Quotation’) within 1 Business Day (being any day which is not a Saturday, Sunday or public holiday in England) of receipt of the Enquiry but for the avoidance of doubt time is not of the essence. The Quotation is not a contractual offer.