These terms and conditions govern the use of the websites at each of www.pncbusinesscredit.co.uk assetbasedfinance.co.uk assetbasedlender.co.uk assetbasedlendinguk.co.uk and assetbasedlendinguk.com (the “Website”). Each Website provides information about the products and services of PNC Financial Services UK Limited and is hosted and administered by PNC Bank, National Association (together, “we”, “our”, “us”).
PNC Financial Services UK Limited is a limited liability company that provides asset based lending services, registered in England and Wales with company number 07341483, with its registered office at PNC Business Credit, PNC House, 34 – 36 Perrymount Road, Haywards Heath, RH16 3DN. PNC Bank, National Association is a member of The PNC Financial Services Group, Inc., headquartered at One PNC Plaza, 249 Fifth Avenue, Pittsburgh, Pennsylvania 15222-2707, United States of America. PNC Financial Services UK Limited is also a member of The PNC Financial Services Group, Inc.
The terms and conditions set out in this document (the “Terms”) are the terms which apply to the use of the Website by you and any other user of the Website. By accessing or using the Website, you agree to be bound by these Terms. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU MUST NOT USE OR ACCESS THE WEBSITE.
We may change these Terms from time to time. The revised terms will be published on the Website and will apply to any continued use by you of the Website following such change. You should check the Website regularly as you will be bound by these Terms (as amended or updated) every time you visit the Website. If you do not agree to any change to the Terms then you must immediately stop using the Website.
1 ACCESSING THE SITE
1.1 Access to the Website is permitted on a temporary basis, and we reserve the right to withdraw or amend any element of the Website without notice (see below). We will not be liable if for any reason the Website is unavailable at any time or for any period.
1.2 You confirm that by accessing and using the Website, you will not violate any laws or regulations that apply to you in the territory in which you are located.
1.3 You are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of these terms, and that they comply with them.
2 ACCEPTABLE USE POLICY
2.1 You may use the Website only for lawful purposes. You may not use the Website in any way that breaches any applicable local, national or international law or regulation or in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
2.2 You also agree not to access without our authority, interfere with, damage or disrupt any part of the Website or any equipment or network on which the Website is stored or any software used in the provision of the Website or any equipment, network or software owned or used by any third party.
2.3 In addition to our other rights, we may terminate your licence to use the Website where you use it for any unauthorised purposes.
3 USAGE RIGHTS
3.1 All copyright, trade marks and all other intellectual property rights in the design, content and arrangement of the Website (including, but not limited to, text, photographs and graphics, all software compilations or underlying source code, and all other material on the Website) (“Content”) shall remain at all times owned by us or our licensors. You are permitted to use this Content only as set out in these Terms.
3.2 You acknowledge and agree that the Content is made available for your non-exclusive, personal, non-commercial use only and that you may download such Content subject to the following conditions:
- a. you shall not modify or publish the Content in any way;
- b. you shall not use any graphics separately from the accompanying text; and
- c. you shall include a written copyright notice adjacent to the Content in the form:
© PNC Financial Services UK Limited, 2014. you shall not (and shall not assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such Content.
Any other use of the Content of the Website is strictly prohibited.
3.3 If you breach any of these Terms, your permission to use this Website automatically terminates and you must immediately destroy any downloaded or printed material or Content from this Website.
3.4 Nothing in these Terms shall limit or exclude your statutory rights under the Copyright, Designs and Patents Act 1988 to the extent such rights cannot be limited or excluded.
4 PRIVACY RIGHTS
4.2 You should ensure that the information you provide about yourself is true, accurate and complete. You are responsible for maintaining the accuracy of your information. We may not be able to provide you with the required response in the event the information you provide is not complete or is inaccurate.
5 DISCLAIMER OF WARRANTIES
5.1 The Website is provided on an “as is” and “as and when available” basis without any representation or endorsement and we make no warranties of any kind, whether express or implied, in relation to the Website, its Content or any services we may offer through the Website.
5.2 You acknowledge that the Content on the Website may be out of date or incomplete at any given time and we are under no obligation to update or complete such Content.
5.3 In particular, we make no warranties that the Website or its Content will meet your requirements or will be uninterrupted, timely, secure or error-free, that defects will be corrected or that the Website or the server which makes it available are free of viruses or bugs or are fully functional, accurate, or reliable. We may temporarily need to suspend the Website (usually to carry out maintenance work) or we may permanently close it down at any time, without notice.
5.4 The Content on the Website (including, but not limited to, information about our solutions) is for general information purposes only and not intended to constitute professional, financial or legal advice, an offer or solicitation, or give any recommendation in relation to any security, product, or service on which reliance should be placed. No investment advice, tax advice, or legal advice is provided through this Website and you agree that you will not use the Website for such purposes.
5.5 We will not be responsible or liable to you for any loss of content or material as a result of downloading information or data from the Website. If a fault occurs in the service you should report it to DoneDeal@pncbusinesscredit.co.uk
6 OUR LIABILITY
6.1 The Content displayed on our Website is provided without guarantees, conditions or warranties as to its accuracy. We cannot make any legal commitment or representation to you that any Content will be of any particular quality or fit for any particular purpose.
6.2 To the maximum extent permitted by law, we, other members of our group of companies and third parties connected to us hereby exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
6.3 We not accept any liability to you for any of the following types of loss which you may suffer as a result of your use of the Website:
- a. loss which was not foreseeable to you and us when you first accessed or used the Website;
- b. any business loss you may suffer, including loss of revenue, profits or anticipated savings (whether these losses are a direct or indirect result of our default); and
- c. loss which you suffer other than as a result of our failure to comply with these Terms or our negligence or breach of statutory duty.
6.4 We do not accept any liability to you if the Website fails, or is interrupted or delayed in the performance of any obligation due to:
- a. the non-availability or failure of any telecommunications or computer services, systems, equipment or software operated by you or any third party; or
- b. any other event not reasonably within our control.
6.5 Nothing in these Terms shall exclude or limit our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by law.
7 LINKS TO OTHER WEBSITES
Links to third party websites on the Website are provided solely for your convenience. You acknowledge and agree that we are not responsible for the availability of such other websites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content (including misrepresentative or defamatory content) of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external sites or resources.
8 LINKING TO OUR WEBSITE
8.1 You may not link to any part of our Website other than our 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, but 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 may not frame or use framing techniques to enclose any part of the Website or any content accessible on it without our express written consent.
8.2 You must not establish a link from any website that is not owned by you.
8.3 You will not use any meta-tags or any other hidden text using our names, logos, brands or marks without our express written consent.
9.1 Nothing in these Terms affects the statutory rights you may have as a consumer.
9.2 If any part of the Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from these Terms and shall not affect the validity and enforceability of any of the remaining provisions of the Terms.
9.3 These Terms shall be governed by and construed in accordance with English law. You and we agree to submit to the non-exclusive jurisdiction of the English courts in relation to any claim or matter arising under or in connection with these Terms.
If there is anything that you do not understand in these Terms or if you have any questions about these Terms please email us at DoneDeal@pncbusinesscredit.co.uk
Transmissions to and from this Website. Except where expressly indicated otherwise, transmissions to and from this Website or directed to PNC Bank, including E-mails, are not sent in a secure form and can be intercepted by third parties and may not be immediately received by the appropriate business unit at PNC Bank. Please do not use E-mail to send us communications which contain confidential information, which we require to be in writing, or which need our immediate attention. Please call +44 (0)1444 475820 or write us instead at this address PNC Business Credit, PNC House, 34 – 36 Perrymount Road, Haywards Heath, RH 16 3DN, Attention: Web Site Customer Service. Any transmission to this Website, including E-mails shall be deemed and remain the property of PNC Bank. PNC Bank shall be free to use, for any purpose, any ideas, concepts, know-how, or techniques provided by a Website user to PNC Bank through this Website.