TERMS & CONDITIONS

Land and Commercial Limited, trading as ‘Now Business Finance’ (“we”, “our”, “us”), is registered in the United Kingdom with Companies House O6667453 having a registered office at No1 Parkside Court, Greenhough Road, Lichfield, Staffordshire, United Kingdom, WS13 7FE

and operating under licence from the Financial Conduct Authority (FCA Licence 704304).

USAGE TERMS

Please read the Terms and Conditions of use in full. By using our website and or services you unequivocally agree to be bound by the Terms & Conditions herein. Otherwise, you must leave this site immediately.

1. We reserve the right to suspend, terminate, and or limit or withdraw access to our website at any time and without reason.
2. We reserve the right to amend details at any time, without notice; and while we endeavour to ensure all information is correct, we are not liable for any reliance placed on information herein.
3. By using our website and or services, you:

• Represent and warrant that you have full power and authority to effectively enter and perform all obligations.
• Have approval, authorisation, or clearances required from any other person (including governmental authorities and regulatory bodies) to enter and perform obligations under any agreement, and these are in full force and effect.
• Represent and warrant that entry into and the performance of any service or agreement will not constitute any breach of or default under any contractual, government, regulatory or public obligation binding upon you.
• Confirm that you are over 18 years of age.

SERVICES

1. We agree to carry out services with reasonable care and skill, and to comply with all relevant regulatory, statutory, and security provisions. We are not obliged to provide any additional service(s) outside of any services unless agreed in writing.
2. Our services include, but are not limited to:

• Brokering
• Financial Business Consultancy
• Loan Services (with approved lenders)
• Financial Commercial Services

3. In the provision of services, it will be necessary to collect certain information. This information may be used to apply to third-party lenders or agents on your behalf; the provision of personal information in no way guarantees you the offer of any loan product and or service. Please refer to our Privacy Policy regarding the collection of data and the sharing of your information with relevant bodies.
4. You acknowledge we may transfer your personal data to our funding partners for the provision of the Services and you consent to our acquisition, control and processing/transfer of your personal data in accordance with the terms of our privacy policies.
5. If offered a loan product and or service by a third party, we are not party to the contract entered thereunder.
6. We do not charge you a fee for brokering services unless otherwise stated; however, fees may be levied on other services, inter alia, consultancy services.
7. Please note a person who is not party to a service agreement shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any service terms.

PRIVACY POLICY

1. By providing personal information through our website, or in person, we are legally obliged to use your information in line with all regulation and legislation concerning the protection of personal information within the UK. We also collect your information for the following, but not limited to:

• To enable us to respond to your queries effectively.
• To send you relevant information and service updates.
• To personalise your client profile.
• To process applications.
• To allow you access to our platforms.
• To help us monitor and improve our services and quality assurances.
• To comply with legal obligations, including but not limited to preventing and detecting fraud.
• To enable the contractual obligations (consent) of our business and other parties.

2. By applying for a loan services or one that requires a provision of credit, you agree that we and or our servants, agents, or partners may take all necessary steps to verify your identity, the authenticity of documents provided, and your credit rating (including sharing information with agencies that monitor and record details thereof).
3. Information submitted by you may be transferred by us to our other offices and other reputable third parties which may be situated in the UK, the EU, or outside the European Economic Area. By submitting data through this website, or in person, you agree to this transfer, processing, and storage.
4. Information is retained for such time as is necessary for the relevant service or agreement. This information is stored in a safe and incorruptible manner; however, you agree we are not liable for any breach of security that is beyond our reasonable control.
5. We may disclose statistical information regarding your use of our website or services:

• to current or prospective commercial partners
• if our assets are acquired by a third party
• if we buy or sell any business or asset
• if any law or legal obligation to enforce or apply our terms of use agreement or any other agreement when necessary to protect and defend our rights (proprietary and or personal) or those of our servants and agents

6. You consent to receive electronic marketing for a further 12 months after receipt of an email or SMS from us unless you opt-out of from receiving further electronic marketing communications from us. You understand and agree that we retain your information even after you have stopped receiving services from us if reasonably necessary to comply with our legal obligations (including law enforcement requests), maintain security, detect fraud, detect abuse, meet regulatory requirements, resolve any disputes, enforce terms and conditions of service, and fulfil requests to “unsubscribe” from us. We will retain de-personalised information after your account has been closed.
7. Under the Data Protection Act (1998), you have the right to request a copy of any personal information we hold about you and to have any errors corrected. We will use reasonable endeavours to supply, correct or delete personal information about you and held by us. We may charge a fee for information requests and will ask you to provide proof of identity.
8. Please address any requests regarding this to our registered office address. Under the Data Protection Act 1998 (and the provisions of the GDPR 2018), individuals are entitled, subject to certain exceptions, to request access to information held about them.

CONFIDENTIALITY

1. Confidential Information shall not include information that:

• is or becomes generally available to the public other than as a result of acts by the recipient in breach of the terms of any service agreement,
• is independently derived by any recipient without the aid, application, or use of the confidential information,
• is disclosed to the recipient by a third-party on a non-confidential basis, or
• is required to be disclosed by applicable law or regulation.

2. Any username and password provided for your usage of this website and or services is classed as Confidential Information and must not be shared with a third party. 

INTELLECTUAL PROPERTY

1. Nothing contained within any agreement or services will be construed as granting or conferring any intellectual property whether expressly written or implied or otherwise, for any trademark, trade name, logo, logotype, invention, discovery, or improvement made, conceived, or acquired prior to or after the date of any agreement or services. All such rights shall, will become, or remain our property.

SITE USAGE

1. You may not use this website for any purpose that is unlawful or prohibited by out Terms & Conditions, or to solicit the performance of any illegal activity or other activity which infringes our rights or third parties.
2. You must not attempt to gain unauthorised access to any part of this website or to any of the services offered on or through the website, by hacking or any other illegitimate means.
3. You must not scan, probe, or test the vulnerability of this website or any network connected to the website, nor breach the security or authentication measures on the website or any network connected to same.

INDEMNIFICATION

1. You hereby agree to indemnify, defend, and hold us harmless from and against any and all suits, liabilities, causes of action, claims, losses, damages, or expenses of any kind (including reasonable legal fees and expenses) incurred or suffered arising from or in connection with a breach of any agreement, services, or reliance placed on information, including without limitation unauthorised use or disclosure of confidential information and negligent or intentional acts or omissions pursuant to your usage and or services or agreements entered.

DISCLAIMER

1. We disclaim all responsibility for the accuracy of information relied on, in the absence of a professional service agreement, and offer no express or implied warranty. Thereby, you accept full responsibility for reliance on any information and or actions pursuant to the usage of this website.
2. We do not guarantee the accuracy, truth, completeness, or fitness for any particular purpose nor the legality of any content provided by any third party.
3. We do not operate or control the financial products or services offered by third parties; therefore, they alone are responsible for all aspects of performance and customer service.
4. We are not responsible or liable in any manner for any information herein in connection with our services and are not responsible for any offensive, inappropriate, obscene, unlawful, or otherwise objectionable content you may encounter using our website or services.

LINKING

1. We may embed links to external resources and websites. These are solely intended for informative purposes and or third-party services. In no way do we endorse, guarantee, or underwrite any service or information therein. We fully disclaim any responsibility for the content of third-party websites or resources; we accept no responsibility for any loss or damage(s) by linking thereto.

NO WAIVER

1. No failure or delay by us in exercising any right, power, or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any right, power, or privilege hereunder.

GOVERNING LAW

1. You agree your usage of this site and or any relationship entered with us shall be governed by the laws of England and Wales. Each party agrees that all disputes arising out of or in connection with same and or negotiations, validity, or enforceability, and or the relationship between the parties (in each case whether or not regarded as contractual claims) shall be exclusively governed by and determined in accordance with English law. Each party expressly submits to the exclusive jurisdiction of the Courts of England and Wales.

COOKIES

1. Cookies and similar technologies allow small pieces of information to be read from or placed onto your device when you visit a website or application. Your web browser sends this information back to the website so that they can remember preferences. They can also help to ensure that adverts you see online are more relevant to you. The cookies and similar technologies used on our website fall into four categories: strictly necessary, performance, functional, and targeting. You can control and manage cookies on your device, but these changes will apply to all websites you visit.
2. Usually, a browser will allow you to choose the level of privacy settings you want. You can block all cookies, you can accept all cookies, or pick a setting somewhere in between. Deleting cookies means that any preference settings you have made on a website will be lost. If you’ve set your preferences to opt out of cookies, this setting will be lost too, as that information is stored in a cookie. Blocking all cookies means functionality on our websites will be lost, as described above. We don’t recommend turning all cookies off when using our websites. To reduce your cookie settings at any time, you must use your browser settings to remove any third-party cookies from your previous visit(s).

COMPLAINTS

The Financial Conduct Authority mandates, and states:

Step 1: Contact the firm directly.

• If you have a complaint about a firm, it is best to first ask the firm to put things right.
• Contact them as soon as possible in writing, so you have a record of what you and their reply.
• In general, financial services firms must respond to your complaint in writing within 8 weeks.
• They must tell you whether the complaint has been successful or why they need more time to investigate the complaint.

Step 2: The Ombudsman.

• If the firm fails to respond within the relevant time or you are unhappy with the response received, you can also make a complaint to the Financial Ombudsman Service.
• This must be done within 6 months of our final response to your complaint. You may write to FOS at the following address: The Financial Ombudsman Service, Exchange Service, London, E14 9SR.