Electronic Communications and Electronic Signatures Terms and Conditions
In connection with our relationship with you, we are required by law to give you certain information "in writing" – which means you are entitled to receive it on paper. We need your consent in order to provide you with this information electronically instead. We also need your general consent to use electronic records and signatures in our relationship with you. Please read the information below carefully and thoroughly before you consent. In this Consent, the words "we," "us," and "our" mean FC Capital Limited UK. The words "you" and "your" mean the person giving consent. "Online Service" means each and every service we offer that you apply for, enroll in, agree to, use, administer or access using the Internet, a website, email, messaging services (including text messaging) and/or software applications (including applications for mobile or hand-held devices), either now or in the future. "Communications" means each disclosure, notice, agreement, undertaking, fee schedule, statement, record, document or other information we provide to you or that you sign or submit or agree to at our request. "Pawnbroker Product" means each account, product or service (including each Online Service) we offer that you own, apply for, enroll in, agree to, use, administer or access, either now or in the future. “Applicable Law” means all the laws, regulations, and legal standards of the jurisdiction in which FC Capital Limited operates, including, but not limited to, the laws of England and Wales. This includes but not limited to all relevant statutes, regulations, and legal principles, such as the UK General Data Protection Regulation (UK GDPR), the Consumer Credit Act 1974, and any other applicable laws.
1. Your consent
Your consent applies to all Communications between you and us in connection with a Pawnbroker Product. We may also use electronic signatures and obtain them from you on any Communication. Your electronic signature will be just as valid and enforceable as if you had signed the Communications on paper using the wet ink signature. The Communications that we provide to you in electronic form may be delivered to you in a variety of ways, including by way of example and not limitation, either (1) via email or text message, (2) via posting to a website, software application, or other electronic location, (3) by your accessing a website that we will designate in an email, text message or other electronic notice we send to you at the time the information is available, or (4) as otherwise described in your "Fixed-Sum Loan Agreement and Pawn Receipt" and in other agreements we may have with you from time to time. We may establish security procedures you will have to follow to access the Communications. We may always, in our sole discretion, provide you with any Communications on paper, even if you have authorised electronic delivery. Sometimes the law, or one or more of our agreements with you, requires you to give us written notice. You must still provide these notices to us on paper, unless we tell you how to deliver the notice to us electronically.
2. Intention to Sell Letters
You should note that by signing this paper, you agree to receive an Intention to Sell Letter[s] via the email address you provided. This might happen if you do not repay you loan[s] by the maturity date. This letter will provide a final opportunity to redeem the pledged item[s] before they are sold, in accordance with the Applicable Law. You should note that from now on it would be your responsibility to check your emails regularly as the failure to do so may result in irrevocable loss of your pawned item[s] as they may be sold to a third party without further notice.
3. Your responsibilities
You should note that by signing this document you accept that it is your responsibility to ensure that the email address you have provided below is accurate and kept up to date. You also agree:
- to regularly monitor your email account; and
- that we will not be held liable if you fail to receive important communications, including but not limited to the intention-to-sell notices, due to an incorrect or outdated email address; and
- that emails sent by us will be considered received by you on the date they are sent
4. How to request paper copies
After you have provided your consent to receive Communications electronically, you will, in most cases, have the ability to download copies of the Communications to your computer and/or print copies of the Communications from your computer or the secure website if you have a printer connected to your computer. We encourage you to download or print for your records a copy of all electronic Communications, as well as this Consent and any other document that is important to you. You may also request that we send you a paper copy of any Communications we provided or made available to you electronically, at no cost, except for your "Fixed-Sum Loan Agreement and Pawn Receipt", by emailing your request to [email protected].
For a paper copy of your "Fixed-Sum Loan Agreement and Pawn Receipt", you will need to follow the procedures outlined in the "Loss of Receipt" clause within the same agreement and visit the branch where you were initially served. To request a paper copy of this document, please contact us on 0800 093 0043 or send an email to [email protected], and we will guide you through the necessary steps.
5.How to withdraw your consent, consequences of withdrawing your consent, termination or changes
After you have given your consent to receive Communications from us electronically, you may change your mind, at any time and for any reason, and tell us that thereafter you wish to receive Communications only in paper format. However, if you withdraw your consent, you may not be able to access or use some or all of the Pawnbroking Products, or experience delays in the time required to complete certain actions in connection with a Pawnbroking Product. To withdraw your consent, please contact us on 0800 093 0043 or send the request to [email protected].
Once you have withdrawn your consent, we will no longer provide you with Communications electronically. Thereafter, if you wish to receive Communications in electronic format, you must provide your consent again. We will not charge you any fee if you choose to withdraw your consent to receive Communications electronically, however, we may charge additional fees for certain Pawnbroking Products. Please review the applicable agreement and/or fee schedule for any fees that may apply.
We reserve the right, in our sole discretion, to discontinue the provision of electronic Communications, or to terminate or change the terms and conditions on which we provide electronic Communications. We will provide you with notice of any such termination or change as required by law.
6. Minimum required hardware and software
To receive and review electronic Communications, you must have access to:
- an active email address;
- a Current Version (defined below) of a web browser, such as Microsoft Internet Explorer, Microsoft Edge, Google Chrome, Apple Safari or Mozilla Firefox, to access the Internet;
- a connection to the Internet;
- a Current Version of a program that accurately reads and displays PDF files; and
- a computer and an operating system capable of supporting all of the above. You will also need a printer if you wish to print out and retain records on paper, and electronic storage if you wish to retain records in electronic form.
In some cases, you may also need a specific type of device that can support a Current Version of a particular software application, including an application intended for particular mobile or handheld devices.
By "Current Version", we mean a version of software that is currently being supported by its publisher.
If our hardware or software requirements change, and that change would create a material risk that you would not be able to access or retain electronic Communications, we will give you notice of the revised hardware or software requirements. Continuing to use electronic Communications and signatures after receiving notice of the change is reaffirmation of your consent. All trademarks are the property of their respective owners.
7. Your consent to use of electronic Communications and electronic signatures
By signing the "Consent to Use of Electronic Communications and Electronic Signatures" form, you confirm that:
- You can access, have read and understand the terms and conditions of this Consent to Use of Electronic Communications and Electronic Signatures; and
- You have the minimum hardware and software described above, including without limitation, an active email account capable of receiving emails with hyperlinks and attached files; and
- You consent to the use of electronic Communications and electronic records and signatures in our relationship with you until or unless you withdraw such consent or we discontinue the provision of, or we terminate or change the terms and conditions on which we provide, electronic Communications as described above; and
- You are authorised to, and do, consent to the use of electronic Communications and electronic signatures on behalf of all owners and users of, or applicants for, the applicable Pawnbroking Product; and
- You consent to receive all communications, including intention-to-sell letters, electronically at the email address you have provided below; and
- You are responsible for maintaining an accurate email address and ensuring regular access to your email account.