Terms of use

1 Welcome to LeasePlan

1.1 These terms of use are applicable to products and services in New Zealand that are provided by LeasePlan New Zealand Limited (“LeasePlan”), a registered limited liability company incorporated in New Zealand with company number 411131, with registered offices at 632 Great South Road, Ellerslie, Auckland 1051, telephone number 09 583 2000 and fax number 09 583 2001, via LeasePlan’s dealer pricing portal (“Portal”).

1.2 These terms of use (“Terms”) govern your access to and use of the Portal. Please read these Terms carefully, and contact us if you have any questions. By accessing or using our Portal, you agree to be bound by these Terms and by our Privacy Statement.

1.3 By accessing this Portal and/or using the information provided on or via this Portal you agree to be bound by these Terms. In the event of any conflict between the terms and conditions of specific products and services of LeasePlan and these Terms, the conditions specific to such products and services shall prevail.

2 Who can use LeasePlan’s Portal?

2.1 You may use our Portal only if you can form a binding contract with LeasePlan and only in compliance with these Terms and all applicable laws. When you register to use the Portal, you must provide us with accurate and complete information. You agree that we may automatically upgrade the Portal and these Terms will apply to such upgrades.

2.2 Content in the Portal is provided for your general information purposes only and to inform you about our products, services and pricing, which may be of interest to you. It does not constitute technical, financial, legal advice or any other type of advice and LeasePlan accepts no liability to you or any third party for any such information.

2.3 Although LeasePlan uses reasonable efforts to provide accurate and up-to-date information through its Portal, which has been obtained from sources that are considered reliable by us, LeasePlan does not represent, warrant or promise (whether express or implied) that any information available through the Portal is or remains accurate, complete and up to date, or fit or suitable for any purpose. Any reliance you place on the information on or available via the Portal is at your own risk. Nothing in these Terms shall operate to prejudice any mandatory statutory requirement or your statutory rights. Any pricing information provided to you via the Portal remains subject to change, availability and subject to contract.

2.4 LeasePlan controls and maintains this Portal from New Zealand and restricts its use to specific IP addresses within New Zealand.

2.5 LeasePlan does not represent or warrant that this Portal functions without error or interruption.

2.6 LeasePlan may act on, process or complete electronic messages transmitted by you through the Portal without further consultation with you. If LeasePlan requires you to sign, execute, accept in writing and/or return a document to LeasePlan, that signature, execution, written acceptance and return may be made by an electronic acceptance function available on the Portal. If you use this electronic acceptance function, it will have the same effect as if you had physically signed, executed, accepted in writing and returned the document to LeasePlan.

2.7 You indemnify and hold LeasePlan harmless against any cost, claim, loss or expense arising out of or incurred in connection with use of this Portal (including any cost, claim, loss or expense relating to personal information as defined in the Privacy Act 1993) or our core leasing system, save to the extent caused by the fault or negligence of LeasePlan.

3 Our licence to you

3.1 Subject to these Terms and our policies, we grant you a limited, non-exclusive, non-transferable, and revocable licence to use our Portal.

5 Feedback you provide

5.1 We value hearing from our users, and are always interested in learning about ways we can make the Portal more relevant and better. If you choose to submit comments, ideas or feedback, you agree that we are free to use them without any restriction or compensation to you. By accepting your data, LeasePlan does not waive any rights to use similar or related feedback previously known to LeasePlan or developed by its employees, or obtained from sources other than you.

6 Security

6.1 We care about the security of our users. While we work to protect the security of your account, LeasePlan cannot guarantee that unauthorised third parties will not be able to defeat our security measures. Please notify us immediately of any compromise or unauthorised use of your account.

6.2 You agree not to violate or attempt to violate the security of the Portal, which includes any unauthorised access, malicious damage, interference, spam, mail bombing, viruses, worms, trojans or other types of malicious programs, deliberate attempts to overload a computer system, broadcast attacks or any other method designed to damage or interfere with the operation of a computer system or website.

6.3 You are solely responsible for the security of all user names and passwords used by you to access the Portal and the conduct of any subsequent transaction made possible via the Portal. You must notify LeasePlan of any change in user name or password, any suspected or actual unauthorised access to a user name or password and if a person is no longer entitled to use a user name or password. LeasePlan reserves the right to cancel a user name or password, remove or restrict access at any time.

6.5 LeasePlan cannot guarantee that any file or program available for download and/or execution from or via the Portal is compatible with your systems or free from viruses, Trojans, malwares or other conditions which could damage or interfere with data, hardware or software with which it might be used. You assume all risk of use, download or execution of all programs and files on the Portal and you release LeasePlan entirely of all responsibility for any consequences of its use.

6.4 Messages that you send to LeasePlan by email may not be secure. LeasePlan recommends that you do not send any confidential information to LeasePlan by email. If you choose to send any messages to LeasePlan via email, you accept the risk that they may be intercepted, misused and modified by a third party.

6.5 We encourage those who have discovered potential security vulnerabilities in any of our services to disclose it to us in a responsible manner.

6.6 Please share the details of any suspected vulnerabilities with us by contacting us.

7 Intellectual Property

7.1 LeasePlan retains all rights (including copyrights, trademarks, patents as well as any other intellectual property right) in relation to the Portal (except third party intellectual property rights expressly permitted by LeasePlan) and all information provided on or via this Portal (including all texts, graphics and logos). You may not copy, download, publish, distribute or reproduce any of the information contained or provided on or via this Portal in any form without the prior written consent of LeasePlan.

7.2 Reproduction of part or all of the Portal is prohibited.

8 Third-Party Links, Sites, and Services

8.1 Our products may contain hyperlinks to third-party websites, software applications, advertisers, services or other events or activities that are not owned or controlled by LeasePlan. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third party websites, service, or content from LeasePlan, you do so at your own risk and you agree that LeasePlan will have no liability arising from your use of or access to any third-party website, service or content.

9 Termination

9.1 LeasePlan may terminate or suspend this licence at any time with or without notice to you. Upon termination, you continue to be bound by clauses 9 to 17 of these Terms.

10 Indemnity

10.1 If you use our Portal in violation of these Terms, as determined in our sole and absolute discretion, you agree to indemnify and hold harmless LeasePlan and its officers, directors, employees and agents, from and against any claims, proceedings, disputes, demands, liabilities, damages, losses, cost and expenses, including, but not limited to, reasonable legal and accounting expenses (including costs of defence of claims or proceedings brought by third parties), in any way related to (a) your access to or use of our products or this Portal or (b) your breach of any of these Terms.

10.2 This Portal and all included content are provided on an “as is” basis without warranty of any kind, whether express or implied.

11 Limitation of Liability

11.1 To the maximum extent permitted by law, LeasePlan shall not be liable for any indirect, incidental, special, consequential or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, good-well, or other intangible losses, resulting from (A) your access to or use of or inability to access or use the Portal; (B) any conduct or content of any third party on the Portal, including without limitation, any defamatory, offensive or illegal conduct of other users or third parties; or (c) unauthorised access, use or alteration of your transmissions or content. In no event shall LeasePlan’s aggregate liability for all claims relating to the products exceed NZ$10.

12 Arbitration

12.1 For any dispute you have with LeasePlan, you agree to first contact us and attempt to resolve the dispute with us informally. If LeasePlan has not been able to resolve the dispute with you informally, we each agree to first try to resolve any claim, dispute (excluding claims for injunctive relief) arising out of or in connection with these Terms by mediation by appointing a mutually agreed mediator. If the parties cannot agree on the mediator, both parties will agree on a mediator appointed by the Chairperson of LEADR New Zealand Incorporated or the Chairperson’s nominee. Unless you and LeasePlan agree otherwise, the mediation will be conducted in New Zealand. Each party will bear its own costs and will divide the costs of the mediator equally. All claims must be brought in an individual’s capacity and not as a class member, unless expressly agreed to by LeasePlan.

13 Governing law and jurisdiction

13.1 These Terms and any contractual or non-contractual matters arising out of or in connection with it shall be governed by the laws of New Zealand and the parties agree to submit to the exclusive jurisdiction of the courts of New Zealand.

14 General Terms

14.1 LeasePlan reserves the right to determine the form and means of providing notifications to you and you agree to receive legal notices electronically if we so choose. We may revise these Terms from time to time without notice and the most current version will always be available on our Portal. If a revision, in our sole discretion, is material, we will notify you. By continuing to access or use the Products after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using this Portal. If you have commenced any transaction prior to a change to these Terms, that transaction will be effected in accordance with the Terms in place at the time of the acceptance of your offer by LeasePlan. You are responsible for regularly reviewing these Terms and your continued use of the Portal constitutes your agreement to all such amended Terms.

14.2 All terms implied by law, except those that can not be lawfully excluded, are excluded.

15 Assignment

15.1 These Terms, and any rights and licences granted hereunder, may not be transferred or assigned by you, but may be assigned by LeasePlan without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

16 Entire agreement and severability

16.1 These Terms, together with the Privacy Policy and any amendments and any additional agreements you may enter into with LeasePlan shall constitute the entire agreement between you and LeasePlan concerning this Portal. If any provision of these Terms is deemed invalid, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.

17 No waiver

17.1 No waiver of any term of these Terms shall be deemed a further or continuing waiver of such terms or any other term, and LeasePlan’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.