• User agreement

    1. Platforms and Material

    The Platforms referred to in this legally binding agreement (User Agreement) are comprised of the:
    • internet websites with the URLs:
    • LeasePlan applications:
      • ‘My LeasePlan – a driver application’ (My LeasePlan); and
      • ‘LeasePlan EasySafe’ (LeasePlan EasySafe).
    The Material referred to in this User Agreement means the products, services, information, text, graphics, materials, software (including third party software), and other content available via the Platforms.

    2. Access to the Platforms and Material

    The Platforms are owned and operated by LeasePlan Australia Limited (ABN 57 006 923 011) (LeasePlan).  Your access to and use of the Platforms, including your use, purchase or supply (as applicable) of the Material is subject to this User Agreement.

    Other written agreements may be entered into between you and LeasePlan, and (if applicable) a third party (Other Agreement), in respect of your use or purchase of LeasePlan’s products or services.  Any such Other Agreements are to be read in conjunction with and form part of this User Agreement (regardless of whether such agreements are entered into before or after this User Agreement).

    Please read this User Agreement carefully before accessing or using the Platforms or proceeding any further.  Each of the Platforms is offered to you on the condition that you accept this User Agreement without modification.  By accessing any of the Platforms you agree that you have read, understood and will be legally bound by this User Agreement.

    3. Access to My LeasePlan and LeasePlan EasySafe

    My LeasePlan and LeasePlan EasySafe are available for download by customers who have the applicable mobile device, access to the relevant app store and the internet via their mobile device.
    My LeasePlan provides access via your mobile device to LeasePlan Online.  You will sign in to My LeasePlan by providing your LeasePlan Online user name and password.  My LeasePlan does not provide total access to LeasePlan Online.  You will be able to view your contract data, add vehicles, access the logbook functionality and use the supplier finder on your mobile device.

    LeasePlan EasySafe provides access via your mobile device to the EasySafe Platform.  Your ability to sign in to LeasePlan EasySafe will be subject to access being granted by LeasePlan.  You will be able to use LeasePlan EasySafe for the logging and reporting of the condition of your vehicles and other assets that are managed by LeasePlan.  You acknowledge that the EasySafe Platform is designed only for logging and reporting the condition of applicable vehicles and other assets and that LeasePlan makes no representation and does not warrant that use of the EasySafe Platform will satisfy your obligations under applicable work health safety laws.
    Neither My LeasePlan nor LeasePlan EasySafe is a guaranteed service.  The service may be affected by a range of factors including technical problems and telecommunications network coverage and availability.  In order to access either My LeasePlan or LeasePlan EasySafe you must ensure that your contact details have been correctly registered, your mobile device is switched on and that you are located within the coverage area of your mobile device service provider.  LeasePlan is responsible for all maintenance and support services regarding My LeasePlan and LeasePlan EasySafe.

    In order to access My LeasePlan or LeasePlan EasySafe outside the country in which your mobile device is registered you must ensure that your mobile device is activated for global roaming and that your mobile carrier has a global roaming agreement in place at your location.

    Subject to paragraphs 13 and 14, LeasePlan is responsible for addressing any claims which may arise in relation My LeasePlan or the LeasePlan EasySafe (as the case may be), including but not limited to product, warranty and intellectual property claims.

    4. Variation and amendment

    LeasePlan may amend this User Agreement at any time and all amendments will take effect immediately upon the posting by LeasePlan of the amended User Agreement on LeasePlan Online.  If you have commenced any transaction prior to LeasePlan posting the amended User Agreement on LeasePlan Online, that transaction will be effected in accordance with the User Agreement in place at the time of the commencement of the relevant transaction.  You are responsible for regularly reviewing this User Agreement and your continued use of the Platforms constitutes your agreement to any such amended User Agreement.

    LeasePlan may modify, suspend, discontinue or vary the Material, any features or functions of the Platforms or the availability of the Platforms or any Material at any time in its absolute discretion.

    5. Your use of the Platforms

    You must not violate or attempt to violate the security of the Platforms.  Further, you must not hack into the Platforms, LeasePlan's computer systems or the computer systems of other users of the Platforms.  Hacking includes unauthorised access, malicious damage and/or interference and includes, without limitation, mail bombing, propagating viruses, worms 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.

    You are solely responsible for the security of all user names and passwords used by you to access the Platforms and conduct any transaction available via the Platforms.  LeasePlan will not be responsible for any unauthorised access to the Platforms or misuse of any user names or passwords.  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 at any time in its absolute discretion.

    You must not:
    • use the Platforms to post or transmit any information or materials which breach any laws or regulations, infringe the legal rights of any person, are contrary to any relevant standards or codes or intimidate, harass or offend any person or are reasonably likely to do so;
    • use the user name or password of any other Platform user without the permission of that Platform user;
    • provide false information or misleading information to LeasePlan or to any other person via the Platforms or in respect of your use of the Platforms;
    • use the Platforms to post or transmit any obscene, indecent, inflammatory, or other material that could give rise to civil or criminal proceedings; or
    • attempt to do any of the above or assist or permit any other person to do or attempt to do any of the above.
    You must comply with all directions we give to you regarding your access to or use of the Platforms (including directions posted on the Platforms).

    6. Transactions via LeasePlan Online

    The products and services on LeasePlan Online are not available for purchase by persons under the age of 18 years or any other persons who are legally prohibited from entering into binding contracts.

    Any order, offer to supply, electronic request, and any other online transaction conducted via LeasePlan Online is an offer by you to purchase or supply a particular product or service for the price (including delivery and other charges and taxes) specified on LeasePlan Online or in any Other Agreement at the time you make your offer.

    Any offer made by you through LeasePlan Online is subject to confirmation and acceptance by LeasePlan.  LeasePlan's acceptance will either be communicated to you by return email or some other form of written acknowledgement.  LeasePlan reserves the right to accept or reject your offer at any time prior to your receipt of LeasePlan's written acceptance.  LeasePlan may reject your offer for any reason, including without limitation because of: the unavailability of any product or service; an error in the price or description of any product or service specified on LeasePlan Online; or any error in your order or supply form.

    LeasePlan may act on, process or complete electronic messages transmitted by you through LeasePlan Online 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 LeasePlan Online.  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.

    7. Payment via LeasePlan Online

    All payments (including any applicable taxes) must be made in full and in readily available funds, on or before the due date as specified on LeasePlan Online, in any Other Agreement or as otherwise notified to you by LeasePlan.  The terms of any Other Agreement will prevail over this clause.

    8. Website availability and security of Platforms

    From time to time the Platforms may be unavailable for access or use.  LeasePlan will work within reason to limit the amount of time the Platforms are unavailable.  LeasePlan will not be held liable for the consequences of any unavailability of the Platforms and does not make any representations or provide any warranties regarding the availability of the Platforms or the timeframes within which any unavailability in respect of the Platforms will be resolved.

    LeasePlan will take all reasonable steps to ensure the security of the Platforms, including by implementing and maintaining reasonable and current data protection procedures and technologies.  However data transmissions over the internet cannot be guaranteed to be totally secure.  Whilst LeasePlan strives to protect information you transmit to LeasePlan or which LeasePlan stores, LeasePlan does not warrant and cannot ensure the security of such information.

    9. Intellectual Property Rights

    Unless specified otherwise by LeasePlan on the Platforms, the Platforms and all of the Material are protected by law including because the copyright, trade dress, trade marks and/or other intellectual property rights in the Platforms and Material are either owned by LeasePlan, related companies of LeasePlan or third parties that have licensed their material to LeasePlan.

    If you post, upload or submit any information, material or other content to the Platforms, you grant LeasePlan a perpetual, irrevocable, royalty free, non-exclusive licence to use, reproduce and otherwise exploit all such information, material or other content for such purposes as LeasePlan considers appropriate (in LeasePlan’s sole and absolute discretion).

    You may view the Platforms and the Material using your web browser and electronically copy and print hard copies of parts of the Platforms and the Material solely for your personal, non-commercial use.  Unless permitted by law, any Other Agreement, or with the express consent of LeasePlan, any other use, including the reproduction, modification, distribution, transmission, republication, display, storage, adaption, linking to, uploading or communication to the public, of the Platforms or Material is strictly prohibited.  Unless otherwise specified, reproduction of part or all of the Platforms or Material is prohibited other than for the sole purpose of your personal, non-commercial use and may not be recopied and shared with a third party.  The permission to copy by an individual for personal, non-commercial use does not allow for incorporation of material or any part of it in any work or publication, whether in hard copy, electronic, or any other form and you must not create any derivative works using the Material or otherwise incorporate the Material in any materials or other content created by you or on your behalf.

    All rights not expressly granted are reserved.  You acknowledge and agree that the only rights you will have in respect of the Platforms and Material are the rights (if any) specifically granted under this User Agreement or under an Other Agreement.

    10. Links to and from third party sites

    The Platforms may contain links to third party sites.  LeasePlan is not responsible for the condition or content of those sites as they are not under LeasePlan's control.  You acknowledge and agree that all access to and use of any such third party sites and use of the site's products and services is solely at your own risk.  The links are provided solely for your convenience and do not indicate, expressly or impliedly, any endorsement by LeasePlan of the third party sites or the products or services provided on the sites.

    You must not link to the Platforms without the prior permission of LeasePlan.

    11. Third party providers to LeasePlan

    Parts of the Platforms or the Material may be outsourced to third party providers.  This User Agreement applies to any outsourced products, services or other materials unless you are notified by LeasePlan of alternate terms of use.

    12. Viruses

    LeasePlan cannot guarantee that any file or program available for download and/or execution from or via the Platforms is free from viruses, malicious code 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 of all programs and files on the Platforms, and you release LeasePlan entirely of all responsibility for any consequences of its use.

    12. Warranty and Disclaimer

    You agree that your access to, purchases or supplies under and use of the Platforms and Material is subject to this User Agreement (which incorporate LeasePlan's Privacy Policy and any Other Agreement) and all applicable laws, and is at your sole risk.  The Platforms and the Material are provided to you on an "as is" basis, and may contain errors, faults and inaccuracies and may not be complete and current.  All terms implied by law, except those that cannot be lawfully excluded, are excluded.   LeasePlan makes no representations, warranties or guarantees of any kind, express or implied, as to the operation or suitability of the Platforms or the Material, except as otherwise provided under applicable laws.

    The Platforms may contain general information about LeasePlan’s products and services.  All content available on the Platforms, including (without limitation) any tools, calculators, articles, statements, representations and information is of a general nature only and does not take into account your objectives, particular needs or financial circumstances.  Unless expressly specified otherwise by LeasePlan, such information does not amount to an offer by LeasePlan, a representation or warranty by Leaseplan and will not form part of any agreement you may enter into with LeasePlan regarding LeasePlan’s products and services.

    LeasePlan does not purport to provide any financial, taxation or other professional advice through the Material.  You are encouraged to seek independent professional advice prior to making any financial decisions, including any decisions in respect of LeasePlan’s products and services.  You should satisfy yourself that LeasePlan’s products and services are suitable for your purposes and your particular circumstances before making any decision to purchase or receive any products or services from LeasePlan.

    14. Limitation of liability

    To the fullest extent permitted by law, neither LeasePlan nor its affiliates, subsidiaries, related bodies corporate, directors, officers, employees, agents, contractors, successors or assigns (collectively LeasePlan's Related Bodies) will be liable for any damages, economic loss or other loss whatsoever arising out of, or in any way related to, the use or access of the Platforms or the Material.  This limitation applies to direct, indirect, consequential, exemplary, incidental, special, punitive or any other losses or damages that you or others may suffer, as well as damages for loss of profits, goodwill, use, business interruption or the loss of data or information.

    Nothing in this User Agreement should be interpreted as attempting to exclude, restrict or modify your rights to make a claim in respect of any consumer guarantees or other applicable provisions of the Australian Consumer Law.  If you are a Consumer for the purposes of section 3 of the Australian Consumer Law and the goods and services which LeasePlan provides to you in respect of your access to and use of the Platforms are not of a kind ordinarily acquired for personal, domestic or household use or consumption, then LeasePlan’s liability to you in relation to any claim relating to your access and use of this Platforms or otherwise arising under or in connection with this User Agreement is limited, at LeasePlan’s election and discretion to:
    • in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired; and
    • in the case of services, the supplying of the services again or the payment of the cost of having the services supplied again.
    If you are not a Consumer for the purposes of section 3 of the Australian Consumer Law or in respect of all claims or causes of action other than claims or causes of action for breach of the consumer guarantees, to the extent permitted by law, LeasePlan excludes all liability for any loss incurred by you, however caused (including by LeasePlan’s negligence), suffered by you in connection with your access and use of the Platforms or the Material.

    The above limitation of LeasePlan's liability applies whether the claim is in contract, tort (including without limitation, negligence) or equity and even if LeasePlan has been notified of the possibility of such loss or damage.  You agree that LeasePlan's and LeasePlan's Related Bodies' liability, if any, to you at law will be reduced by the extent, if any, to which you contributed to the loss.

    To the extent permitted by law, all claims arising under or in connection with this User Agreement, the Platforms or the Material must be commenced within 1 year of the relevant events giving rise to the claim first occurring and all claims not commenced within such period are absolutely and forever barred.

    15. Indemnity

    You indemnify LeasePlan in respect of any liability incurred by LeasePlan for any loss, cost, damage or expense howsoever caused, or suffered by LeasePlan as a result of your breach of this User Agreement.

    16. Force Majeure

    LeasePlan will not be liable for a failure in the performance of obligations under this User Agreement by reason of strikes, riots, fire, explosions, acts of God, war, governmental action, telecommunications or internet outages or any other cause which is beyond LeasePlan's reasonable control.

    17. Termination

    LeasePlan reserves the right to terminate this User Agreement at any time.  LeasePlan shall not be liable to you for any cost, expense, or damages whatsoever for terminating this User Agreement.  However, if a product or service has not been delivered to you prior to any termination of this User Agreement by LeasePlan, LeasePlan will refund to you any payment you have made to LeasePlan for such product or service prior to the termination.  Upon the termination of this User Agreement taking effect LeasePlan may restrict your access to certain parts of the Platforms or to all parts of the Platforms.

    18. Applicable Law

    Your use of the Platforms is governed by, construed and enforced in accordance with the laws of Victoria, Australia.  Disputes arising from your use of the Platforms are exclusively subject to the jurisdiction of the courts of Victoria, Australia.

    19. Overseas Access

    The Platforms may be accessed throughout Australia and overseas.  LeasePlan makes no representations that the content of the Platforms complies with the laws (including intellectual property laws) of any country outside Australia.  If you access the Platforms from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access the site.

    20. General

    The application of the United Nations Convention on Contracts for the International Sale of Goods (known as the Vienna Sales Convention 1980) is excluded from this User Agreement.

    This User Agreement is not subject to any terms proposed by you unless those terms are expressly accepted by LeasePlan in writing.

    Failure of either party to enforce any rights it has under this User Agreement will not be construed as a waiver of those rights, nor a limitation on the party's ability to subsequently exercise those rights.

    This User Agreement is to be read in conjunction with an Other Agreement and any transaction contemplated under the Other Agreement which may be conducted via the Platforms will be governed by the terms of this User Agreement and the applicable Other Agreement.  However, except to the extent required to give effect to this clause, the terms of an Other Agreement will prevail to the extent of any inconsistency between this User Agreement and the terms of the Other Agreement.

    If any provision of this User Agreement is held to be void, invalid or unenforceable, then that provision is severed to the minimum extent required, and the remaining provisions will remain in full force and effect.

    No provision of this User Agreement will be construed to the disadvantage of LeasePlan merely because LeasePlan was responsible for the preparation of the User Agreement or the inclusion of the provision in the User Agreement.