1. Access to the Website
The internet website with the URL "www.leaseplan.com.au
" and associated websites (collectively the "Website"
) is owned and operated by LeasePlan Australia Limited (ABN 57 006 923 011) ("LeasePlan"
). Your access to the Website and your use, purchase or supply (as applicable) of the products, services, information, text, graphics, materials, software (including third party software), and other content available on the Website ("Website Material"
) is subject to this legally binding agreement ("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 Website or proceeding any further. The Website is offered to you on the condition that you accept this User Agreement without modification. By accessing the Website you agree that you have read, understood and will be legally bound by this User Agreement.
2. Access to the LeasePlan Application
Your access to and use of the LeasePlan application ‘My LeasePlan – a driver application’ (the LeasePlan app) owned and operated by LeasePlan is governed by this User Agreement. By accessing the LeasePlan app you agree that you have read, understood and will be legally bound by this User Agreement and you will be granted a non-transferable licence to use the LeasePlan app on your mobile device. Please note that the provisions set out in paragraphs 3-19 below apply to both the LeasePlan app and the Website.
The LeasePlan app is available for download by customers who have the applicable mobile device, access to the relevant app store and the internet via their mobile device, and provides access via your mobile device to LeasePlan Online. You will sign in to the LeasePlan app by providing your LeasePlan Online user name and password. The LeasePlan app 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.
The LeasePlan app is not 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 the LeasePlan app 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 the LeasePlan app.
In order to access the LeasePlan app 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 12 and 13, LeasePlan is responsible for addressing any claims which may arise in relation the LeasePlan app, including but not limited to product, warranty and intellectual property claims.
3. 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 the Website. If you have commenced any transaction prior to LeasePlan posting the amended User Agreement on the Website, 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 Website constitutes your agreement to any such amended User Agreement.
LeasePlan may modify, suspend, discontinue or vary the Website Material, any features or functions of the Website or the availability of the Website or any Website Material at any time in its absolute discretion.
4. Your use of the Website
You must not violate or attempt to violate the security of the Website. Without limiting the forgoing, you must not hack into the Website, LeasePlan's computer systems or the computer systems of other users of the Website. 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 Website and conduct any transaction available via the Website. LeasePlan will not be responsible for any unauthorised access to the Website 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 Website 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 Website user without the permission of that Website user;
- provide false information or misleading information to LeasePlan or to any other person via the Website or in respect of your use of the Website;
- use the Website 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 Website (including directions posted on the Website).
5. Website transactions
The products and services on the Website 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 the Website 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 the Website or in any Other Agreement at the time you make your offer.
Any offer made by you through the Website 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 the Website; or any error in your order or supply form.
LeasePlan may act on, process or complete electronic messages transmitted by you through the Website 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 Website. 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.
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 the Website, in any Other Agreement or as otherwise notified to you by LeasePlan. The terms of any Other Agreement will prevail over this clause.
7. Website availability and security
From time to time the Website may be unavailable for access or use. LeasePlan will work within reason to limit the amount of time the Website is unavailable. LeasePlan will not be held liable for the consequences of any Website unavailability and does not make any representations or provide any warranties regarding the availability of the Website or the timeframes within which any unavailability in respect of the Website will be resolved.
LeasePlan will take all reasonable steps to ensure the security of the Website, 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.
8. Intellectual Property Rights
Unless specified otherwise by LeasePlan on the Website, the Website and all of the Website Materials are protected by law including because the copyright, trade dress, trade marks and/or other intellectual property rights in the Website and Website Materials 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 Website, 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 Website and the Website Material using your web browser and electronically copy and print hard copies of parts of the Website and the Website 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 Website or Website Material is strictly prohibited. Unless otherwise specified, reproduction of part or all of the Website or Website 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 Website Materials or otherwise incorporate the Website Materials 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 Website and Website Materials are the rights (if any) specifically granted under this User Agreement or under an Other Agreement.
9. Links to and from third party sites
The Website 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 Website without the prior permission of LeasePlan.
10. Third party providers to LeasePlan
LeasePlan cannot guarantee that any file or program available for download and/or execution from or via the Website 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 Website, and you release LeasePlan entirely of all responsibility for any consequences of its use.
12. Warranty and Disclaimer
The Website may contain general information about LeasePlan’s products and services. All content available on the Website, 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 Website Materials. 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.
13. 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 Website or the Website 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 Website 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 Website or otherwise arising under or in connection with this User Agreement is limited, at LeasePlan’s election and discretion to:
(a) 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
(b) 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 Website or the Website Materials.
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 Website or the Website Materials 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.
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.
15. 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.
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 Website or to all of the Website.
17. Applicable Law
Your use of the Website is governed by, construed and enforced in accordance with the laws of Victoria, Australia. Disputes arising from your use of the Website are exclusively subject to the jurisdiction of the courts of Victoria, Australia.
18. Overseas Access
The Website may be accessed throughout Australia and overseas. LeasePlan makes no representations that the content of the Website complies with the laws (including intellectual property laws) of any country outside Australia. If you access the Website 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.
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 Website 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.