LEASEPLAN TERMS OF SERVICE
Last modified: 6 May 2021
PLEASE READ THESE LICENCE TERMS CAREFULLY
1.1 These terms and conditions (the Terms) govern your access to and use of the applications, features, interfaces, websites, content, products and services, including but not limited to the My LeasePlan platform, My Fleet platform, Vehicle Availability Planner, Rental and Car Quotation Tool (the Services) made available by LeasePlan Deutschland GmbH, registered with the commercial court (Handelsregister) at the local court of Düsseldorf under number HRB 85877 with its offices located at Lippestraße 4, 40211 Düsseldorf, Deutschland (LeasePlan, our, we, or us). Please read these Terms so you understand what terms and conditions apply to your use of the Services.
1.2 By accessing or using the Services, you agree to have read, understood and that you shall be bound by these Terms. If you do not agree to these terms, you may not access or use the Services.
1.3 Supplemental terms may apply to certain Services, which will be disclosed to you in connection with the applicable Services. These supplemental terms are in addition to, and shall be deemed a part of, these Terms for the purposes of the applicable Services. In the event of a conflict between such supplemental terms and these Terms with respect to the applicable Services, the supplemental terms shall prevail.
1.4 We may amend or update these Terms from time to time. We will provide you notice of amendments to these Terms, as appropriate, and update the “Last Modified” date at the top of these Terms. Your continued use of the Services confirms your acceptance of these Terms, as amended. If you do not agree to these Terms, as amended, you must stop using the Services. Please review these Terms from time to time.
1.5 All of our rights and obligations under these Terms are freely assignable by us to any of our affiliates or in connection with a merger, acquisition, restructuring, or sale of assets, or by operation of law or otherwise. Subject to complying with applicable laws, we may transfer your information to any of our affiliates, successor entities, or new owner.
1.6 If you have any questions or complaints about these Terms or the Services, you can find the contact details on our website www.leaseplan.de
2.1 In order to make full use of the Services, you need a user account and must register (or be registered). We reserve the right to refuse the creation of a new account if we have reasonable grounds for such refusal.
2.2 You are required to provide us with complete, accurate and up-to-date information about yourself. You are responsible for submitting correct account data and for keeping this information up to date.
2.3 You must keep your user name and password confidential at all times and must not allow others to use your account. You are responsible for all activity that occurs under your account, including any activity by authorised or unauthorised users. If you know or suspect that anyone other than you knows your password, you must promptly change your password and notify us.
3. Your privacy
4. Intellectual Property rights
4.1 All intellectual property rights in the Services and related documentation throughout the world belong to us (or our licensors) and the rights in the Services are licensed (not sold) to you. You have no intellectual property rights in, or to the Services and related documentation other than the right to use them in accordance with these Terms.
4.2 We grant you a limited, revocable, non-exclusive, non-sub-licensable and non-transferable license to use the Services, subject to and in accordance with these Terms. This license is for the sole purpose of enabling you to use the Services, in the manner permitted by these Terms.
4.3 We do not claim ownership of the information that you submit for your account or through (your use of) the Services. You must have the necessary rights to such information that you submit for your account or through (your use of) the Services and the right to grant the rights and licenses in these Terms.
4.4 In order to operate and provide you with the Services, you grant us a worldwide, non-exclusive, royalty-free, sub-licensable, and transferable license to use, reproduce, distribute, create derivative works of, display, and perform the information (including the content) that you upload, submit, store, send, or receive on or through the Services. The rights you grant in this license are for the limited purpose of operating and providing the Services.
5. Use of the Services
5.1 We are giving you personally the right to use the Services in accordance with these Terms. You may not transfer the Service to someone else, whether for money, for anything else or for free.
5.2 You agree that you will:
(a) not rent, lease, sub-license, loan, provide, or otherwise make available, the Services in any form, in whole or in part to any person without prior written consent from us;
(b) not copy the Services or related documentation, except as part of the normal use of the Services or where it is necessary for the purpose of back-up or operational security;
(c) not translate, merge, adapt, vary, alter or modify, the whole or any part of the Services or related documentation nor permit the Services or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the Services on devices as permitted in these Terms;
(d) to the extent permitted by law, not disassemble, decompile, reverse engineer or create derivative works based on the whole or any part of the Services nor attempt to do any such things.
5.3 You may not:
(a) use any Service while driving a motorised vehicle, in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into any Service or any operating system;
(b) infringe our intellectual property rights or those of any third party in relation to your use of any Service, including by the submission of any material (to the extent that such use is not licensed by these Terms);
(c) transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of any Service;
(d) use any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;
(e) collect app- or system-related information or data or attempt to decode the transmission between the servers on which parts of this app are running or data are stored;
(f) bypass or modify the app's security technology.
5.4 Use of these Services is free; however, the usual prices for your mobile phone/internet service provider apply. By using the app you consent to us communicating with you electronically via your mobile device and you agree that information on your use of these Services can be shared with us. If you change or deactivate your mobile phone number, you must update your user account information immediately in order to ensure that we do not send any messages to the new holder of that number.
6. Our Services
6.1 Our Services may be interrupted for reasons such as maintenance, repairs, upgrades, or network or equipment failures. We may discontinue (some or all parts of) the Services, including certain features and the support for certain devices and platforms for legitimate business purposes.
6.2 We may modify, suspend, or terminate your access to or use of the Services if you violate the letter or spirit of these Terms or create harm, risk, or possible legal exposure for us, our users, or others. The following provisions will survive any termination of your relationship with us: clauses 3 - 5, clause 6.2 and clauses 12 - 14.
7. Devices and system requirements
7.1 Use of the Services may require compatible devices, internet access and certain software and periodic updates. The latest version of required software (such as browsers or operating systems) may be required for certain Services. Support
8.1 If you want to learn more about the Services or have any problems using them, please take a look at our website www.leaseplan.de. If you think the Services are faulty or misdescribed or wish to contact us for any other reason, please email our customer service team.
9. Updates and changes
9.1 From time to time we may update and change the Services to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively, we may ask you to update one or more mobile applications for these reasons. If you choose not to install such updates or if you opt out of automatic updates, you may not be able to continue using the Services.
10. Collection of location data
10.2 We reserve the right to make use of location data sent from your devices. You can turn off this function at any time by turning off the location services settings for the applicable mobile application on the device. If you deactivate the location services you will not be able to use certain mobile apps (such as Shell SmartPay). If you use these Services, you consent to the transmission, collection, retention, maintenance, processing and use of your location data and queries to provide and improve location-based and road traffic-based products and services by us.
11. Third party content
11.2 You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.
12. Limitation of liability
12.1 We do our best to ensure that any information provided as part of our Services is correct at the time it was incorporated in the Service. We are not, however, able to guarantee that information is correct, especially in the case of information provided to us by third parties. No liability is assumed for damages that result from the shortening or mutilation of transmitted data and are not attributable to intent or gross negligence on our part or on the part of our agents. We are also not able to guarantee the uninterrupted availability of our Services.
12.2 We are liable without limitation in the event of intent or gross negligence, for injury to life, limb or health, in accordance with the provisions of the Product Liability Act (Produkthaftungsgesetz).
12.3 In the event of a breach of a cardinal obligation (obligation that is essential for achieving the purpose of the contract), our liability is limited to damages that are foreseeable and typical for the type of business in question.
12.4 We have no further liability.
12.5 The aforementioned limitation of liability also applies to the personal liability of our employees, representatives and representative bodies.
13.1 We may end your right to use the Services at any time if you have broken these Terms in a serious way. If what you have done can be put right, we will give you a reasonable opportunity to do so.
13.2 If we end your right to the Services:
(a) you must stop all activities authorised by these Terms, including your use of any Services; and
(b) if applicable, you must delete or remove our mobile applications from all devices in your possession and immediately destroy all copies thereof.
14. Applicable law and jurisdiction
14.1 Except to the extent expressly provided in clause 14.2, these Terms and any contractual and non-contractual disputes shall be governed by the laws of the Federal Republic of Germany, excluding its conflicts of law provisions. You and LeasePlan agree to submit to the personal and exclusive jurisdiction of the courts in Düsseldorf, Germany. The Vienna Convention on the International Sale of Goods of 1980 (CISG) shall not apply.
14.2 If you are a consumer living in the European Economic Area or Switzerland (Consumer), the laws of your country of residence will apply to these Terms and any contractual and non-contractual disputes. The courts in your country of residence will have jurisdiction. In addition to the foregoing, Consumers may bring proceedings against LeasePlan in the courts of Düsseldorf, Germany. Consumers may furthermore submit disputes for online resolution to the European Commission Online Dispute Resolution platform, but we hereby point out that we do not commit and are not obliged to take part in dispute resolution proceedings before a consumer arbitration board.