MY LEASEPLAN TERMS OF SERVICE

Last modified: 7 August 2019

PLEASE READ THESE LICENCE TERMS CAREFULLY

1. General

1.1 LeasePlan Digital B.V. (LeasePlan, our, we, or us) provides an online platform and mobile application (together: My LeasePlan) that allows drivers of a LeasePlan lease vehicle to manage their lease vehicle, including review of car and contract details, update mileage, request maintenance or tyre replacement, dealing with damages, request fuel card services, cash claims and support.

1.2 These terms and conditions (the Terms) govern your access to and the use of My LeasePlan and the related products and services (the Services). Please read our Terms so you understand what terms and conditions apply to your use of My LeasePlan and the Services. By accessing or using My LeasePlan or the Services, you agree to have read, understood and that you shall be bound by these Terms.[1]

1.3 We may amend or update these Terms. We will provide you notice of amendments to our Terms, as appropriate, and update the “Last Modified” date at the top of our Terms. Your continued use of My LeasePlan and/or our Services confirms your acceptance of our Terms, as amended. If you do not agree to our Terms, as amended, you must stop using our Services. Please review our Terms from time to time.

1.4 All of our rights and obligations under our 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, and we may transfer your information to any of our affiliates, successor entities, or new owner.

1.5 My LeasePlan is operated by LeasePlan Digital B.V., a private limited liability company registered with the trade register of the Dutch Chambers of Commerce under registration number 69780625, with its offices located at Johan Huizingalaan 400, 1066 JS Amsterdam, the Netherlands.

If you have any questions or complaints about My LeasePlan, these Terms or the Services, please contact us at [info@leaseplan.fi].

2. Registration

2.1 You are required to register at My LeasePlan before you are allowed to use My LeasePlan and/or the Services. It is not possible to use My LeasePlan anonymously. We will provide you with an invite for the registration of your My LeasePlan account. We reserve the right to refuse the creation of a new account for any reason.

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 suspects that anyone other than you knows your password, you must promptly change your password and notify us.

3. Your privacy

We only use any personal data we collect through (your use of) My LeasePlan and the Services in the ways set out in our privacy policy.

4. Intellectual Property rights

4.1 All intellectual property rights in the My LeasePlan platform and mobile application, the Services and related documentation throughout the world belong to us (or our licensors) and the rights in the My LeasePlan platform and mobile application and the Services are licensed (not sold) to you. You have no intellectual property rights in, or to, My LeasePlan, 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 My LeasePlan and our Services, subject to and in accordance with our Terms. This license is for the sole purpose of enabling you to use My LeasePlan and our Services, in the manner permitted by our Terms.

4.3 We do not claim ownership of the information that you submit for your account on My LeasePlan or through our Services. You must have the necessary rights to such information that you submit for your account or through our Services and the right to grant the rights and licenses in our Terms.

4.4 In order to operate and provide My LeasePlan and our 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 My LeasePlan or our Services. The rights you grant in this license are for the limited purpose of operating and providing My LeasePlan and our Services.

4.5 To report infringement of intellectual property rights and request that we remove any infringing content we are hosting (such as a user's profile picture, profile name, or status message), please email a completed copyright infringement claim to [info@leaseplan.fi]. Before you report a claim of infringement, you may want to send a message to the relevant user you believe may be infringing your rights. You may be able to resolve the issue without contacting us.

5. Use of My LeasePlan

5.1 We are giving you personally the right to use My LeasePlan and the Services in accordance with these Terms. You may not transfer My LeasePlan or the Service to someone else, whether for money, for anything else or for free. If you sell any device on which the My LeasePlan mobile application is installed, you must remove the My LeasePlan mobile application from it.

5.2 You agree that you will:
a. not rent, lease, sub-license, loan, provide, or otherwise make available, My LeasePlan or the services in any form, in whole or in part to any person without prior written consent from us;
b. not copy My LeasePlan, the Services or related documentation, except as part of the normal use of My LeasePlan or 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 My LeasePlan, the Services or related documentation nor permit My LeasePlan or the Services or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use My LeasePlan and 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 My LeasePlan or the Services nor attempt to do any such things.

5.3 You may not:
a. use My LeasePlan or 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 My LeasePlan, any Service or any operating system;

b. not infringe our intellectual property rights or those of any third party in relation to your use of My LeasePlan or any Service, including by the submission of any material (to the extent that such use is not licensed by these Terms);
c. not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of My LeasePlan or any Service;
d. not use My LeasePlan or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
e. not collect or harvest any information or data from My LeasePlan or any Service or our systems or attempt to decipher any transmissions to or from the servers running My LeasePlan or any Service.

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) My LeasePlan or our Services, including certain features and the support for certain devices and platforms, at any time.

6.2 We may modify, suspend, or terminate your access to or use of My LeasePlan or our Services anytime for any reason, such as if you violate the letter or spirit of our 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. Operating system requirements

7.1 My LeasePlan requires (i) a computer with internet access and one of the following up-to-date browsers: Google Chrome, Internet Explorer or Mozilla Firefox or (ii) a mobile device with Android version 5 or up or iOS 9 or up.

8. Support

8.1 If you want to learn more about My LeasePlan or the services or have any problems using them, please take a look at our support resources at [www.leaseplan.com].

8.2 If you think My LeasePlan or the Services are faulty or misdescribed or wish to contact us for any other reason please email our customer service team at [info@leaseplan.fi].

9. Updates and changes

9.1 From time to time we may automatically update My LeasePlan 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 the My LeasePlan mobile application 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 My LeasePlan and the services.

10. Collection of location data

10.1 By using the My LeasePlan mobile application or any of the Services, you agree to us collecting and using technical information about the browsers, devices, through which you use My LeasePlan and our Services on and related software, hardware and peripherals to improve our products and to provide any Services to you.

10.2 We may make use of location data sent from your devices, provided that you have given your consent thereto. You can turn off this functionality at any time by turning off the location services settings for the My LeasePlan mobile application on the device. If you use these Services, you consent to 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

11.1 My LeasePlan or any service may contain links, or interact with other independent websites that are not provided by us. Such independent sites are not under our control, and we are not responsible for, have not checked, and approved their content, terms of use or their privacy policies (if any).

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 You use My LeasePlan and our Services at your own risk and subject to the following disclaimers. We are providing our services on an “as is” basis without any warranties. We do not warrant that any information provided by us is accurate, complete, or useful, that our services will be operational, error free, secure, or that My LeasePlan or our Services will function without disruptions, delays, or imperfections.

12.2 We do not control, and are not responsible for, controlling how or when our users use My LeasePlan or our Services or the features, services, and interfaces My LeasePlan or our Services provide. We are not responsible for and are not obligated to control the actions or information (including content) of our users or other third parties. You release us, our affiliates, directors, employees, partners, and agents from any claim, complaint, cause of action or dispute (together, Claim) and damages, relating to, arising out of, or in any way connected with any such Claim you have against any third parties.

12.3 We will not be liable to you for any damages relating to, arising out of, or in any way in connection with our Terms, My LeasePlan or our Services. The foregoing limitation of liability will apply to the maximum extent permitted by applicable law.

12.4 You will defend, indemnify, and hold us harmless from and against all liabilities, damages, losses, and expenses of any kind (including reasonable legal fees and costs) relating to, arising out of, or in any way in connection with any of the following: (a) your access to or use of My LeasePlan and our Services, including information provided in connection therewith; (b) your breach or alleged breach of our Terms; or (c) any misrepresentation made by you. You will cooperate as fully as required by us in the defence or settlement of any Claim.

13. Termination

13.1 We may end your right to use My LeasePlan and the Services at any time by contacting you 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 use My LeasePlan and the Services:
a. you must stop all activities authorised by these Terms, including your use of My LeasePlan and any Services; and
b. you must delete or remove the My LeasePlan mobile application from all devices in your possession and immediately destroy all copies thereof.

14. Applicable law and jurisdiction

These Terms and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with Dutch law. You can bring legal proceedings in respect of these Terms, My LeasePlan, the services or otherwise before the courts in Amsterdam, The Netherlands.