LEASEPLAN TERMS OF SERVICE

Last modified: 23 June 2020

PLEASE READ THESE LICENCE TERMS CAREFULLY

1. General

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 MyLeasePlan platform, MyFleet platform, Vehicle Availability Planner, Renewal Application, Rental and Car Quotation Tool (the Services) made available by LeasePlan Global B.V., a private limited liability company registered with the trade register of the Dutch Chambers of Commerce under registration number 39043990 with its offices located at Gustav Mahlerlaan 360, 1082 ME Amsterdam, the Netherlands (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, and 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.com

2. Registration

2.1 In order to use most parts of the Services, you must register and maintain an active user account. For certain Services we may provide you with an invite for the registration of your 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 suspect 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 collectthrough (your use of) the Services in the ways set out in our privacy policy.

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 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.

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 contact us through the contact details provided on www.leaseplan.com. 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 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. If you sell any device on which a mobile application is installed that enables the use of the Services, you must remove such mobile application from it.

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) not 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) not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of any Service;

(d) not use 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 any Service or our systems or attempt to decipher any transmissions to or from the servers running 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) the 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 the Services anytime for any reason, such as 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.

8. Support

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

10.1 By using one or more our mobile applications or any of the Services, you agree to us collecting and using technical information about the browsers, devices, through which you use the Services and related software, hardware and peripherals to improve our products and to provide any Services to you. For more information on the cookies we use, please review our cookie policy.

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 applicable mobile application on the device. 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

11.1 The Services 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 the Services at your own risk and subject to the following disclaimers. We are providing the 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 the services will be operational, error free, secure, or that the 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 the Services. We are not responsible for and are not obligated to control the actions or information (including content) of our users or other third parties. To the extent permitted by applicable law, 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 these Terms, or the 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 the Services, including information provided in connection therewith; (b) your breach or alleged breach of the 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 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 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 (non-)contractual disputes or claims arising out of) the relationship between you and LeasePlan shall be governed by the laws of the Netherlands, excluding its conflicts of law provisions. You and LeasePlan agree to submit to the personal and exclusive jurisdiction of the courts in Amsterdam, the Netherlands. 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 (non-)contractual disputes or claims arising out of) the relationship between you and LeasePlan and 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 Amsterdam, the Netherlands. 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.