Term & Conditions LeasePlan

Terms of Use

Please read these Terms of Use (the "Terms of Use") relating to your use of the payleaseplan.co.uk website (the "Site"). By using the Site, you confirm that you accept these Terms of Use (together with the documents referred to in them) and that you agree to comply with them. If you do not agree to these Terms of Use, you must not use the Site.

1. INTRODUCTION

These Terms of Use apply in respect of all access by you of the Site. By using this site, you are agreeing to these terms and conditions, and are agreeing to be legally bound by them.

2. OTHER APPLICABLE TERMS

These Terms of Use refer to the following additional terms, which also apply to your use of our site: Our Privacy Statement, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.
These Terms of Use also additionally refer to the Refund Policy which sets out the terms and conditions under which we will make a refund.

3. CONTENT

3.1. All intellectual property rights in all the materials contained in the Site, the software used in the Site, any materials provided to you and the data collected by the Site (the "Content") including but not limited to patents, copyright, database rights, trademarks, design rights and domain names belong to LeasePlan and you shall obtain no rights in the Content save as set out in the following clause 2.2.
3.2. You may access and view the Content and may retrieve and display Content from the Site on a computer screen and/or print individual pages on paper and/or make a reasonable number of photocopies and/or store Content in electronic form on your computer's local hard-disc for your personal, internal use only. However, you may never copy, distribute, sell, publish or commercially exploit any of the Content without our prior written permission.

4. CHANGES TO CONTENT

LeasePlan may make changes to any part of the Site or the Content (including without limitation these Terms of Use) at any time. Where LeasePlan make changes to these Terms of Use, LeasePlan will notify you of any such changes by including reference to changes on the Site's Terms of Use page. By using the Site after the date of any change you are agreeing to those changes. If you do not agree to any of the changes you should not use the Site after the date of the changes that you do not accept. Ceasing to use the Site under this section does not constitute termination of the Terms of Use or release you from any continuing obligations under the Terms of Use.

5. PROVISION OF SERVICES

LeasePlan reserves the right to vary the nature of, or to terminate the provision of, any service provided by or through this Site, with immediate effect and for whatever reason.

6. WARRANTIES

6.1. The Content is for general information only and is provided on an "as is" and an "as available" basis. LeasePlan makes no representations and gives no warranties as to the accuracy, availability, completeness, merchantability, quality or fitness for any particular purpose of the Content.
6.2. LeasePlan does not warrant that the Content or the Site is virus-free or that the operation of the Site will be uninterrupted or error free.
6.3. Except as expressly stated in these Terms of Use, all warranties and conditions, whether express or implied by statute, common law or otherwise (including but not limited to warranties and conditions as to fitness for purpose and as to merchantable or satisfactory quality) are hereby excluded to the maximum extent permitted by law.

7. Limitation of our liability

7.1. Nothing in these Terms of Use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.
7.2. To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied.
7.3. We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
- 7.3.1. use of, or inability to use, our site; or
- 7.3.2. use of or reliance on any content displayed on our site.
7.4. If you are a business user, please note that in particular, we will not be liable for:
7.4.1. loss of profits, sales, business, or revenue;
- 7.4.2. business interruption;
- 7.4.3. loss of anticipated savings;
- 7.4.4. loss of business opportunity, goodwill or reputation; or
- 7.4.5. any indirect or consequential loss or damage.
7.5. If you are a consumer user, please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
7.6. We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.
7.7. We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
7.8. Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any goods or related services by us to you, which will be set out in our written agreement with you.

8. THIRD PARTY LINKS AND RESOURCES IN OUR SITE

8.1. Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only.
8.2. We have no control over the contents of those sites or resources.

9. SECURITY

You further agree that:

9.1. you will inform LeasePlan immediately on becoming aware of any unauthorised use, or if any equipment used by you to access the Services is stolen;
9.2. LeasePlan may invalidate or otherwise suspend use of your account if (a) you are in breach of the obligations under these Terms of Use or (b) you are notified, or become aware, of any unauthorised or improper use of the account by you or any third party, or of the fact that any equipment used to access the Site and the Services has been stolen.

10. GENERAL CONFIDENTIALITY

10.1. Without prejudice to the other provisions of these Terms of Use (including in particular but without limitation clause 6above) each of the parties hereto undertakes with the other that it shall, and it shall procure that its officers employees and agents shall, maintain in strictest confidence and not divulge or communicate to any third party any confidential information relating to the other.
10.2. The provisions of clause 7.1above shall not apply to any confidential information to the extent that:
- 10.2.1. either party is required to divulge the same by a court, tribunal or governmental authority with competent jurisdiction;
- 10.2.2. it has already come within the public domain other than by the default of the receiving party;
- 10.2.3. it was already known to the receiving party prior to the date of disclosure by the other party (as evidenced by written records);
- 10.2.4. it was independently obtained by the receiving party from a third party other than in breach of such third party's confidentiality obligation to the disclosing party;
- 10.2.5. it is necessary or desirable for LeasePlan to disclose it to Solicitors or other persons involved in its processes.

11. PAYMENTS

11.1. When LeasePlan receives a payment Instruction from you, you authorise WorldPay, on behalf of LeasePlan to debit your nominated account for an amount designated by you.
11.2. WorldPay on behalf of LeasePlan will use its best efforts to process all your payments properly. Transactions will be entered on your nominated account(s) as quickly as administratively possible. However, LeasePlan shall incur no liability if it is unable to complete any payments initiated by you because of the existence of any one or more of the following circumstances:
- 11.2.1. your nominated account does not contain sufficient funds to complete the transaction or the transaction would exceed the credit limit of your overdraft account or credit card;
- 11.2.2. you have not provided WorldPay on behalf of LeasePlan with the correct payment information, or the correct name, address, phone number, or account information.
- 11.2.3. circumstances beyond control of LeasePlan (such as, but not limited to, fire, flood, or interference from an outside force) prevent the proper execution of the transaction and LeasePlan has taken reasonable precautions to avoid those circumstances.

12. STATUTORY COMPLIANCE AND DATA PROTECTION

12.1. Both parties hereto undertake to each other that in respect of their obligations under these Terms of Use they will at all times comply fully with all relevant legislation including without limitation the Consumer Credit Act 1974, GDPR and the Data Protection Act 2018 and all re-enactments thereof and amendments thereto.
12.2. Any personal data that is provided by you on the Site will be held and processed by LeasePlan in accordance with the Privacy Statement. LeasePlan may use this data for its internal administrative purposes, and as part of this process LeasePlan may disclose this data to its auditors, regulatory bodies, agents and sub-contractors and other members of its group but LeasePlan will not disclose it to any other third parties.
12.3. Without prejudice to the foregoing, you will ensure that the provision by you to LeasePlan of personal data and LeasePlan's use of such data in carrying out the services shall not result in LeasePlan infringing GDPR and the Data Protection Act 2018.

13. FORCE MAJEURE

13.1. In the event of LeasePlan being rendered unable wholly or in part by force majeure to carry out its obligations under these Terms of Use it is agreed that on that party giving notice of such force majeure to the other party with reasonable promptness the obligations of the party giving such notice so far as they are affected by such force majeure shall be suspended during the continuance of the same it being agreed that LeasePlan shall use all reasonable endeavours to remove or avoid such force majeure with all reasonable despatch.
13.2. The term "force majeure" as used herein shall mean acts of God strikes lockouts or other industrial disturbances, acts of public enemy, wars, blockades, insurrections, riots, epidemics, landslides, earthquakes, fire, storm, civil disturbances, terrorism, governmental or quasi-governmental regulations and directions any failure of hardware and/or software and/or telecommunications services or equipment which is used by LeasePlan to provide the services which is due to the default of a third party and any other cause not within the reasonable control of the party claiming suspension all of which by the exercise of due diligence such party is unable to prevent.

14. WAIVER

No failure by either party to exercise any right or remedy available to it hereunder nor any delay to exercise such right or remedy shall operate as a waiver thereof nor shall any single or partial exercise of any such right or remedy preclude any other or further exercise thereof or the exercise of any other right or remedy.

15. ENTIRE AGREEMENT

These Terms of Use constitute the entire understanding between the parties relating to the subject matter of these Terms of Use and, save as may be expressly referred to or referenced herein, supersedes all prior representations, writings, negotiations, understandings, advertising literature or correspondence with respect hereto, except in respect of any fraudulent misrepresentation made by a party. Except in respect of any fraudulent misrepresentation made by a party, the parties acknowledge that they have not relied on any representations, writings, negotiations or understandings, whether express or implied, (other than as set out in these Terms of Use) in entering into these Terms of Use. Neither party limits or excludes its liability in respect of fraudulent misrepresentation.

16. SEVERANCE

These Terms of Use are severable in that if any provision of these Terms of Use is determined to be illegal or unenforceable by any Court of competent jurisdiction it shall be deleted to that extent and no further without affecting the remaining provision of these Terms of Use.

17. HEADINGS

The headings used for these Terms of Use are for convenience only and shall not affect the construction of these Terms of Use.

18. LAW

These Terms of Use shall be governed, construed and enforced in accordance with English Law and shall be subject to the exclusive jurisdiction of the English courts to which the parties hereby irrevocably submit.