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1.
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Welcome to LeasePlan
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1.1
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These terms of use are applicable for the use of Evo II site within www.leaseplan.co.nz (“Evo II Site”) owned by LeasePlan New Zealand Limited (“LeasePlan”), a registered limited liability company incorporated in New Zealand with company number 411131, with registered offices at 632 Great South Road, Ellerslie, Auckland 1051.
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1.2
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These terms of use (“Terms”) govern your access to and use of the Evo II Site. Please read these Terms carefully, and contact us using the details in clause 18.2 below if you have any questions. By accessing or using the Evo II Site, including using any information provided on or via the Evo II Site, you agree that you have read, understood and agree to be bound by these Terms and by our Privacy Statement, which can be accessed here. All personal information provided to or collected by us in connection with your use of this Evo II Site will be collected, stored, used and disclosed in accordance with our Privacy Statement.
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1.3
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In these Terms:
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(a)
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LeasePlan, our and we means LeasePlan New Zealand Limited, including its successors and assigns; and
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(b)
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you means any user of the Evo II Site.
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1.4
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In addition to these Terms, we may notify you of specific terms of use that will apply to your use of the Evo II Site (“Specific Terms”). In the event of any conflict between these Terms and any Specific Terms, the Specific Terms shall prevail.
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2.
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Use of the Evo II Site
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2.1
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You may use our Evo II Site only if you are authorised to form a binding contract with LeasePlan. Your use of the Evo II Site must comply with these Terms and all applicable laws.
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2.2
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When you register to use the Evo II Site, and at all times during your use of the Evo II Site, you must provide us with accurate, up to date, and complete information that is not misleading, including any personal information you provide to us in relation to your customers. You may be provided with a user name and password when you register with us, which will provide you with access to the Evo II Site.
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2.3
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You are responsible for ensuring:
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(a)
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your user name and password are kept secure and not disclosed to unauthorized persons;
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(b)
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you immediately inform us of any suspected or actual unauthorised access to your user name or password. LeasePlan reserves the right to cancel a user name or password or remove or restrict access at any time;
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(c)
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any information held by us in relation to you is up to date;
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(d)
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you and your authorised representatives who are employees or contractors who work within your organisation who have a genuine need to use Evo II for business purposes (“Authorised Representatives”) only access the Evo II Site from your official business premises as notified by you to us in writing from time to time;
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(e)
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your Authorised Representatives comply with the Terms, including maintaining the security of your user name and password; and
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2.4
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In addition to these Terms, we may notify you of specific terms of use that will apply to your use of the Evo II Site (“Specific Terms”). In the event of any conflict between these Terms and any Specific Terms, the Specific Terms shall prevail.
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2.5
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LeasePlan may act on, process or complete electronic approval requests transmitted by you through the Evo II Site without further consultation with you. If you use this electronic approval function, it will have the same effect as if you had issued an invoice to LeasePlan.
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3.
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Customer information
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3.1
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You shall ensure that when collecting, storing, disclosing, using or dealing in any manner with personal information from your customers, suppliers and any other persons you will comply with the provisions of the Privacy Act 1993.
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3.2
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If you provide us with any personal information about any other person, you confirm that:
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(a)
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you have their auhorisation to provide their information to us and to authorise us to collect and use that information for the purpose of generating a vehicle maintenance approval. Issuing an invoice or otherwise for the purpose for which the information was provided to us;
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(b)
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you have informed them of their rights to access and request correction of their personal information in accordance with the Privacy Act 1993; and
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(c)
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the information provided does not infringe the intellectual property rights of any third party.
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4.
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Information provided through the Evo II Site
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4.1
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Content in the Evo II Site is provided for creating maintenance jobs, requesting approval and for submitting invoices. It does not constitute technical, financial, legal advice or any other type of advice and LeasePlan accepts no liability to you or any third party, including your customers for any such information.
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5.
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Security
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5.1
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LeasePlan controls and maintains this Evo II Site from New Zealand.
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5.2
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LeasePlan has taken all practicable steps to endeavor to ensure that the information you transmit to us is secure, but LeasePlan does not warrant or guarantee the security of any information that you transmit to us using the Evo II Site. LeasePlan does not represent or warrant that the Evo II Site functions without error or interruption. We care about the security of our users. While we work to protect the security of your account, LeasePlan cannot guarantee that unauthorised third parties will not be able to defeat our security measures. Please notify us immediately of any compromise or unauthorised use of your account.
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5.3
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You agree not to violate or attempt to violate the security of the Evo II Site, which includes any unauthorised access, malicious damage, interference, spam, mail bombing, viruses, worms, trojans 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.
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5.4
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LeasePlan cannot guarantee that any program available for execution from or via the Evo II Site is compatible with your systems or free from viruses, Trojans, malwares 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 or execution of all programs and files on the Evo II Site and you release LeasePlan entirely of all responsibility for any consequences of its use.
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5.5
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We encourage those who have discovered potential security vulnerabilities in any of our services to disclose it to us in a responsible manner. Please share the details of any suspected vulnerabilities with us by clicking here.
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6.
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Intellectual Property
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6.1
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LeasePlan owns or has obtained a valid licence to use all rights (including copyright, trademarks, patents as well as any other intellectual property rights) in relation to the Evo II Site, the services and products provided through the Evo II Site, and all information provided on or via this Evo II Site (including all texts, graphics and logos). All such intellectual property rights will remain solely with LeasePlan and/or its licensors (as the case may be). You may not copy, download, publish, distribute or reproduce any of the information contained or provided on or via the Evo II Site in any form, whether in hard copy, electronic or any other form outside the scope of these terms or the maintenance services agreement applicable to the services you or your organization provides without the prior written consent of LeasePlan.
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6.2
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Subject to these Terms and any other policies notified to you by us from time to time, we grant you a limited, non-exclusive, non-transferable, and revocable licence to use our Evo II Site.
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7.
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Termination
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7.1
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LeasePlan may terminate or suspend your use of the Evo II Site, any services provided through the Evo II Site, any functionality of the Evo II Site, or your specific account, with or without cause or notice, at any time. Upon termination, all provisions of these Terms that by their nature should survive termination shall survive termination, including, without limitation, clauses 5, 6 and 7 to 16 of these Terms.
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8.
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Indemnity
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8.1
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You agree to indemnify and hold harmless LeasePlan and its officers, representatives, directors, employees, agents, and its related companies, from and against any claims, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including, but not limited to, reasonable legal and accounting expenses (including costs of defence of claims or proceedings brought by third parties), incurred by us as a direct or indirect result of any act or omission of yours related to (a) your access to or use of our services or this Evo II Site (including any cost, claim, loss or expense relating to personal information as defined in the Privacy Act 1993) or (b) your breach of any of these Terms. For the avoidance of doubt, this indemnity includes loss incurred as a result of any unauthorised use of the Evo II Site by you or your representatives, employees, or contractors.
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9.
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Exclusion of Liability
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9.1
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The Evo II Site is provided on an “as is” basis. LeasePlan does not make any undertaking, representation, guarantee or warranty in relation to these Terms and the use of and access to the Evo II Site.
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9.2
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To the extent permitted by law:
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(a)
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LeasePlan expressly excludes all warranties, conditions and representations, whether express, implied or statutory relating in any way to this Evo II Site, its content, the services provided through it or its use (provided that nothing in these Terms is intended to have the effect of contracting out of the provisions of the Consumer Guarantees Act 1993 if you are not using this Evo II Site in trade); and
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(b)
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in no event will LeasePlan be liable under contract, tort (including negligence) or otherwise under or in connection with these Terms, the Evo II Site and/or your access to, use of, inability to use or reliance on this Evo II Site and any information contained in or accessed through this Evo II Site.
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9.3
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You acknowledge that access to this Evo II Site is provided at no charge and accordingly the exclusions of liability and indemnity set out in these Terms are fair and reasonable.
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10.
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Dispute resolution
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10.1
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For any dispute you have with LeasePlan, you agree to first contact us and attempt to resolve the dispute with us informally. If LeasePlan has not been able to resolve the dispute with you informally, we each agree to first try to resolve any claim, dispute (excluding claims for injunctive relief) arising out of or in connection with these Terms by mediation by appointing a mutually agreed mediator. If the parties cannot agree on the mediator within 14 days of a party referring a dispute to mediation, both parties will agree on a mediator appointed by the Chairperson of the Resolution Institute or the Chairperson’s nominee. Unless you and LeasePlan agree otherwise, the mediation will be conducted in New Zealand. Each party will bear its own costs and will divide the costs of the mediator equally. All claims must be brought in an individual’s capacity and not as a class member, unless expressly agreed to by LeasePlan.
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11.
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Governing law and jurisdiction
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11.1
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These Terms and any contractual or non-contractual matters arising out of or in connection with it shall be governed by the laws of New Zealand and the parties agree to submit to the exclusive jurisdiction of the courts of New Zealand.
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12.
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Notices
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12.1
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LeasePlan reserves the right to determine the form and means of providing notifications to you and you agree to receive legal notices electronically if we so choose.
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13.
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Changes to these Terms
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13.1
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We may revise these Terms from time to time without notice and the most current version will always be available on our Evo II Site. If a revision, in our sole discretion, is material, we will notify you. By continuing to access or use the Evo II Site after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using this Evo II Site and contact us to manually process maintenance approvals. If you have commenced any transaction prior to a change to these Terms, that transaction will be effected in accordance with the Terms in place at the time of submitting your offer to LeasePlan. You are responsible for regularly reviewing these Terms and your continued use of the Evo II Site constitutes your agreement to all such amended Terms.
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14.
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Assignment
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14.1
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These Terms, and any rights and licences granted hereunder, may not be transferred or assigned by you, but may be assigned by LeasePlan without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
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15.
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Entire agreement and severability
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15.1
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These Terms, together with the Privacy Policy and any amendments and any additional agreements you may enter into with LeasePlan shall constitute the entire agreement between you and LeasePlan concerning this Evo II Site. If any provision of these Terms is deemed invalid, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
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16.
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No waiver
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16.1
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No waiver of any term of these Terms shall be deemed a further or continuing waiver of such terms or any other term, and LeasePlan’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
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17.
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Feedback you provide
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17.1
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We value hearing from our users, and are always interested in learning about ways we can make the Evo II Site more relevant and better to use. If you choose to submit comments, ideas or feedback, you agree that we are free to use them without any restriction or compensation to you. By accepting your data, LeasePlan does not waive any rights to use similar or related feedback previously known to LeasePlan or developed by its employees, or obtained from sources other than you.
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17.2
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Please contact us by:
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(a)
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email at Contact@LeasePlan.co.nz;
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(b)
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telephone at 09 583 2000; or
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(c)
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fax at 09 583 2001.
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These Terms were last updated in June 2018.
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