2. OTHER APPLICABLE TERMS
- 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
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.
- 6.1. 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.
7. Limitation of our liability
- 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. SECURITYYou 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;
10. GENERAL CONFIDENTIALITY
- 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.
- 11.1. 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
- 12.3. 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 the Data Protection Act 1998.
13. FORCE MAJEURE
- 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.
- 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
LeasePlan UK Limited (LeasePlan) is registered in England and Wales with company number 1397939 and has its registered office at 165 Bath Road, Slough, Berkshire SL1 4AA. LeasePlan UK Limited is VAT registered with VAT number 442 558 739.