Addresses all natural persons or legal entities that have access and use the LeaseTeq dealer portal.

1. Scope

These terms and conditions (“Terms“) apply to the access and use of LeaseTeq dealer portal (together the “Services“), available on https://ch.leaseteq.com/partners/, offered by LeaseTeq AG (“LeaseTeq”) registered under UID: CHE-167.950.125.

To access or use the Services, you (“User“) have to agree to these Terms. If the User does not agree to these Terms, the User may not use or access the Services. By accepting these Terms, the User enters into an agreement with LeaseTeq (“Agreement”).

Unless explicitly stated otherwise, any reference to goods and services is for informational purposes only and does not constitute an offer to buy or sell any goods or services.

2. Services & Access to the Services

LeaseTeq provides the User with the Services as agreed in the Terms and the Agreement. The User needs to register an account to access and use all or part of the Services.

The User must provide accurate, current, and complete information during registration and keep their account information up-to-date. Accounts registered by bots or automated methods are not authorized and will be terminated.

The User is responsible for maintaining the confidentiality and security of their account credentials and may not disclose their credentials to any third party. The User is responsible and liable for activities conducted through their account and must immediately notify LeaseTeq if there is any suspicion that their credentials have been lost, stolen, or their account is otherwise compromised.

3. Rights & Obligations of LeaseTeq

LeaseTeq:

• makes the Services available to the User and uses reasonable care and skill in the performance of the Services and in keeping the Services free from viruses and other malicious software programs;
• regularly carries out maintenance or improvements to the Services and its infrastructure, but does not guarantee that the Services will function without any interruption or disruption. The User acknowledges that this may result in temporary delays and interruption from time to time. Where reasonably possible, LeaseTeq will inform the User about potential interruptions in advance;
• provides the User with reasonable support during LeaseTeq’s business hours;
• may subcontract third parties for all its obligations under these Terms;
• is liable to the User for its subcontractors and ensures that subcontractors are bound to appro-priate confidentiality and data protection obligations;
• is permitted and possibly required by law to suspend access to the Services or the User’s account based upon reasonable determination of the occurrence or potential for occurrence of illegal or wrongful activity, fraudulent use or attempted fraudulent activity. In case of a suspension, the User remains liable for all charges and fees incurred during the suspension period.

LeaseTeq reserves a right to ask the User to provide feedback through forms, questionnaires, and polls in order to improve their Services (“Feedback”). LeaseTeq may use, or not use, any such Feedback, without any obligation, whether financial or otherwise, to the User. The User assigns all rights (including but not limited to intellectual property rights), title, and interest in the Feedback provided, regardless of asked by LeaseTeq or provided voluntarily, to LeaseTeq and acknowledges it has no claim in relation to the Feedback.

4. Rights & Obligations of the User

The User agrees to use the Services in compliance with the Agreement and all legal and moral obligations applicable in the territory where they are located.

The User is obliged to:

• cooperate in the performance of this Agreement to the necessary extent free of charge;
• provide LeaseTeq with all necessary information, documents, materials, access, software, data, as well as competent staff, and anything else reasonably required for the provision of Services;
• inform LeaseTeq immediately if errors or faults occur and to support LeaseTeq in the analysis and, if necessary, in the elimination of errors and faults to the extent required;
• check their data and information for viruses or other harmful components before entering it and to use state-of-the-art virus protection programs for this purpose.

If the provision of Services under this Agreement is delayed due to the User’s failure to comply with their duty to cooperate or due to other circumstances for which the User is responsible, the User shall bear the disadvantages and additional costs incurred.

The User must immediately inform LeaseTeq of all circumstances within its sphere that might endanger or may be relevant to the providing the Services and all misuses or suspicions of misuse of the Services.

The User may not:

• circumvent or attempt to circumvent any security protection of the Services;
• use the Services in unlawful or fraudulent ways or for any unlawful or fraudulent purpose or effect;
• access the Services via any automated system or take any action that may impose an unreasonable load on LeaseTeq’s infrastructure;
• bypass the measures that LeaseTeq may use to prevent or restrict access to or use of the Services.

The User agrees they will not, unless with LeaseTeq’s prior written permission:

• try to decompile or reverse engineer the Services or any part of it, or derive the source code;
• copy, modify, distribute, reproduce, translate, disassemble or use in any other way any information, text, graphics, images, software obtained from the Services, or any other part of the Services;
• create derivative works based on the whole or any part of the Services or any content available on the Services

The User may not sell, sublicense, allow access or make the Services or any part of it otherwise available to third-parties.

The User agrees not to use or exploit the Services, any part of it or any content contained there in any data mining or any other similar activity.

5. Term & Termination

The Agreement between the parties may be terminated at any time by either party.

Termination does not affect any rights, obligations, or liabilities of either party that have accrued before termination or are intended to continue to have an effect beyond termination.

6. Intellectual property

All pre-existing rights, titles and interests, including all copyrights, trademarks, know-how and other intellectual property rights and other rights (“IPR”) are vested in the respective party. The parties undertake not to interfere in any way with the IPR of the other party. The IPR created by LeaseTeq dur-ing the Agreement shall remain with LeaseTeq. The IPR created by the Partner remains with the Part-ner.

LeaseTeq grants the Partner a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to use the Services in accordance with these Terms. This limited license is subject to compliance with these Terms. Any other use of the Services, including, without limitation, copying, distributing, displaying, reproducing, creating derivative works from, or commercialization of the available content or any part of it, is strictly prohibited without LeaseTeq’s prior written consent. Systematic retrieval of content from the Services or the website for any purpose without the prior written permission of LeaseTeq is strictly prohibited.

Any other use, including but not limited to modification, copying, transmission, distribution, display, performance, reproduction, publication, licensing, framing, creation of derivative works, transfer or commercialization of the available content or any portion thereof, is strictly prohibited without the prior written consent of LeaseTeq.

If unauthorized third parties are granted access or the Services is misused, this Agreement will be terminated without notice and the partner must pay a penalty to ensure that the damage suffered by LeaseTeq is compensated.

7. Liability & Warranty

LeaseTeq is fully liable to the User for damages resulting from LeaseTeq’s gross negligence or willful misconduct. LeaseTeq’s liability in all other cases and to the extent permitted by applicable law is excluded.

LeaseTeq will not be held liable for inaccuracy or incompleteness of the Services, or the incompatibility of the Services with any specific objectives that the User is hoping to achieve.

Neither party shall be liable for any failure to perform its obligations under this Agreement (other than payment obligations) caused by circumstances beyond the parties’ reasonable control (force majeure).

The User acknowledges that the Services are provided “as is” and “as available”, and LeaseTeq makes no warranties or representations of any kind related to the Services or the information and materials contained thereon. LeaseTeq makes the Services available to the User and uses reasonable care and skill in the performance of the Services.

Except as explicitly stated in the Agreement, LeaseTeq makes no express or implied warranty as to the any part of the Services.

8. Confidentiality & Data protection

The parties may disclose to each other confidential information (“Confidential Information”). Confidential information includes, without limitation, any information which is marked as confidential such as organization information, User databases, data, trade secrets, functionalities and features of the Services, or information which has otherwise been indicated as being confidential or could reasonably be deemed confidential and attributable to the User or LeaseTeq. This obligation extends to all information relating to both the internal organization of the parties and their relationships with third parties. Publicly available or accessible information, as well as information that the receiving party has lawfully and unrestrictedly obtained or independently developed, shall not be considered confidential.

Each party shall:

• protect the other party’s Confidential Information with the same degree of care that it uses to protect its own Confidential Information, but in no event with less than reasonable care;
• not disclose the Confidential Information except to affiliates, employees, agents and professional advisors who have a need to know such information and have agreed to keep it confidential.

The parties shall remain bound by this confidentiality obligation even after termination of the agreement with the other party.

LeaseTeq collects and processes personal data necessary for the purpose of the Agreement, as described in its Privacy Policy available at https://ch.leaseteq.com/data-privacy/. LeaseTeq protects the collected personal data by means of appropriate technical and organizational measures and in accordance with the data protection legislation applicable in Switzerland and the European Union.

The partner guarantees that its own customers have given their consent to forward their data (e.g. contact, address data) to LeaseTeq and its refinancing partners. The purpose of this forwarding is necessary for the use of the software and is also communicated to the customers. Personal data, such as identification data, must be processed in order to provide LeaseTeq’s Services.

The User authorizes LeaseTeq to use, process, and store relevant data for the performance of the Agreement and to use anonymized data to improve its services or for analysis purposes.

9. Changes to the Services & Terms

LeaseTeq may amend the Terms, from time to time at its sole discretion by publishing an updated version of the Terms on the Services. Where possible, LeaseTeq will electronically notify the User of any material changes to the Terms. The User should check the Terms regularly and only use the Services upon acceptance of the changes to the Terms. The User’s continued use of the Services following any amendments indicates acceptance of the changes to the Terms.

LeaseTeq constantly develops and improves its Services and may modify or either temporarily or permanently stop providing the offered Services or any part of it at its sole discretion. In case of material changes to the Services, i.e., changes significantly altering the nature and scope of the Services provided to the User according to the Agreement, LeaseTeq will notify the Users that are directly affected by such changes, and where reasonably possible.

If the User disagrees with the material change to the Services or Terms (including changes of the respective fees), the User may terminate the Agreement within 1 month from LeaseTeq’s notice where applicable, otherwise from the publication of the respective change. Such termination is effec-tive from the date the changes take effect or the delivery date of the termination notice if occurred after the changes took effect.

10. Miscellaneous

Entire Agreement: The Agreement constitutes the entire agreement between LeaseTeq and the User, and supersedes all prior agreements, between the parties relating to the subject matter of the Agreement.

Any deviation from the Terms not anticipated by the Terms requires an explicit reference to the altered clause of the Terms.

Notices: Notices must be given in writing, including e-mail, and need to be communicated:

• to LeaseTeq’s attention: via email to: support.ch@leaseteq.com
• to the User’s attention: by publishing on the Services or where explicitly agreed between the Parties via email to the last e-mail address provided for this purpose by the User. It is the User’s responsibility to keep provided contact information current.

No Assignment: The User may not assign any of its rights, obligations, or claims under the Agreement without the previous consent of LeaseTeq.

Severability: If any provision of the Agreement (in whole or part) is held to be illegal, invalid or otherwise unenforceable, the other provisions will remain in full force and effect.

Language: These Terms are available in more than one language version. In case of discrepancy be-tween the English version of these Terms and any translated version, the English version prevails.

Governing Law & Jurisdiction: These Terms, and all claims or causes of action that may be based upon, arise out of or relate to these Terms or the Agreement shall be governed by and construed in accordance with the substantive laws of Switzerland, excluding its conflict of law provisions, exclud-ing the United Nations Convention on Contracts for the International Sale of Goods (CISG). The or-dinary court at the seat of LeaseTeq has exclusive jurisdiction for all disputes arising from or in con-nection with the Agreement.

 

Version EN1.0. July 2023