Terms of Use

This website is owned and operated by Yoogo Fleet, a trading division of L & F Limited.

Website information

By using this website you agree that you are bound by these Terms of Use and our Privacy Policy. Your use of this website is subject to your compliance with these Terms of Use and all applicable laws. As long as you comply with these Terms of Use, we grant you a personal, non-exclusive, non-transferable and limited licence to use this website.

Changes to this website

We may change these Terms of Use at any time without notice to you. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of this website following any changes constitutes your acceptance of any updated terms.

Information

We take care to ensure all information (including services, models, representations, specifications and pricing) excluding third-party material displayed on this website is accurate at the time it is uploaded. However, we are unable to guarantee that all information on this website is accurate, free of errors or faults. We may change any information displayed on this website (including pricing) at any time without notice to you. These Terms of Use do not govern any transactions processed via this website. If you purchase any goods or services following your use of this website, the terms of that transaction will be on separate terms as between you and AB Equipment. All information supplied is indicative only and non-binding.

Limitation of liability

To the maximum extent permitted by law, we will not be liable to you or any other person for any loss, damage, liability, claim or expense (including direct, indirect or consequential) arising out of or in connection with the use of, inability to use or information contained on, this website.

Disclaimers

The information available on this website is provided on an "as is" basis and without warranties of any kind either express or implied. To the maximum extent permitted by law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability, non-infringement and fitness for purpose.

We do not warrant this website (nor its functions) will be:

• uninterrupted or error-free;
• that defects will be corrected; or
• that this website or the server that makes it available is free of any virus or other harmful elements.

We do not warrant or make any representations regarding the correctness, accuracy, reliability, or otherwise of the information available on this website or the results of their use. Nothing in these Terms of Use limits our obligations under relevant consumer laws.

Indemnity

You agree to indemnify and hold us, our officers, employees, agents, subsidiaries and affiliates, harmless from any demand, loss, damage, liability, claim or expense (including attorneys’ fees), made against us or them by any third party, due to or arising out of, or in connection with, your use of this website or any information, goods or services listed on it.

Intellectual property

All information contained on this website (including, without limitation: text, graphics, logos, icons, images, audio clips, site design and software) is owned by, or licensed to us. Any person who gives us content to upload to this website gives us a licence to use that content. You may not copy, republish or redistribute any of the information available on this website by any means.

Third-party materials

This website includes third-party material, advertising, promotions or links to third party websites. While we have taken reasonable care to ensure that third parties are reputable, we may not have reviewed, do not endorse and will not be responsible for the contents of any third-party material. You maintain full responsibility for your use of third-party websites and any dealings with third parties. For the purposes of these Terms of Use, third-party includes any related company of Yoogo Fleet.

Use of website

You agree not to:

• disrupt, modify or interfere with our website and its software, hardware and servers in any way;
• modify any information or content on this website; and
• use this website in any inappropriate or unlawful way.

Privacy policy

By using this website, you authorise us to collect, use and disclose your personal information for the purposes detailed in our Privacy Policy. You have the right to ask for a copy of any personal information we hold about you, and to ask for it to be corrected if you think it is wrong. If you’d like to ask for a copy of your information, or to have it corrected, please contact us at sorted@yoogofleet.co.nz. Please see our Privacy Policy for more information.

Electronic messages

If you enter your email address into this website, you agree to us sending you information in electronic form to that address. If you prefer not to receive emails from us, please send your details in an email with "Unsubscribe" in the subject line to:

Governing law

This website is governed by, and is to be construed in accordance with the laws of New Zealand.

Severability

If any provision of these Terms of Use is found to be unlawful, void, or for any reason unenforceable; that provision shall be deemed severed from these Terms of Use and shall not affect the validity and enforceability of the remaining provisions.

Privacy Policy

We respect you and your privacy, which is why we have created this privacy policy. This privacy policy sets out:

• the way in which we collect, hold, use and disclose your personal information; and
• your rights in relation to your personal information.

To take into account changes in the law, and our information governance practices, we may update this policy from time to time. Where we make any changes, we will publish an updated privacy policy on our www.yoogofleet.co.nz website. We advise you to review our privacy policy on the website periodically in case of any changes. Your continued use of this website following any changes to this privacy policy constitutes your acceptance of any updates.

Personal information

You can access and browse our website without disclosing any information about you.

• We only collect personal information you choose to give us.
• We may also collect aggregate data based upon website usage. This data allows us to assess the popularity of certain areas of the network and raise the level of website performance that we provide for you. However, it gives us no information about you individually.

When do we collect your personal information?

We may collect your personal information (whether directly from you or through a third party) when:

• you, or your organisation, use our website or services;
• you, or your organisation, provide services to us or offer to provide services to us;
• you, or your organisation, contact us for any reason including, but not limited to, reporting a problem with our website or services, requesting further services or otherwise seeking our assistance; and
• you subscribe to receive information or updates from us, fill in surveys or research, or participate in promotions or competitions we offer.

While we will always aim to collect your personal information directly from you, there may be occasions when we collect your personal information from other sources, such as from:

• a public or commercial information services provider, for example when undertaking a credit check;
• a third party assisting us to locate or communicate with you, for example your employer or an IT services provider;
• vehicle dealers and other businesses involved in dealings with both you and us; or
• a current or previous employer or an educational institution, when you are applying for employment with us.

What kind of personal information do we collect?

The kinds of personal information we collect varies according to our relationship with you and includes:

• contact and identification information, such as your name, address, email address and telephone number;
• government identifiers and related information, such as your driver licence, which we may obtain to verify your identity or eligibility at the time you request a service from us;
• other details relating to your dealings with us, for example, information about agreements or other arrangements or transactions you may have with us;
• any information you voluntarily provide to us; and
• any other information lawfully obtainable under the Privacy Act.

We occasionally collect information through our website using cookies and similar technologies, including Google Analytics, in order to help us understand how people use our website. For example, Google Analytics may provide us with information on how many people visit our website and what pages they visit. We use the information provided by Google Analytics to help us improve our website. The information we collect through our website is aggregated and does not identify you personally.

You may disable cookies by changing the settings on your browser, although this may mean that you cannot use all of the features across our website. In addition, you can choose to opt out of Google Analytics across all websites you visit without impacting your ability to access our site. You can find out more information on how to opt out of Google Analytics here.

What if you don’t provide us with personal information?

Whilst you are under no obligation to provide your personal information to us, without certain information from you we may not be able to provide you with our services or otherwise fulfil the purpose for which we have requested the information.

How we use your personal information

We may use your personal information for one or more of the following purposes:

1. To fulfil a contract, or take steps related to a contract, with you or your organisation;
2. As required by us to pursue our legitimate interests, including:

• managing our services;
• managing our relationship and arrangements with you or your organisation;
• accounting, billing and other internal administrative purposes;
• enforcing our rights, including undertaking debt collection activities and legal proceedings; and
• undertaking business funding and development activities;

1. where required by law, including to comply with our record-keeping obligations;
2. to carry out surveys into your experience of our services;
3. to inform you of products and services that may be of interest;
4. to notify you about changes to our services.

Disclosure of your personal information

We will only disclose your personal information to other parties when we are legally permitted to do so. When we disclose personal information to others, we always do so under contractual and security arrangements designed to protect your personal information and to comply with applicable privacy requirements.

We may share your personal information with:

• any of our associated entities, related companies, affiliates or subsidiaries forming part of Equipment Leasing & Finance Holdings Limited (trading as ELF Group) on a confidential basis;
• our business partners, suppliers and sub-contractors in relation to any services we provide to you or any other dealings we have with you in the normal course of business;
• our financial and other professional advisors;
• our data processing and IT service providers;
• regulatory bodies and law enforcement authorities;
• other participants in financial and payment systems who have a relationship with you, such as banks, credit providers and credit agencies, or who have a relationship with us, such as debt collectors;
• your employer, if you work for an organisation with whom we interact, however we will not share with your employer any personal information we have only as a result of you separately being a customer of ours in a personal capacity; and
• your guarantors and security providers, where relevant.

Where we store your information

We may store your personal information on computers located in New Zealand and in various other locations from time to time. We might disclose your personal information overseas for a variety of reasons including for the purposes described above and to the recipients described above in accordance with applicable privacy laws relating to the transfer of that personal information to foreign countries. You agree and acknowledge that the overseas recipient will be subject to the privacy law of their local jurisdiction.

 

We will only use and disclose your personal information for marketing purposes:

1. within Equipment Leasing & Finance Holdings Limited (trading as ELF Group); and
2. where you have consented to receive such marketing.

We do not and will not sell your personal information to third parties for direct marketing purposes.

We may use your personal information to contact you with newsletters, marketing or promotional materials and other information that the business deems necessary to communicate with its customers and website users from time to time.

Security and retention of your personal information

We may hold your personal information in physical form or in electronic form on our systems or the systems of our IT and data processing service providers. We take reasonable steps to ensure that the personal information we hold is protected from misuse, interference, loss and from unauthorised access, modification or disclosure.

We will destroy or de-identify personal information in circumstances where it is no longer required to fulfil the purpose we collected it for, including as may be required for any record keeping, legal or accounting purposes.

Personal information may be kept for longer periods where required by applicable law or regulation or in order to establish, exercise or defend our legal rights.

Your rights in relation to your personal information

You have certain rights in respect of our use of your personal information:

1. right of access: in general, you have the right to obtain confirmation from us as to whether we process personal information about you and access a copy of such personal information.
2. right to rectification: you have the right to request inaccurate personal information we hold about you is rectified, and incomplete personal information is completed.

If at any time you would like to exercise any of the rights set out above, or you would like more information on our approach to privacy, please contact us directly at sorted@yoogofleet.co.nz

Please note that, in order to obtain access to your personal information, you will have to provide proof of identity. This is necessary to ensure that personal information is provided only to the correct individual and that your privacy and the privacy of others is protected.

Where you request access to your personal information, we would be grateful if you are reasonably specific about the information you require.

Complaints and disputes

We hope you won’t need to, but if you wish to make a complaint about our handling of your personal information, please contact us directly at sorted@yoogofleet.co.nz

Following a complaint, a senior staff member will commence an investigation into your complaint. You will be informed of the outcome of your complaint following completion of the investigation.

At all times, privacy complaints:

• will be treated seriously;
• will be dealt with promptly;
• will be dealt with in a confidential manner; and
• will not affect your existing obligations or impact on the commercial arrangements between you and us.

We encourage you to raise your privacy complaints with us directly. You also have the right to complain to the New Zealand Privacy Commissioner (http://www.privacy.org.nz/your-rights/complaint-form).

How to Contact Us

Please direct all privacy queries to us at sorted@yoogofleet.co.nz

1. Definition

“You/your” means you, the user of this website.

“We/us/our” means Yoogo Fleet, a trading division of L & F Limited.

"Equipment Leasing & Finance Holdings Limited (trading as ELF Group)" includes the following subsidiaries & trading divisions: AB Equipment, Speirs Finance Group, L & F Limited, Yoogo Fleet and Speirs Finance.