Terms of Use

By accessing or using this website you agree to be bound by these Terms of Use

These Terms of Use apply to this website and to each website operated by Eclipx Group Limited (ABN 85 131 557 901) and its related bodies corporate (we, us or our) including eclipxgroup.com, fleetpartners.com.au, fleetplus.com.au, fleetchoice.com.au, novatedleasing.com.au, 1800accident.com.au, fleetpartners.co.nz and fleetplus.co.nz, and may also apply to information about the products or services we offer on websites hosted by third parties if those websites refer to these Terms of Use (each, a Website).

These Terms of Use constitute an agreement between us and the person who accesses, or has accessed, the Website (you or your).

By accessing or using the Website, you agree to be bound by these Terms of Use, or if you are accessing the Website on behalf of a business (including a company), you are authorised to bind that business to these Terms of Use. If you do not agree to these Terms of Use or any revisions to the Website, you should not use the Website.

We may make changes to these Terms of Use from time to time and will take reasonable steps to bring any such changes to your attention (such as by placing a notice of the change on the Website, together with the changed Terms of Use). Any changes will be effective immediately. Your use of the Website after any changes constitutes an agreement for you to comply with, and to be bound by, the updated Terms of Use. Accordingly, you should read these Terms of Use from time to time for changes.

Website Terms of Use

Use of the Website

You agree that you will not (either yourself or through a third party):

  • use any robot, spider or other automatic device or process to process, monitor, copy, or extract any webpages on the Website, or any of the information, content or data contained within or accessible through the Website, without our prior written permission;
  • use any device, software (including introducing any virus or worm or other malicious code) or process to interfere or attempt to interfere with the proper working of the Website, or any transaction or process being conducted on or through it;
  • reverse engineer, reverse assemble, decompile, or otherwise attempt to discover source code or other arithmetical formulae or processes in respect of the software underlying the infrastructure and processes associated with the Website;
  • copy, reproduce, alter, modify, create derivative works of, or publicly display, any part of any content from the Website, without our prior written permission; and
  • use the Website for any other unlawful purpose or activity.

Information about our products and services

The Website may contain general information about products and services that we provide. Unless expressly stated otherwise, this information:

  • does not constitute an offer or inducement to enter into a legally binding contract; and
  • does not form part of the terms and conditions for our products or services.

Electronic signing and validity

Where the Website enables you to sign a document electronically, you agree that:

  • the document may be signed electronically; and
  • when the document is signed electronically, the document is valid and effective for all purposes.

Links to third party websites and software

The Website may provide links to access various other websites operated, or information or software provided, by a third party (Third Party Materials).

We do not endorse, warrant, guarantee or accept any liability for the accuracy, copyright compliance, legality, decency or any other aspect of the content of any Third Party Materials. The inclusion of Third Party Materials does not imply any association with the operator or provider of the Third Party Materials.

Unless otherwise indicated, the use of any Third Party Materials are subject to the agreement between you and the relevant operator or provider.

Disclaimer

The content contained on the Website is provided by us in good faith on an “as is” basis for general information purposes only. The content does not take into account the objectives, financial situation or needs of any person, and does not constitute financial or tax advice. Before relying on the content, you should consider your own circumstances and seek independent financial and/or tax advice.

Although we make every effort to ensure that the content contained on the Website is correct, we do not make any representations about the suitability, reliability, timeliness, comprehensiveness and accuracy of the content.

We cannot guarantee that the content and the provision of the content of the Website will always be correct or fault, error and virus free, or that access to it will be uninterrupted. We do not accept liability for incorrect content or errors and omissions in the Website or its content (whether of legal, typographical, technical or other nature) but endeavour to correct them as quickly as practicable.

We will not be liable for any interference with or damage to your computer systems that may occur in connection with use of the Website or a linked website, or for any data lost or any equipment or software replaced by you as a result of you using the Website. You must take your own precautions to ensure that whatever you select for your use from the Website is free of viruses or anything else (such as worms or trojan horses) that may interfere with or damage the operations of your computer systems.

We reserve the right to restrict, suspend or terminate without notice your access to the Website or any feature of the Website at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result.

Liability

To the maximum extent permitted by law, including the Australian Consumer Law or the Consumer Guarantees Act (NZ), in no event will we be liable for any direct and indirect loss, damage or expense – irrespective of the manner in which it occurs – which may be suffered due to your use of the Website and/or the information or materials contained on it, or as a result of the inaccessibility of the Website and/or the fact that certain information or materials contained on it are incorrect, incomplete or not up-to-date.

Intellectual property

The trade marks, service marks and logos (Trade Marks) used on the Website are our or our licensor’s registered or unregistered Trade Marks. You may not copy, reproduce, adapt or transmit any Trade Mark in any form without our prior written consent and/or the consent of our licensors.

You must not make any use of any of the URLs associated with any of the Websites (or any other URL owned by us) on another website or digital platform without our prior written consent.

The Website, its associated layout and design, are our property. No part of the Website may be copied, reproduced, adapted or transmitted in any form by any process without our prior written consent.

Severability

If any provision of these Terms of Use are determined to be unenforceable or invalid to any extent by a court of competent jurisdiction, such provision will be deemed to be modified as needed to ensure its enforceability to the maximum extent permitted under the law and will not affect the validity and enforceability of any other remaining provisions.

Governing law

If you access a Website with a .com or a .com.au domain name, the Terms of Use are governed by the law in force in New South Wales, Australia. If you access a Website with a .co.nz domain name, the Terms of Use are governed by the law in force in New Zealand.

Each party submits to the non-exclusive jurisdiction of the courts exercising jurisdiction in New South Wales or New Zealand (as the case may be).

Security Statement

We understand that you may be concerned about the confidentiality and security of information we may collect from you online. This Security Statement explains how your personal information will be handled as you interact with the Website. We encourage you to review this Statement periodically because it may change from time to time.

In addition to this Security Statement, please review our Privacy Policy which sets out in greater detail how we collect and handle your personal information.

Security of information

We take reasonable steps to preserve the security of personal information to the extent that personal information is collected by cookies in accordance with this Security Statement. If your browser is suitably configured, it will advise you whether the information you are sending us will be secure (encrypted) or unsecure (unencrypted).

We regularly review developments in security and encryption technologies. Unfortunately, no data transmission over the internet can be guaranteed as totally secure. Accordingly, although we strive to protect such information, we cannot ensure or warrant the security of any information you provide to us through the Website and you do so at your own risk. Once we receive that information, we take reasonable steps to preserve the security of the information in our own systems.

Cookies

We use “cookies” as a fundamental part of our interaction with your internet browser. A “cookie” is a small text file placed on your computer by our web page server, which we can then later retrieve. Its purpose is to help us keep track of your visits to, and activity on, the Website. This enables us to provide you with more customised service and a better overall Website experience.

Cookies are frequently used on websites and you can choose if and how a cookie will be accepted by configuring your preferences and options in your internet browser.

We use two different types of cookies – “first-party cookies” and “advertiser cookies”.

First-Party Cookies

We allocate a cookie to each internet browser that visits the Website. We use this cookie to allocate an Eclipx Group identification number to your internet browser:

  • to determine if you have previously visited the Website;
  • to identify pages you have accessed and third party websites you have accessed; and
  • for security purposes.

Most of the Website operates by using this type of cookie. Accordingly, if you wish to make full use of the Website, you will need to accept cookies. Please note that while the cookie does not itself identify you, your identity may become apparent to us by your activity on the Website, which is tracked by the cookie.

When you use the Novated Lease Calculator available on a Website, we allocate a cookie to collect, store (on your computer only) and reuse the personal information that you input in the calculator (including your name, email, phone number and post code). We use this cookie to auto populate the Novated Lease Calculator with your information the next time you use it.

Advertiser Cookies

As you browse the Website, advertising cookies will be placed on your computer so that we can understand what you are interested in. Our display advertising partners then enable us to present you with targeted advertising on other sites based on your previous interactions with the Website. The techniques our partners employ do not collect personal information such as your name, email address, postal address or telephone number.

Third party vendors, including Google, Facebook, Twitter and Instagram may display ads based on your prior visit to the Website. You can opt out of their use of cookies by going to their account settings.

How we handle email

We will preserve the content of any email that you send us if we believe that we have a legal requirement to do so. Your e-mail message content may be monitored by Eclipx Group employees for security issues including where e-mail abuse is suspected. Also, our response to you may be monitored for quality assurance issues.