Terms & Conditions

Please review and agree with these important terms and conditions before proceeding:

TERMS and CONDITIONS – Mercedes-Benz Financial Services Internet Customer Online Access

1 Acceptance of the Terms and Conditions of Use

1.1 These are the current terms and conditions of use of Mercedes-Benz Financial Services’ (MBFS) Customer Online Services site and are in addition to your individual Terms and Conditions which form part of your finance contract with us.

1.2 You accept these terms and conditions on your own behalf and, if applicable, on behalf of your company or business

2 Definitions

"Account" means any loan, lease, hire or like finance facility or arrangement or policy of insurance you have entered into with MBFS

"Business Day" means any day from Monday to Friday inclusive that is not a public holiday.

"BP ID" means the identification number issued by MBFS to you when you register to use the service

"MBFS" means Mercedes-Benz Financial Services New Zealand Ltd

"Password" means a unique secure set of letters, numbers or characters required to be set up by you access this service.

"Service" means the MBFS Internet Customer Online Services

"You" means any person issued with a Business Partner ID who registers to use the service

“We”, “us” or “our” means Mercedes-Benz Financial Services New Zealand Ltd of 9 Pacific Rise, Mt Wellington, Auckland, New Zealand.

3 Access to the Service

3.1 MBFS agrees to make available to you access to the service in accordance with, and subject to, these terms and conditions

3.2 You agree that access will not be given to the service

(a) unless a valid Username and Password is entered as and when prompted by the service; or

(b) if your registration has been suspended or cancelled under clause 10

3.3 When you first use the service, you will be required to select a new unique Password

3.4 You acknowledge that any person who supplies MBFS with your Username and Password will be allowed access to the service and to each of your accounts. Your obligations concerning the security of your Password are found in clause 4

3.5 MBFS does not represent or guarantee that access to the service will be uninterrupted. You acknowledge that the service may be affected by delays, faults or outages which may be caused by factors including (but not limited to) technical difficulties with or the performance or operation of MBFS's or another person's software, systems or equipment, or traffic or technical difficulties with the internet

4 Access and Security

4.1 Your Password must be kept safe and secure. You must not:

(a) show or otherwise disclose your Username or Password to any other person

(b) record your Username or Password in any way which would allow anyone else to identify the record as your Username or Password

(c) permit any other person to use your Username or Password nor

(d) select a Password which is easily identifiable, such as your birth date, surname or street name

4.2 You acknowledge that any person permitted by you to use the service on your behalf can access and transact on your account(s) in the same way that you can

4.3 You are responsible for any use of the service by any person you have permitted to access the service and your accounts, including all transactions performed through the service by that person on your account(s), as if that use was by you

4.4 You may request that MBFS cancel your access to this service by calling 0800 462 369. MBFS may require written confirmation of any request

4.5 MBFS must be notified immediately if a record of your Password is lost or stolen or you are aware or suspect that another person knows or has used your Username or Password. MBFS will then cancel the Password and will require you to select a new one

4.6 MBFS may cancel a Password at any time without notice to you if MBFS believes that the Password is being misused or has been used to perform an unauthorised transaction.

5 Security of MBFS Internet Customer Online Services Access

5.1 MBFS will use measures as it considers reasonable to assist in ensuring the security of the service. MBFS currently employs a range of security measures, including firewalls and data encryption. However MBFS cannot guarantee that any data transmission over the internet is totally secure.

5.2 You alone are responsible for your own PC security and anti-virus measures, and those of any person you have permitted to access the service on your behalf, to help prevent unauthorised access through the service to your accounts and associated transactions.

6 Functions of the Service

6.1 The service offers a range of functions for your convenience including but not limited to:

(a) amending your address details;

(b) request to amend your direct debit arrangements;

(c) requesting a pay-out figure on your account;

(d) reviewing your payment history

(e) requesting terms and conditions governing your account; and

(f) requesting general information.

6.2 Account information accessed through the service should reflect the status of that account at the time your request is made, excluding any payments made on the current business day. However there may be circumstances, for example, systems failure and technical difficulties as contemplated in clause 3.5, which mean that your account information may not be fully updated at the time of your request.

6.3 MBFS may, at any time and without notice to you, add or remove or make changes to the service.

7 Instructions to MBFS

7.1 MBFS may delay acting upon an instruction or may ask you for further information before acting on the instruction if, for example, the instructions are not complete or for security reasons. MBFS may refuse to act on an instruction if MBFS is restricted or prohibited by law, regulation, government or industry code or restriction from permitting the instruction to be carried out.

7.2 MBFS will use its best endeavour to accommodate an instruction given by you to amend or delete a transaction instruction given to MBFS through the service. However you acknowledge that MBFS may not be able to comply with instructions not received before midnight AEST on the MBFS Business Day before the transaction is scheduled to occur. You should check with your bank or financial institution to ascertain any time constraints it may impose.

8 Your Liability

8.1 You are liable for any loss through any unauthorised access to your account(s) if you and/or any person permitted by you to access the service contributed to the unauthorised access by:

(a) disclosing, either directly or indirectly, a Username or Password to another person;

(b) enabling a Username or Password to be identified by another person because either record was kept without a reasonable attempt being made to disguise it or you selected a Password which is easily identifiable;

(c) failing to log off the service and/or to close the browser window enabling a third party to access your account(s) or any information about you; or

(d) failing to notify MBFS immediately on becoming aware your Password was known by another person.

8.2 You will be liable for, and you indemnify MBFS, on demand, against any loss, liability or damage which MBFS has suffered or may suffer because you did not observe obligations under these terms and conditions of use or acted negligently or fraudulently when using this service.

8.3 You are not liable for any losses:

(a) that are caused by the fraudulent or negligent conduct of MBFS or MBFS's employees or agents;

(b) resulting from any unauthorised use of a Password which took place:

(c) after MBFS has been notified that the Password has been lost or stolen or used by another person without authorisation, but before that Password has been reissued or reset or your service suspended (whichever occurs first).

9 MBFS's Liability

9.1 To the extent permitted by law, MBFS will not be responsible for any loss or damage (including consequential loss or loss of profits) suffered by you in relation to the use of, or the inability to use, the service, including, but not limited to:

(a) MBFS acting in accordance with any instructions given by you;

(b) MBFS not acting in accordance with any instruction where incomplete instructions are given and/or your service has been suspended or terminated;

(c) any reliance by you on information obtained through use of the service;

(d) delays in advising you, and crediting your account if a transfer or payment instruction is not successfully processed by your bank or financial institution;

(e) any delays or errors by third parties, including other banks and financial institutions;

(f) MBFS refusing to act on an instruction where MBFS is restricted or prohibited by law, regulation, the requirement of a government or similar authority or industry code from permitting the instruction to be carried out;

(g) failure of the service caused by the hardware or software used by you to access the service or by a third party (such as your internet service provider); or

(h) any failure or delay by MBFS to perform its obligations pursuant to these terms and conditions of use if such delay is due to a Force Majeure Event.

9.2 Clause 9.1 does not apply to any loss or damage that is attributable to:

(a) a breach of a condition or warranty implied at law in contracts for the supply of goods and services which may not be excluded, restricted or modified or only to a limited extent; or

(b) the negligence or willful default of MBFS or its employees.

10 Termination and Suspension

10.1 MBFS may terminate the service at any time by notifying you in writing. MBFS may withdraw or deny access to the service without prior notice to you for reasons of security, quality of the service or because MBFS is restricted or prohibited by law, regulation, the requirement of a government or similar authority or industry code from allowing you to use the service.

10.2 You may end your use of the service at any time by giving electronic notice to MBFS or by calling us on 0800 462 369. MBFS may require written confirmation of any such request.

11 Account Information

You should check your account records thoroughly. If you believe there has been a mistake in any transaction using the service, or an unauthorised transaction, you must notify MBFS immediately. You can do this by email or by calling MBFS on 0800 462 369. MBFS may require you to provide written confirmation or further details of the mistake or the unauthorised transaction, which you agree to provide. You acknowledge that delay in notifying MBFS may result in the issue being more difficult to rectify.

12 Amendments to these Terms and Conditions of Use

12.1 MBFS reserves the right to change these terms and conditions of use and any other information which it has issued about the service. Notice of any changes will be given to you by placing notice of the change on the service or otherwise in writing no later than the day the change takes place. If MBFS requires you to re-accept any changed or revised terms and conditions of use, you must accept these changed or revised terms and conditions of use in order to continue using the service.

12.2 MBFS will notify you if it ceases to be a member of the BPAY® Scheme.

13 Dispute Resolution

13.1 If you have a concern or payment query please contact MBFS by calling 0800 462 369 between 8.30am and 5pm Monday to Friday. In accordance with the Financial Advisers Act 2008, Mercedes-Benz Financial Services New Zealand Ltd is a Registered Financial Services Provider and as such belongs to an approved dispute resolution scheme; that scheme being Financial Services Complaints Limited.

13.2 If you are not satisfied with the response you receive you may wish to make a complaint. This may be done by calling 1300 730 200 between 8.30am and 5pm AEST Monday to Friday or by email. Your complaint will then be fully investigated. Alternatively you may send a fax detailing your concern to (09) 573 5116

13.3 The service and its use thereof is governed by the laws in force in New Zealand and in the event of any dispute you submit to the non-exclusive jurisdiction of the courts of New Zealand.

14 Notices

14.1 By agreeing to these terms and by continuing to access the Customer Online Services, you consent to receiving any notice or other document we are required to give you personally under these terms by one of the following methods:

(a) by emailing the notice or other document to your email address; or

(b) by making the notice or other document available for a reasonable period of time on the Online Service Centre for retrieval by you when you next access your Online Service Centre account; or

(c) by any other method provided for in the terms and conditions applying to your Account.

14.2 If we send you an email, the email is deemed to have been given once it enters your information system.