WEBSITE USER TERMS AND CONDITIONS

GE Capital Solutions Europe Limited on its own behalf and for and on behalf of its subsidiary and associated companies which are also active in the provision of equipment finance and leasing, inventory finance and fleet services in various countries in Europe (" GECS") makes available on line account management and reporting services (the “Services”) through various web sites (the “Sites”). Use of the Services and the Sites are, subject to, the following terms and conditions. By accessing, using and/or downloading the Sites, materials from them (the “Materials”) and the Services available through them, you agree on your own behalf and on behalf of each entity and person on whose behalf you act to abide by these terms and conditions and the specific terms, conditions and notice contained in the Sites and Materials on the Sites. If you do not agree to this you should not use the Sites, download the Materials from them or use the Services available through them.

USE OF THE SITES, MATERIALS AND SERVICES

The Sites, Materials and Services are provided for the purposes of account management and internal reporting only. They shall not be used or relied upon for any other purpose including without limitation financial or other reporting.

NO UNLAWFUL OR PROHIBITED USE

You shall not use the Sites or the Materials in them for any purpose which is unlawful or which is prohibited by these terms and conditions.

PASSWORDS AND USER IDENTIFICATION NUMBERS

Access to the Sites, Materials and Services may be restricted by use of passwords and user identification numbers (“Passwords and User Identification Numbers”). Where this is the case Passwords and User Identification Numbers are personal to those to whom they are issued. They shall not be transferred. You must maintain Passwords and User Identification confidential and secure at all times. Any known or suspected loss, theft, disclosure or misuse of Passwords and User Identification Numbers must be promptly notified to GECS. You shall be responsible for any and all use (including without limitation unauthorised use) of the Passwords and User Identification Numbers.

USERS LIABILITY

You shall be responsible to GECS in respect of all loss, liability, damage, cost or expense (including without limitation reasonable legal costs and expenses) that GECS may suffer or incur directly or indirectly, wholly or in part, arising out of or in connection with your use or misuse of the Sites, Materials or Services or failure to observe these terms and conditions or any specific terms and conditions or notices on a Site or in Materials.

PROTECTION OF CONFIDENTIAL INFORMATION

GECS will take all reasonable steps, including without limitation the use of passwords and the establishment of firewalls, to protect confidential information stored on the Sites. However use of the Sites shall be at your own risk and GECS shall have no liability in respect of any breach of confidentiality.

MATERIAL AVAILABLE ON THE SITES

The Sites (including without limitation features of their construction and design) and the Materials (which shall include without limitation information, data, graphics, logos, sounds and documents) contained in the Sites contain proprietary information, trade secrets, copyright works and trademarks of GE, GECS, its affiliates and third parties. In addition the Sites may contain confidential data and personal data (which may include sensitive personal data) of fleet drivers. As such the Sites and the Materials are protected by laws relating to confidentiality and privacy and copyright, trademarks and other intellectual property rights.

You shall not make any use of the Sites or the Materials other than for the purpose for which they are made available. In particular the Materials shall not be modified, reproduced, republished, uploaded, posted, transmitted or downloaded other than for the purpose for which it is made available. This authorisation does not transfer title to any Materials and any copyright or other notices must be retained on all copies of the Materials.

SOFTWARE AVAILABLE ON THE SITES

Software that is available to download from the Sites (if any) (“Software”) is the copyrighted work of GECS, its affiliates and/or its suppliers. It is made available on a non-exclusive basis to you solely for the purposes for which it is made available. Where a licence accompanies any Software the installation and use of such Software will be subject to the terms of that licence. The Software shall not be used for any other purpose, including without limitation, copying for further redistribution, selling, de-compiling and reverse engineering. GECS AND ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES WITH REGARD TO THE SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TRADEMARKS

The GE and GECS names and logos are registered trademarks of the General Electric Company (USA). You must not use these or any other registered or unregistered trademarks displayed on the Sites without GECS’ prior written approval.

ACCURACY OF INFORMATION

Where you have the ability to provide information to the Sites you shall use your reasonable endeavours to ensure the accuracy of any information. GECS shall be entitled to rely on any information provided and take action on any request where such information has been made available by or request given by you.

You understand that information presented in the reports contained in the Sites is based upon data and information provided by a number of different sources, including you and other employees and agents of your company and its affiliates, third party vendors, suppliers and providers and certain governmental bodies and agencies. We have not independently verified the accuracy of any such data or information. Predictions, projections or estimates made as part of the Services or in the Sites are based upon historical data and assumptions. While GECS believe the assumptions are reasonable GECS does not warrant the accuracy of any such predictions, projections or estimates.

In the event that any inaccuracy comes to GECS attention, such inaccuracy shall be corrected by GECS as soon as is reasonably practical.

LINKS TO THIRD PARTY SITES

The Sites may contain links to and frames around other web sites not operated by GECS. Such links and frames are provided for convenience only. The existence of such links and frames is only for the purpose of informing you of sources of related information on the Internet. It does not indicate or imply any endorsement of the web site or material contained on it nor any endorsement of or association with the operator of the web site. You enter such web site at your own risk.

GECS SERVICES AND PRODUCTS

Information GECS publishes on the Sites may contain references or cross references to products, programs and services of GECS or its affiliates or business partners that are not available in your country. Such references do not imply that GECS or its affiliates or business partners intend to make such products, programs or services available in your country. Consult your local GECS business contact for information regarding the products and services that may be available to you.

ON LINE COMMUNICATIONS

Where the Sites contain on line communication facilities (which shall include without limitation chat areas, news group and bulletin boards) such facilities must only be used to send and receive messages and material that is proper. By way of example and without limitation you will not: defame, abuse, harass, threaten or otherwise violate the legal rights (such as privacy and publicity) of others, disseminate any material which is defamatory, indecent, obscene or otherwise unlawful, upload files protected by law (unless you have the right to do so) or containing viruses or other programs which may damage the operation of a hardware, software or networks of another, advertise or sell goods or services or conduct surveys, contests or circulate chain letters.

GECS shall not be liable for any consequences of your use of the Sites and/or the Materials. You hereby agree to indemnify GECS and hold GECS harmless against any claim from any third party in connection with the direct or indirect damages caused by your use of the Sites and/or the Materials.

PERSONAL DATA

Personal data will be collected and, processed by GECS, GECS’ affiliated or associated companies and its service providers for the purpose of providing the access to the Sites and, the Services. Such processing and transfer shall be carried out in accordance with our privacy policy that can be found at https://www.imanage.GECS.com/portal/tibco/DataPrivacy

“AS IS”

GECS, its affiliates and suppliers, make no representations about the suitability, reliability, timeliness and accuracy of the Materials, Software and Services contained on the Sites for any purposes. ALL SUCH MATERIALS, SOFTWARE AND SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND. GECS, ITS AFFILIATES AND SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE MATERIALS, SOFTWARE AND SERVICES INCLUDING TO THE EXTENT PERMISSIBLE BY LAW ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR PURPOSE, TITLE AND NON INFRINGEMENT.

LIMITATION OF LIABILITY

TO THE EXTENT PERMISSIBLE BY LAW, IN NO EVENT SHALL GECS, ITS AFFILIATES AND SUPPLIERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, OR SPECIAL LOSS OR CONSEQUENTIAL DAMAGES INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF USE, DATA OR PROFITS OUT OF ANY DELAY OR INABILITY TO USE THE SITE, THE PROVISION OR THE FAILURE TO PROVIDE SERVICES OR ANY MATERIAL, SOFTWARE OR SERVICES THROUGH THE SITE OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE.

Any proceedings against GECS by a Customer shall be commenced within three months of the claim arising.

WITHDRAWAL OF OR CHANGE TO THE SERVICE AND ACCESS RESTRICTION

GECS shall, be entitled change the terms and conditions and notices upon which the Site or Services are provided upon notice. Where changes are made the new terms and conditions will be made available on line for your review and acceptance.

GECS shall at any time be entitled to withdraw, suspend or deny or restrict access to the whole or any part of a Site or Service without notice or liability.

GENERAL

If any part of these terms, conditions and notices is deemed to be invalid or unenforceable pursuant to applicable law, including but not limited to, the warranty disclaimers and liability limitations contained herein, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this agreement shall continue in full force and effect.

APPLICABLE LAW

These terms and conditions of use are governed by English law and any dispute connected with the Sites shall be subject to the exclusive jurisdiction of the English courts. GECS makes no representation that materials on the Sites are appropriate or available for use at other locations outside of the United Kingdom. If you access any Site from a location outside of the United Kingdom you are responsible for compliance with all local laws.