The following Terms and Conditions apply to your access and use of "setf.com" and "go.setf.com" (together, the "Website"), currently owned and operated by World Omni Financial Corp. d/b/a Southeast Toyota Finance ("SETF"), and any current or future information, content, products, services, transactions, and other features available thereon.
"Access Information" means any or all of the following information: your Account number, user name, password and any other security or access information to your Account.
"Account" means an active or inactive retail installment sale contract or lease account with SETF whether the account is solely in your name or if there are other persons or entities on the same account with you.
"Account Holder" means any person(s) or entity singularly or jointly responsible for the obligations on the Account.
"Online Services" means services offered by SETF through the Website or any future digital distribution platforms (such as a website or software program) or other forms of media not yet developed that are available to Account Holders.
"Vehicle Contract" means the retail installment sale contract or the vehicle lease agreement that is associated with your Account.
"We," "us," and "our" refer to SETF, its affiliates, agents and service providers or any authorized assignee of the foregoing.
"You" and "User" shall refer to all individuals or entities accessing the Website or any Online Services for any reason. Whenever "you" is more than one person with respect to any Account or relationship, the obligations and agreements applicable under these Terms and Conditions shall apply jointly and severally wherever appropriate.
B. Website and Online Services
1. Communication Methods. As permitted by law, we may telephone you; leave you a live voice message; leave you a prerecorded or artificial voice message; or send you a text, email or other electronic message on your land line or mobile device at the telephone number which you provide to us to contact you about your Account (each, a "Communication"). These Communications may be for any purpose related to your Account, our products and services, or marketing efforts. We may include your personal information in a Communication and conduct a Communication using an automated dialing system and any contact information we have for you. While we will not charge you for a Communication, your service provider may do so. By using the Website or Online Services you are expressly consenting to us contacting you on your mobile device, or through any other communication channel, without further notice. You also understand and agree that we may always communicate with you in any manner permissible by law. You understand that anyone with access to your mobile device, telephone number, or email account may be able to listen to or view a Communication, and you agree that SETF will not be liable if this occurs. Should you wish to revoke your consent to Communications, you may do so by calling us at 1-888-688-1166.
3. Informational Purposes Only. Content presented on the Website is presented solely for informational purposes and is not intended to create any fiduciary relationship between us. You should seek appropriate professional assistance when necessary. Offers and promotions featured on the Website may be subject to time and availability limitations and conditions as described in those offers and promotions. Nothing on the Website constitutes an offer to buy or sell vehicles or an offer of direct loan or lease. All finance and insurance programs described on the Website are available to qualified applicants only through us and through participating Toyota and Scion dealers in AL, FL, GA, NC and SC. All programs are subject to change or termination at any time. The terms of your lease or purchase transaction are set by you and the dealership.
4. Online Payments - Terms and Conditions.
a) General Description of Online Payment Features. SETF offers online bill payment ("Online Payment") services to our Account Holders who register on the Website or for Online Services. Once registered, you may use Online Payment to authorize a one-time payment or schedule recurring monthly payments on one or more of your Accounts. Recurring automatic payments will be processed by SETF and subject to these Terms and Conditions as well any additional authorization or agreement you enter into with SETF. One-time payments will be processed by BillMatrix Corporation ("BillMatrix") and will also be subject to BillMatrix's terms and conditions as well as any additional authorization or agreement in which you enter into with BillMatrix. You acknowledge that the origination of electronic debit transactions from your bank account must comply with the current laws of the United States and, as applicable, the rules, as they may be changed from time to time, of the National Automated Clearinghouse Association. Payments will not be recurring unless you sign up for the Automatic Payment Program on the Website and receive confirmation from us.
b) Regardless of the payment amount or payment effective date you schedule using Online Payment, you are responsible for complying with all of the terms and conditions of your Account, including, without limitation, your agreement to make all payments when due and in the amount required by your Vehicle Contract. When using Online Payment, you should schedule your payments in amounts and with effective dates that will satisfy your payment obligations. If you do not make a payment when due and in the amount required, we will have the rights and remedies available under your Vehicle Contract or as otherwise available to us at law or in equity.
c) Recurring Automatic Payments. To set up recurring automatic payments through SETF, or to make a change to your recurring automated payment, you must log in to setf.com and follow the Automatic Payment Program (Auto Pay) set up instructions. You must continue to make monthly payments on your Account until you have received confirmation of your enrollment. You can change or cancel your automated payment setup online; provided, however, that you will be responsible for making your payments by another payment method. Terminating your payment authorization does not affect your duty to repay your underlying obligation.
d) Payment Funds. Adequate funds must be available in the bank account where your payments are coming from when an Online Payment is processed. You understand that your financial institution may impose fees in connection with rejected debits, and you agree, as further described in Section 5 below, that SETF does not have any liability to you for such fees. If a scheduled Online Payment fails due to insufficient funds for the full payment amount initiated, the Account will not receive credit for the payment. You are responsible to make timely payments for the amount owed in accordance with the Vehicle Contract and these Terms and Conditions. If you know that a payment will be rejected by your financial institution (e.g., because there is not enough money in your bank account), you should contact SETF so that alternate arrangements can be made.
e) Online Payment Fees. While SETF does not currently charge any monthly or payment transaction fee to use Online Payment, we reserve the right to do so upon notification to you. Nothing herein relieves you of your responsibility to pay any amount, fee or charge you may owe us under your Account. You will be responsible for paying any amount you may owe other persons or companies related to the use of Online Payment or any bank account linked to Online Payment. For example, your bank may charge a fee in connection with electronic payments taken from your account with them for your Account with us.
f) Authorization to Correct Payment and Typographical Errors. In the event that SETF or an authorized third party acting on our behalf makes an error in processing a debit, you authorize us or any such third party to correct the error by initiating an electronic credit or debit to your applicable payment account in the amount of such error on or after the date such error occurs; provided, however, you agree that SETF is under no obligation to do so. If you make a typographical or similar error in providing SETF or an authorized third party acting on our behalf with information about your payment account, you authorize us or any such third party to correct the error upon receiving corrected information from you or your financial institution.
5. Failure to Effect Payment and Liability for Such Payments. If you attempt to make payments on your Account through the Website, or through an authorized third party acting on our behalf, we will use reasonable efforts to complete bill payments according to your instructions. However, neither SETF nor any third-party service provider acting on SETF's behalf will be liable in any way (including, but not limited to, payment processing errors or fees) if:
- Through no fault of SETF or our authorized third party, you have insufficient funds or credit in your bank, or other financial institution, account to complete a payment transaction, or if your bank account has been closed;
- Your transaction does not go through and you know or should have reasonably been able to tell that the bill payment feature was not working properly or you were told about the malfunction before you started the transaction;
- You do not provide SETF with complete, accurate, and current payment and contact information, or if you otherwise do not give complete, correct, and current information to properly complete the requested transaction;
- You do not authorize a bill payment in time for your payment to be made and credited to the account by the due date;
- Withdrawals from your account have been prohibited by an order from a court of proper jurisdiction for such things as a garnishment or other legal process;
- We or our authorized agent reasonably believe that a transaction may be unauthorized or fraudulent;
- Your computer, mobile phone, wireless service or any related equipment or software is, or was, not working properly;
- Circumstances beyond our, or our authorized third party's control prevent completing an online bill payment including, but not limited to, telecommunication outages, postal strikes and other labor unrest, delays caused by payees, fires, floods, and other natural disasters, terrorist acts or war.
6. Intellectual Property Rights. SETF and third parties that provide content to SETF retain all rights, title and interest in and to all intellectual property, including without limitation, the software and any modifications, updates, or derivatives thereto; all copyrighted materials, common law and registered trademarks and service marks, and trade dress of the Website; and patented business processes, systems, or services. All rights not expressly granted to you in these Terms and Conditions are expressly reserved by SETF or third parties. You agree that any and all content, including but not limited to writings and images (collectively the "Content"), contained on the Website or any Online Service will strictly be used for your own purposes, and you agree not to modify, disassemble, copy, download, transfer or otherwise provide the Content to any person or other entity.
You agree to be solely responsible for any damage resulting from your infringement of our intellectual property rights or the intellectual property rights of third parties that provide content to SETF or any other harm incurred by us as a direct or indirect result of your unauthorized use of the Content or such intellectual property rights.
You may be permitted to customize your Account by adding images you provide and upload to the Website. We agree that we will not use any images that you upload to the Website without your prior express permission. Any unauthorized use by you of any other images that appear on the Website or other Online Services may violate copyright laws, trademark laws, and the laws of privacy and publicity. The trademarks, logos, and service marks (collectively the "Trademarks") displayed on the Website or our Online Services, including, without limitation, the names and logos "setf.com," "setf-m.com," "go.setf.com," "World Omni Financial Corp." ("WOFC") and their respective logos are Trademarks of WOFC, its affiliates or their rightful owners. Nothing contained on the Website or our Online Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed thereon without the written permission of WOFC or such third party owners of the Trademarks. Your use of the Trademarks displayed on the Website or our Online Services, except as provided in these Terms and Conditions, is strictly prohibited.
7. Changes; Discontinuation; Termination of Online Services. We may change or discontinue any feature of the Online Services at any time. A change may take the form of a change or deletion. We will notify you of any changes to the Online Services or our intention to stop offering any or all of the Online Services feature(s). We will provide notice of such changes by either posting a notice of the change or discontinuation on our Website and/or sending notice of the change or discontinuation to the mailing address for your Account or to the email address you have provided us. If you use any or all of the Online Services after the effective date of the change or discontinuation, you agree that such action will indicate your acceptance to the change or discontinuation.
8. Suspension or Termination of Online Services. You agree not to use the Online Services to: (a) engage in fraudulent activity; (b) violate any statute, regulation or other legal authority; (c) violate or attempt to violate the intellectual property rights provision in these Terms and Conditions; or (d) interfere with or obtain unauthorized access to our computer systems or software or those of any third party. In the event of an occurrence of any of the above or of any misconduct by you as determined in our sole discretion, we may terminate or suspend your access to any or all of the Online Services at any time without further notice. If you notify us that your Access Information has been accessed by someone without your authorization, we may suspend access to the Website or any of our Online Services until we can be sure that your Access Information has been secured.
9. Your Account Information. You agree that any information you provide to us in connection with your Account will be true, correct and complete. To prevent unauthorized access to your account on the Website or through our Online Services, you agree to keep your Access Information confidential and protected. You agree to take appropriate steps to prevent your Access Information from getting into the possession of any unauthorized individual. You agree to contact us immediately if you believe that your Access Information has been used without your authorization. We will not be responsible for any loss you may suffer as a result of an unauthorized person using your Access Information without your permission or knowledge or beyond the scope of your authorization. You are solely responsible for your errors and negligence in using the Website or Online Services, including but not limited to input errors, negligent handling or sharing of passwords, or leaving your computer or any other device unattended while accessing your Account.
10. Availability of the Website. The Website and the Online Services are currently available for your use 7 days a week, 24 hours a day. However, from time to time, SETF may perform maintenance upon the Website or our Online Services, resulting in interrupted service, delays, or errors. Under certain circumstances, SETF may deny your access to the Website or an Online Service or any part thereof, or the processing of transactions, in order to maintain or restore security or performance to the Website or our systems.
At times you may experience difficulty accessing the Website and Online Services or third-party applications used on the Website and Online Services or communicating with SETF through the Internet or other electronic wireless services as a result of high Internet traffic, transmission problems, systems capacity limitations or other hardware, software, or technical problems outside of SETF control. Any computer system or other electronic device, whether it is yours, an Internet service provider’s, SETF's or a third party's, can experience unanticipated outages or slowdowns or have capacity limitations. SETF makes no warranty whatsoever to you, express or implied, regarding the availability of the Internet or cell or data service to a mobile device.
11. No Representations or Warranties on Content.
a) THE WEBSITE, THE ONLINE SERVICES AND THE CONTENT ARE BEING PROVIDED TO YOU ON AN "AS-IS" BASIS. SETF DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, CORRECTNESS, OR COMPLETENESS OF THE CONTENT, NOR THE SAFETY, RELIABILITY, TITLE, MERCHANTABILITY, CONFORMITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE WEBSITE, ONLINE SERVICES OR CONTENT.
b) SETF MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT ANY CONTENT AVAILABLE FOR DOWNLOADING FROM THE WEBSITE OR THROUGH THE USE OF OUR ONLINE SERVICES IS FREE OF INFECTION FROM ANY VIRUSES, WORMS, TROJAN HORSES, TRAP DOORS, BACK DOORS, EASTER EGGS, TIME BOMBS, CANCELBOTS OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, DETRIMENTALLY INTERFERE WITH, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION.
c) IT IS SOLELY YOUR RESPONSIBILITY TO INDEPENDENTLY EVALUATE THE ACCURACY OR COMPLETENESS OF ANY OPINIONS, ADVICE, STATEMENTS, SERVICES, OFFERS OR OTHER INFORMATION OR CONTENT ON THE WEBSITE AND/OR THE ONLINE SERVICES.
12. Indemnification. You agree to indemnify and hold us and our agents, officers, employees and affiliates harmless from any and all claims, liabilities, damages, cost and expenses (including, reasonable attorneys' fees and costs) (together, "Losses") caused, directly or indirectly, by or arising, directly or indirectly, out of your use of the Website or any Online Services. When you agree to indemnify and hold another party harmless, you agree to protect, defend and pay for certain amounts. You will not be required to indemnify SETF or to hold us harmless for Losses caused solely by or arising out of the gross negligence or intentional wrongdoing of SETF, its agents, officers and employees.
13. LIMITATION OF LIABILITY. YOU AGREE THAT SETF SHALL, IN NO EVENT, BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR ANY LOSS OF REVENUE OR BUSINESS, AS A RESULT OF:
(i) YOUR ACCESS AND USE OF THE WEBSITE OR THE ONLINE SERVICES OR INABILITY TO ACCESS OR USE;
(ii) YOUR DOWNLOADING OF ANY CONTENT FOR YOUR PERSONAL OR COMMERCIAL USE;
(iii) YOUR DOWNLOADING OF ANY CONTENT WITHOUT SETF'S PRIOR WRITTEN PERMISSION REGARDING THE SAME;
(iv) YOUR RELIANCE ON OR USE OF CONTENT DISPLAYED, OFFERED, PROMOTED, PRINTED, OR ADVERTISED ON THE WEBSITE; OR
(v) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE OR SYSTEM FAILURE, LOSS OF DATA, OR OTHER DEFECT RELATED TO THE WEBSITE OR ONLINE SERVICES, EVEN IF SETF OR OUR REPRESENTATIVES ARE ADVISED OF THE POSSIBILITY OF SUCH DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOSSES, OR EXPENSES.
IF YOUR STATE OF RESIDENCE DOES NOT PERMIT A LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES OR DISCLAIMERS OF CERTAIN WARRANTIES AS DESCRIBED IN THESE TERMS AND CONDITIONS, THEN ALL OR A PORTION OF THOSE SECTIONS WILL NOT APPLY TO YOU.
14. Third-Party Rights. These Terms and Conditions are for the benefit of SETF, its affiliates, and third-party licensors, each of which shall have the right to enforce and assert the Terms and Conditions directly against you on their behalf.
15. Remedies. You acknowledge that SETF may be irreparably damaged if these Terms and Conditions are not specifically enforced, and damages at law (i.e., monetary damages) would be an inadequate remedy. Therefore, you agree that in the event of a breach or threatened breach of any provision of these Terms and Conditions by you, SETF shall be entitled, in addition to all rights and remedies, to an injunction restraining such breach or threatened breach, without being required to show any actual damage or to post an injunction bond, and/or to a decree for specific performance of the provisions of these Terms and Conditions. For purposes of this Section, you agree that any action or proceeding with regard to such injunction restraining such breach or threatened breach shall be brought in the courts of record of Broward County, Florida, or the United States District Court, Southern District of Florida. You consent to the jurisdiction of such court and waive any objection to the setting of the venue of any such action or proceeding in such court. You agree that service of any court paper may be affected by mail or in such other manner as may be provided under applicable laws, rules of procedure or local rules.
a) These Terms and Conditions are to be governed and construed in accordance with the internal laws of the State of Florida, without regard to principles of conflicts of laws.
b) The headings contained in these Terms and Conditions are for convenience of reference only, are not to be considered a part of these Terms and Conditions, and shall not limit or otherwise affect in any way the meaning or interpretation of these Terms and Conditions.
c) All covenants, agreements, representations and warranties made in these Terms and Conditions, as may be amended by SETF from time to time, shall survive any termination of these Terms and Conditions or non-use of the Website and/or the Online Services by you.
d) These Terms and Conditions will not change any of the terms and conditions of your Account, which terms are memorialized in the document you signed in connection with financing your personal property. If any of the terms of these Terms and Conditions contradict any of the terms of your Account, the terms of your Account shall control.
e) If any portion of these Terms and Conditions are not valid then, to the extent possible, that part will be interpreted according to your and our intent and the other portion(s) will remain valid.
17. Accessibility. SETF is committed to providing accessible products and services to all customers, including customers with disabilities. If you need a reasonable accommodation to access information, products, or services from SETF, please use the contact information provided below to submit a request. Requests should explain the nature of the requested accommodation and include contact information, such as an email address or telephone number, at which you can be reached. Depending on the nature of the accommodation requested, SETF may require sufficient notice to fulfill the request. For questions about accessibility and requests for reasonable accommodation, please contact Customer Care by logging in and using the Customer Inquiry Form or by calling 1-888-688-1166.
18. Protecting Your Devices. SETF makes no warranty whatsoever to you, express or implied, regarding the security of the Website and Online Services, including with respect to the ability of unauthorized persons to intercept or access information transmitted by you through the Website and Online Services. You acknowledge and agree that you are solely responsible for maintaining the security of your devices. SETF is not responsible for any losses resulting from the loss or theft of your device or the loss or theft of your information transmitted from or stored on your devices.
Effective Date: December 1, 2017