The following Terms and Conditions apply to your access and use of "setf.com," "go.setf.com" and "setf-m.com" (together, the "Website") each 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. These Terms and Conditions also apply to your use of any current or future mobile platform owned or operated by SETF including the SETF Mobile Payment Application (the "SETF App") available at digital distribution platforms such as the iTunes App Store and for other Online Services (as defined below).
"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 sales 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 who is singularly or jointly responsible for the obligations on the Account.
"Mobile Device" means a handheld computing device with an operating system that can run various types of application software, known as Apps. Smartphones and Personal Digital Assistants (PDA) are popular mobile devices.
"Online Services" means services offered by SETF through the Website, the SETF App or any future digital distribution platforms (such as a website, mobile device, or software program) or other forms of media not yet developed that are available to Account Holders.
"Vehicle Contract" means the retail installment sales contract or the vehicle lease contract that is associated with your Account.
"You" and "User" shall refer to all individuals or entities accessing the Website, the SETF App 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.
"We," "us" and "our" refers to SETF its affiliates, agents and service providers or any authorized assignee of the foregoing.
Website, SETF App and Online Services
- Consent to Electronic Communications and Agreements
You voluntarily consent to ALL of the following:
Legal Rights Regarding Electronic Communications. We are required by law to provide you with certain information in paper form or to obtain your formal signed agreement or direction on certain matters. You agree to accept and authorize us to provide you with the required information electronically and to obtain your Account instructions electronically. You will confirm this consent by clicking on the "Accept" button below and consent will be applicable to the Account regardless of which Account Holder has given the consent.
- Types of Electronic Communications. By clicking the "Accept" button, you agree that SETF may send you any notice, statement, invoice, record, agreement, preference, or any other type of information related to your Account or SETF products and services, electronically by posting the information on the Website or by sending it through e-mail or any medium currently available or adopted by SETF in the future (each, an "Electronic Communication" and, collectively, the "Electronic Communications"). Electronic Communications may include, among other things: our Terms and Conditions, including this consent, changes in your Account terms, Account notices and disclosures required by state or federal law and marketing information and preferences.
- Enforcement of Electronic Communications. You agree that all Electronic Communications that you accept or agree to electronically and any Account update that SETF receives from you through the Website, the SETF App or the Online Services, such as those directing us to take an action with respect to your Account, will be deemed valid, authentic, and binding obligations. These Electronic Communications will be given the same legal effect as your written and signed paper communications, and shall be considered a "writing" or "in writing," and shall be deemed for all purposes: (i) to have been "signed" and (ii) to constitute an "original" when printed from electronic files or records established and maintained in the normal course of our business. You agree that electronic copies of communications are valid and you will not contest the validity or enforceability of such communications or any related transactions, absent proof of altered data or tampering. You also agree such copies shall be admissible as evidence in any judicial, arbitration, mediation, or administrative proceeding to the same extent and under the same conditions as other business records originated and maintained in paper form.
- No Obligation to Send Paper Communications. Unless you make a specific request for a communication to be in paper form (including statements and invoices), we will not be obligated to provide such. From time to time, we may send you communications in paper form, if we are legally required to do so or, if we determine, in our sole discretion, that the communication should be delivered that way. Your consent for Electronic Communication will remain in effect until you withdraw your consent as set forth below despite SETF sending any such paper communication.
- Copies of Electronic Communications and Consent Withdrawal. We recommend that you print or save a copy of all Electronic Communications for your records. You can withdraw your consent by writing or calling us to have communications sent to you in non-electronic form. Withdrawal of your consent for Electronic Communications will be effective after a reasonable period of time after you have notified us of your communication method preference. By providing us your consent to receive Electronic Communications you represent that you will print or download a copy of these Terms and Conditions which include your consent to waive receipt of communications in paper form unless otherwise provided by law.
- Termination by SETF. We may terminate some or all of your access to the Website, the SETF App, Online Services and your ability to receive Electronic Communications, for any reason whatsoever, including, without limitation, if you: refuse to provide your consent to receive Electronic Communications or refuse to accept any other term or condition applicable to the Website, the SETF App or Online Services; withdraw your consent or your acceptance of any of our policies or Terms and Conditions applicable to the Website, the SETF App or Online Services; or if you violate any of the terms and conditions applicable to your Account.
- Contact Information. You agree to provide us with a current email address for Electronic Communications. If your email address changes, you should notify us immediately of the change. To notify us of a change, please update your email address on the Website or contact Customer Care. If you provide us with an incorrect email address or fail to correct your email address when necessary, an Electronic Communication will be deemed to have been properly sent to you if we use the email address you provided to us as reflected in our records.
- Amendments to this Consent. We may amend this consent, from time to time, by providing you with notice and opportunity to renew your consent to receiving Electronic Communications, as required by law.
- Hardware and Software Requirements. You are responsible for obtaining and maintaining all telephone, computer hardware and other equipment or software needed to access and use the Website, the SETF App or Online Services, and all costs and fees associated with internet access or long distance charges incurred with regard to your access and use of the Website, SETF App or Online Services. Additionally, although SETF does not charge you a fee for downloading the SETF App, you must have a Mobile Device that allows you to download and use the SETF App. Your wireless carrier may charge you in connection with your use of the SETF App for charges such as fees for data services, text messaging, etc. You are responsible for all charges related to your phone service provider and associated with the purchase of a Mobile Device.
- Additional Communication Methods. We may telephone you, leave you a voice, prerecorded or artificial voice message or send you a text, email or other electronic message on your land line or mobile telephone for any purpose related to your Account, our products and services, or marketing efforts (each, a "Communication"). We may include your personal information in a Communication and conduct a Communication using an automated dialing machine 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, the SETF App or Online Services you are expressly consenting to us contacting you on your mobile telephone number, or 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. By clicking "Accept" below, you agree that you will accept Communications and all the provisions of the Consent described in Section 1 above.
- Marketing Preferences. You may indicate your preferences for how we can market to you. Once you have indicated your preferences, we will endeavor to honor your request. However, from time to time, we may market to you in a different manner. All marketing will be done in accordance with applicable state and federal laws.
- Online Billing. Please log into your Account to view your invoice or statement.
- Paperless Billing. For new Accounts to sign up for paperless invoices or statements during online registration, elect to receive email notifications and the paperless billing option during the registration process. For existing Accounts, lo in to your Account, and update your email notifications and paperless options for each account.
- Online Payments - Terms and Conditions.
- General Description of Online Payment Features. Online bill payment ("Online Payment") is a service available to our Account Holders who register on the Website, the SETF App or for Online Services. Once registered, you may use Online Payment to authorize a one-time payment on one or more of your Accounts. You acknowledge that the origination of electronic debit transactions from your bank account must comply with the current laws of the United States and the rules, as they may be changed from time to time, of the National Automated Clearinghouse. Payments will not be recurring unless you complete the Automatic Payment Program Form found on the Website and receive back written confirmation from us.
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.
- Automated Payments. To set up your automated payment, or to make a change to your automated payment, you must download and complete the Automatic Payment Program Form found on setf.com. Each person on the designated bank account where the payment is coming from must sign the form (whether or not the person is on the Account) and mail or fax the form and a voided check to the address provided on the Website. You must continue to make monthly payments on your Account until you have received confirmation of your enrollment via mail. You can cancel your automated payment setup by contacting Customer Service at 800.686.3494.
- Payment Funds. Adequate funds must be available in the bank account where your payments are coming from when an Online Payment is processed. 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.
- 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.
- Informational Purposes Only. Content presented on the Website or the SETF App 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. No content on the Website or through the SETF App constitutes an offer to buy or sell Toyota or Scion 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, or 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.
- Failure to Effect Payment and Liability for Such Payments. If you attempt to make payments on your Account through the Website or the SETF App, 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;
- The bill payment feature is not working properly and you knew or were told about the malfunction before you started the transaction, or should have reasonably been able to tell that something was wrong;
- 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.
- SETF Mobile Platform. To access your Account using the SETF App on your Mobile Device, you must register on the Website. Your use of the SETF App is voluntary and is not required to make payments to your Account or to use the Online Services. SETF grants you a revocable, non-transferable, non-exclusive, personal, limited license to install and use the SETF App on a Mobile Device that you own or control, solely for your use. You also agree to adhere to the usage rules and terms and conditions from the App provider. You accept that SETF has no obligation to correct any bugs, defects or errors in the SETF App, or to otherwise support, maintain, modify, upgrade, update or enhance the SETF App or any future Online Service. You agree not to: (i) reverse engineer, decompile, disassemble or otherwise reduce the SETF App or other Online Service software code to any human-perceivable form; (ii) modify the SETF App or other Online Service, or translate, adapt or create any derivative works based on the SETF App or future Online Service; (iii) otherwise use the SETF App or other Online Service in violation of any applicable law, regulation or industry standard; or (iv) otherwise use the SETF App or other Online Service other than for its intended use and function or to disrupt, inhibit or inappropriately access SETF computer systems or the systems of any third party. While we will not charge you for accessing the Website, SETF App or any Online Service by using a Mobile Device, your service provider may, so please check with them first to avoid incurring any charge.
- Customer Bankruptcy. Notwithstanding anything contained in these Terms and Conditions, the information contained on the Website, SETF App or any Online Service is not being provided to you in violation of a bankruptcy automatic stay or discharge injunction, if any, but is merely for information purposes. If you have received a bankruptcy discharge or are involved in a current bankruptcy proceeding, information provided to you regarding your Account, does not constitute an attempt to collect against you personally.
- Intellectual Property Rights. SETF retains all rights, title and interest in and to all intellectual property rights, including without limitation, the software and any modifications, updates, or derivatives thereto as well as all copyrighted materials, common law and registered trademarks and service marks, trade dress of the Website or SETF App, and patented business processes, systems, or services. All rights not expressly granted to you in these Terms and Conditions are expressly reserved by SETF. You agree that any and all content, including but not limited to writings and images (collectively the "Content"), contained on the Website, SETF App 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 any other harm incurred by us as a direct or indirect result of your unauthorized use of the Content or our intellectual property rights.
Any unauthorized use of the images that appear on the Website, SETF App 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, SETF App 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, SETF App 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, SETF App or our Online Services, except as provided in these Terms and Conditions, is strictly prohibited.
- Changes; Discontinuation; Termination of Online Services. We may change or discontinue any feature of the Terms and Conditions at any time. A change may take the form of an addition 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 we will send you 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.
- 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, SETF App or any of our Online Services until we can be sure that your Access Information has been secured.
- 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, SETF App or through our Online Services, you agree to keep your Access Information confidential and protected. You agree to take appropriate steps to avoid having your Access Information 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 authorized 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, the SETF App 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.
- Availability of the Website and SETF App. The Website, the SETF App 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 or experience hardware, software or other technical problems related to the Website, the SETF App or our Online Services, resulting in interrupted service, delays, or errors. Under certain circumstances, SETF may deny your access to the Website, the SETF App 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, SETF App or our systems.
- Data Rights. The data you provide to us on our Website or through the use of the SETF App or any Online Service (collectively, the "Data") belongs to you but may be used by us, or our authorized third parties, in an aggregated non-personally identifiable manner.
We are unable to respond to "do not track" signals or similar tools and settings. We do not provide any information gathered from your activity on our Website to any third parties for online behavioral advertising purposes. We do not allow third parties to collect personally identifiable information about your online activities when you use the Website.
- No Representations or Warranties on Content.
- THE WEBSITE, THE SETF APP, 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 OR A PARTICULAR PURPOSE OF THE CONTENT.
- SETF MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT ANY CONTENT AVAILABLE FOR DOWNLOADING FROM THE WEBSITE, SETF APP 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.
- 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, IN THE SETF APP AND/OR THE ONLINE SERVICES.
- 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, the SETF App 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.
- LIMITATION OF LIABILITY. YOU AGREE THAT SETF SHALL, IN NO EVENT, BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, 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, INCLUDING THE TRANSMISSION OF INFORMATION VIA THE SETF APP;
(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 OR USE OF CONTENT DISPLAYED, OFFERED, PROMOTED, PRINTED, OR ADVERTISED ON THE WEBSITE OR THE SETF APP.
- 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.
- 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 effected by mail or in such other manner as may be provided under applicable laws, rules of procedure or local rules.
- 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.
- 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.
- 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, the SETF App and/or the Online Services by you.
- 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.
- 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. 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.
- Feedback. If you have any questions, comments or concerns regarding this Website, the SETF App, our products and services or your Account, please refer to the "Contact Us" section of the Website for the appropriate contact information.