Terms and Conditions and Online Privacy Policy

I. TERMS AND CONDITIONS

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.

Please be sure to read these Terms and Conditions carefully as well as our Online Privacy Policy that can be found below. Use of the Website and registration for access to portions of the Website will be deemed your acceptance to abide by these Terms and Conditions and SETF’s Online Privacy Policy. If you become a customer of SETF, your account information will also be subject to our Financial Privacy Policy.

A.   Definitions: 

"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. 

"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 sales contract or the vehicle lease agreement that is associated with your Account. 

"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. 

"We," "us" and "our" refers to SETF its affiliates, agents and service providers or any authorized assignee of the foregoing. 

B.   Website and Online Services

1. 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 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 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. 

2. The Website and Online Services. You may use the Website to learn about product and service offers that we may make available on the Website, to obtain Online Services that we may offer from time to time and to create online access to your Account. You can use the Website to access your Account to obtain information about your Account or to make payments on your Account.

3. Marketing Preferences. We may ask you to indicate your preferences for how we can market to you. Once you have indicated your preferences, we will endeavor to honor your request. All marketing will be done in accordance with applicable state and federal laws and our Financial Privacy Policy.

4. 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, 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.

5. Online Payments - Terms and Conditions.

a) General Description of Online Payment Features. Online bill payment ("Online Payment") is a service available 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. 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 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) Automatic Payments. To set up automatic payments, or to make a change to your 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. 

d) 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.

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.

6. 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;

• 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.


7. Intellectual Property Rights. SETF retains all rights, title and interest in and to all intellectual property, 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 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 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. 

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.

8. 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 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.

9. 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.

10. 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 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 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.

11. 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 or experience hardware, software or other technical problems related to 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.

12. 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 OR A PARTICULAR PURPOSE OF THE 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.

13. 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.

14. 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;
(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.

15. 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.

16. 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.

17. Miscellaneous.

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. 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.

18. 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 at 1-888-688-1166.


II. ONLINE PRIVACY POLICY

1. Data Rights. SETF respects your privacy and we are the sole owner of the collected data on our Website. Although we will not sell the collected website data, we may share the collected website data with our affiliates, non-affiliates, joint marketing partners and contracted vendors as described in this Online Privacy Policy and our Financial Privacy Policy.

2. Types of Data Collected. By accessing the SETF Website, we automatically collect certain data about you, which are listed below.
• Internet domain,
• Registered domain,
• GeoIP information,
• Internet address of the device you are using,
• Browser type and operating system,
• Page or service you are requesting,
• Browsing history,
• Referring and exit pages,
• Date/time stamp,
• Clickstream data

We also collect the following customer data that you may voluntarily provide:
• Account registration, including name, email, phone number and any additional information you enter into any forms as part of the registration
• If you send us an email, we collect the contents of the email
• Any information you may enter into any online forms on our Website

3. Use of Collected Data. We use the collected website data to customize your Website experience by displaying relevant content. We may also use the collected website data for marketing purposes, as stated in this Online Privacy Policy and our Financial Privacy Policy.

4. Cookies. A cookie is a small text file containing information that a website stores on your computer's hard disk so the site can remember something about you at a later time. Cookies can make a website more useful by allowing the site to personalize information for visitors and by storing information about user preferences on a particular site so that the user does not have to re-enter information, etc., each time he or she returns to the site. The use of cookies is an industry standard, and many major websites use them to provide useful features to their customers.

Most browsers are automatically set up to accept cookies. If you would prefer, you can set your browser to reject cookies. However, you might not be able to use certain features on the Website. Other third parties may also use tracking technologies to serve you advertisements tailored to interests you have shown by browsing on this Website and other sites you have visited, and for other lawful business purposes. The use of tracking technologies by third parties is subject to their own privacy policies, not this Online Privacy Policy, and we have no responsibility or liability in connection with the use of tracking technologies by third parties. You can opt out of third party tracking by going to this website: http://www.aboutads.info/choices/.

5. Do-Not-Track.  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.

6. Purpose of Cookies. SETF may collect, transmit and use technical and location data and related data through the use of cookies, such as log-in information, setting of browser and plug-ins and session information.

We may also use cookies from third parties to help us:

  • Serve relevant advertisements to the user on affiliated or unaffiliated Websites;
  • Better analyze and measure the performance of our Website and Website content. 

We may also use cookies and other local device storage or tracking technologies, such as web beacons, web bugs, clear gifs, and similar technologies, to gain an understanding on how you navigate setf.com. 

We then optimize your experience on the Website by showing you relative content based on your behavior and traffic patterns on the Website. These cookies generally do not collect information from your computer or device. Further, the cookies cannot carry any virus or any other malicious files. We may also use cookies and other local device storage or tracking technologies for any lawful business purpose, including without limitation to determine which of our messages have been opened by recipients so we can gauge the effectiveness of marketing campaigns, to track usage patterns, the movements of individual users, and their  geographic location, to help diagnose problems with our servers, to gather broad demographic information, to analyze trends, to conduct research, to deliver editorial content, to record registration and personalization information, and to otherwise administer services on the Website. Local device storage may also collect and store your personally identifiable information, which may be shared with our, subsidiaries, affiliates, and other companies. 

7. Delete/Reject Cookies. Through your browser, you may delete or reject cookies. Keep in mind, your experience on the SETF.com Website will no longer be optimized to the fullest potential. Additionally, some functions and services may be limited or not work at all.

8. Links to Third-Party Websites. The Website may contain links to third-party Internet Websites belonging to unrelated parties that may be integrated with or presented on this Website. Please be advised that such third-party sites are independent of the Website, and SETF exercises no control over the content or services of such sites. Links to such third-party Websites should not be construed as our endorsement of such entity's Website, products or services. You are solely responsible for learning and abiding by the policies, including their privacy policy, and terms of such Websites.

9. Security. This Website secures your private information using Transport Layer Security (“TLS”) protocol encryption software to ensure online transactions remain confidential.  Information exchanged with any address beginning with “https” is encrypted using TLS before it is transmitted.

Because no data transmission is completely secure, and no system of physical or electronic security is impenetrable, however, we cannot guarantee the security of the information you send to us or the security of our servers, networks or databases, and by using the Website you agree to assume all risk in connection with the information sent to us or collected by us when you access, visit or use the Website, including without limitation your personally identifiable information or other information.

If you elect to store information, such as your personally identifiable information or other information, where others may access it, we are not responsible for any loss of such information or the consequences thereof. If a computer, mobile or other device that contains your personally identifiable information or other information is lost or stolen, it is up to you to take all the steps necessary to protect yourself.

In the unlikely event that we believe the security of your information in our possession or control may have been compromised, we may seek to notify you. If notification is appropriate, we may notify you via your computer, mobile or other device. SETF takes all reasonable precautions to protect our users' information. Once information is submitted, we use security procedures and policies that commensurate with industry standards to safeguard against loss, theft, unauthorized access, destruction, use, modification and disclosure.

10. Children’s Privacy. Our Websites and Mobile Device applications are not directed to children under the age of eighteen (18) nor do we market our products or services to such children. We do not knowingly collect any data from children. Our products and services are not available to anyone who is not of legal age to sign a fully enforceable contract. In most states, a person must be at least 18 years of age to sign a fully enforceable contract.

11. Notifications of Changes to Data. We retain the right to change data collection and usage at any time. We will post those changes to this page so that users are always aware of what information we collect, how we use it, and under what circumstances we disclose it. We will use, share, and disclose all information in accordance with the terms and conditions in effect at the time the information was collected.  We will provide a revision date if we make any changes to the Online Privacy Policy or the other Terms and Conditions.

12. Contacting Customer Care.

If you have any questions about this Online Privacy Policy, please contact customer care at 1-888-688-1166.

If you don’t agree to the terms contained in this Online Privacy Policy, you must immediately exit the website.