These Terms were reviewed and updated in November 2018.

These Terms, as set out below, govern your use and access of this Kubota Finance Limited, a trading style of BNP Paribas Leasing Solutions Limited, website (the “Site”).

Please read these terms and conditions carefully (including the disclaimer) before you start to use the Site. By accessing and/ or using the Site, you indicate that you accept these Terms and that you agree to be contractually bound to abide by them.  If you do not agree to these Terms, please refrain from using the Site.

Kubota Finance (“KF”) reserves the right to change these Terms at any time. We will do this by updating the wording on this webpage and updating the publication date at the top of this page. You will not necessarily be directly notified of such a change. Therefore, please ensure that you regularly check these Terms so you are fully aware of any changes or updates.

Information About Us

The Site is a website operated by Kubota Finance, a trading style of BNP Paribas Leasing Solutions Limited. The term “KF”, “our”, “we” or “us” means Kubota Finance whose registered office is Northern Cross, Basing View, Basingstoke, RG21 4HL and/or any of its affiliates (including its direct and indirect subsidiaries) where relevant.

Access to the Site

KF may provide you with access details (such as a username, password, pass-code card or PIN, for example) to enable you to access and/ or use the Site, or certain parts of the Site (either directly to you or via your employer or any other person on whose behalf you are accessing the Site, as applicable). The provision of access rights to the Site is entirely at KF discretion; and KF reserves the right to suspend/ invalidate or withdraw your access rights, at any time and for any reason, without notice to you. It is your responsibility to keep all access details provided to you secure and confidential. You should not disclose these access details to any other person, or make any written record of them. You should notify KF immediately if you know or suspect that your access details have been lost, stolen, misused, or disclosed to/ become known by any other person. You are responsible for all activity on the Site carried out using your access details, unless you have previously notified us that your access details have been lost, stolen or disclosed.

The Site, or some sections or pages of the Site, is intended to be available to specific users or groups of users only. You acknowledge that you have been specifically directed to or authorised to access the Site. If you have accessed the Site in error or other than via a link or site address provided to you by KF (either directly or via your employer or any other person on whose behalf you are accessing the Site, as applicable), please exit the Site and refrain from using the Site, unless and until you are authorised to do so. You should not forward, distribute or copy the Site or any link to the Site, even within your own organisation, unless you have permission to do so. The Site, or certain sections or pages of the Site, may contain notices explaining additional instructions, restrictions or disclaimers – Please read these notices carefully and comply with any additional terms.

If you act as an employee or on behalf of another person in your access to and use of the Site, you must ensure you are authorised to do so by your employer or such other person.  Your access to and use of the Site and your acceptance of these Terms constitute your personal representation and warranty that you are so authorised and that you have the power to bind your employer or such other person to these Terms.

Access to certain parts or functionalities of the Site, or the products and services described on the Site, may be subject to further prohibitions or restrictions which apply in respect of certain people in certain countries/ states. You should not use or access any part of the Site, to which prohibitions or restrictions apply, if you are not authorised to do so. By accessing and/or using the Site, you represent and warrant that such access and/ or use will not cause you, and/ or will not cause KF, to breach any applicable law or regulation.

You acknowledge that you have the skills, training and equipment necessary to access and use the Site and the functionality contained within it.

Use

This website is comprised of various pages. Some sections or pages may be subject to separate terms, which are supplemental to these Terms. You should ensure you read any additional terms carefully. By accessing and using any page, you agree to be bound by the applicable supplemental terms. In the event of a conflict, the supplemental terms shall take precedence over these Terms. You are responsible for making all arrangements necessary for you to have access to the Site.

This site aims at providing you with information concerning the products and services offered by Kubota Finance. The Site is for consultation only and does not allow transactions of any kind to be completed. The information provided on the Site is not to be construed as: an offer of products or services; a proposal or inducement to make investments or to undertake arbitration in securities; an inducement to purchase or sell securities or any other product; a recommendation; all or part of a contract.

You may use the Site only for lawful purposes. You must not use the Site in any way that breaches any applicable laws or regulations; that is fraudulent or deceptive; or intentionally causes harm to KF or any third party.

In some sections of the Site, you may be able to communicate and interact with other Site users, and/ or upload or otherwise provide content on or to the Site. Please use these parts of the Site responsibly. In particular, your content must be accurate, truthful and compliant with applicable laws and regulations. Your content must not infringe any copyright, trade mark or other intellectual property right of any other person; breach any obligation of confidentiality or non-disclosure; be offensive, obscene, defamatory or discriminatory; be used to impersonate any other person or misrepresent your identity, qualifications or affiliation with any entity or person; or give you the impression that such content originates from KF, if that is not the case.

Any content you upload to the Site will be considered non-confidential and non-proprietary, and KF reserves the right to use, copy, distribute and disclose to third parties any such content for any purpose. KF also reserves the right to disclose your identity to any third party who is claiming that any content uploaded/ posted by you on the Site infringes their intellectual property rights.

KF reserves the right to moderate any communications/ interactions made via the Site, in its absolute discretion. However, we are under no obligation to monitor or moderate any interactive functionality we provide on the Site, and we expressly exclude any liability for loss or damage arising from use of such interactive functionality by a user in contravention of the Terms or otherwise, whether that interactive functionality or that user’s communications were moderated or not. KF further reserves the right to temporarily or permanently remove any content posted or uploaded by you on the Site, for breach of these Terms or for any other reason, without notice to you.

We do not guarantee that the Site, or any content on it, will always be available or be uninterrupted. KF reserves the right, in its sole discretion and without notice, to suspend and/ or block access to the Site for breach of these Terms or for any other reason, and/ or to change any part of the Site including, but not limited to, the information contained upon the Site, the functionality of the Site and the layout and look of the Site. However, we are not under any obligation to keep the Site, or any information on the Site, up to date; therefore the content of the Site may be out of date at any given time. KF may discontinue or change any product or service described or offered on the Site, at any time, without notice.

Linking, Viruses, Hacking and Other Offences

You must not establish a link to any part of the Site in any other website, unless you have KF’s prior written consent to do so.  The Site should not be framed on any other website.

You must not misuse the Site by knowingly introducing viruses, trojans, worms, logic bombs, spyware or any other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Site, the server on which the Site is stored or any server, computer or database connected to the Site. You must not attack the Site via a denial-of-service attack or a distributed denial-of-service attack.

It should be noted that it is a criminal offence to access or remain fraudulently in a computer system, to hinder or distort the functioning of such system, or to introduce data to or modify fraudulently the data in a computer system. We will report any such breach to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

If you act as an employee or on behalf of another person in your access to and use of the Site, you shall comply with any security measures implemented by your employer or such other person in order to protect the Site, and any systems or materials accessible through the Site, against unauthorised access, alteration, destruction, corruption or loss.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Site or to your downloading of any material posted on it.

Intellectual Property

KF and/ or its licensors own all of the items that make up the Site, particularly the information, data, designs, graphics, photographs, audio recordings and video recordings. The information held on this Site is for your own personal and/ or internal business use only. The information and other material on the Site may not be reproduced, represented, distributed or transmitted to any other person by any means whatsoever, whether in whole or in part, without the prior express authorisation of KF. Any such action would constitute an infringement of rights and KF may take appropriate legal action to enforce its rights.

The content on the Site may not be taken out of context or presented in an inaccurate, misleading, unfair or discriminatory way.

All trademarks (whether registered or unregistered) used on the Site are the property of KF or its licensors. The trademarks may not be reproduced or used in any way, whether in whole or in part, without the prior authorisation of KF.

You agree not to remove any copyright notice or other notice signifying KF’s or any other third party’s intellectual property rights.

Except as expressly provided herein, nothing in these Terms or contained on the Site shall be deemed or construed to grant any licence or right, expressly, by implication or otherwise of any KF intellectual property rights.

Liability

Nothing in these Terms shall exclude or limit any person’s liability for (a) death or personal injury caused by its negligence, or (b) fraud. Nothing in these Terms shall exclude or limit any obligation which KF has under MiFID, the FCA and / or PRA Rules, the UK’s Financial Services and Markets Act 2000, the CFTC’s regulations or the Commodity Exchange Act, as any may be updated, amended, cancelled or superseded from time to time, in whole or in part.

Subject to the paragraph directly above neither KF nor any of its group members, agents, licensors or delegates or its or their directors, officers or employees will be liable for any Losses (as defined below), including, but not limited to Losses incurred or suffered by you directly or indirectly in connection with:

• your access to, use of or inability to access or use, the Site (whether in whole or in part and whether or not within the control of KF);
• your use of or reliance on any content displayed on the Site;
• the suitability or otherwise of the Site or the information upon the Site for any particular purpose;
• any delay, error or omission regarding the contents of the Site;
• any information provided being corrupted, wrong or inaccurate; or
• the acts or omissions of you or any third parties, including, but not limited to, the act or omissions of third parties in making the Site and providing information to be used on the Site.

For the purposes of these Terms, Loss shall mean “loss, damage or expense whether direct or indirect, including any loss of profit, loss of revenue, loss of anticipated savings, loss of opportunity, loss of contract, loss of goodwill, loss of reputation, loss of fees, increased cost of working, any indirect or consequential loss, or any loss resulting from liability to any other person (and in each case whether the foregoing arise in contract, tort, negligence or otherwise)”.

The information provided on the Site is provided “as is” and KF shall have no obligation to amend or update any information provided. We do not represent that such information is accurate or complete and you should not rely on it as such. KF does not give any express or implied warranty on the suitability of the Site for any particular purpose. KF does not make or provide any representation or warranty or condition of any kind, implied, express or statutory regarding the Site, including, but not limited to information upon the Site.

Subject to the other terms of this section, the total aggregate liability of KF for all losses arising out of or in connection with these Terms and the Site shall not exceed £1,000. In the event of any inconsistency between this section and any other provision in these Terms, the terms of this section will prevail.

You agree that the exclusions and limitations set out in these Terms are reasonable in light of the nature of the Site and the technology used to underpin the Site (including that the internet is not a completely reliable transmission medium).

Confidentiality

The internet and emails may not be a suitable way to send confidential information as such communications may not be secure. KF therefore recommends that you do not use this means of transferring confidential information, unless additional security methods, such as encryption technology, are adopted. KF does not accept any responsibility for any confidential information sent to us via the internet, email or the Site.

External Websites

The Site may contain links to third party websites not controlled by KF. These websites, and the products and services contained on such websites, are not endorsed by KF has not verified the truth, accuracy, authenticity or reliability of the content of any such sites. You use such websites entirely at your own risk and KF shall have no liability in respect of the content, use or availability of external sites that you are able to access through the Site.

This Site may contain material provided by third parties. KF accepts no responsibility or liability for the accuracy, authenticity or reliability of such material.

No third party is permitted to link any website to this Site without KF’s prior written consent.

Privacy and Cookies

KF may process your personal data as part of and/ or in connection with your use and access of this Site. This may include using cookies or similar technology to collect information about your use of the Site.

For more information on how KF collects and uses your personal data, please see our Privacy Policy kubotafinance.co.uk/data-privacy/. For more information on how KF uses cookies, please see our Cookies Policy kubotafinance.co.uk/cookies-policy/. By accessing and / or using the Site you acknowledge that you have been informed that cookies are used on this website and consent to KF processing your personal data and using cookies, as set out in our Cookies Policy. You agree that if you choose not to permit KF to use and store cookies on your computer or device, you will need to alter your internet browser settings so that cookies are not permitted. You accept that rejecting KF cookies in this way may mean that parts of the Site may not function properly or be accessible.

KF takes data privacy seriously. It is committed to protecting your personal information and respects your privacy. When you use the Site, KF may process personal data you provide to us such as your name, email address or job title / role. KF may also process other data about your use of the Site, which it collects through the use of cookies and other similar technology. We use the personal data we collect about you to carry out services or functions you request on the Site (for example, to subscribe you to a mail list, respond to a query you have raised, or provide you with the most appropriate information); to maintain the security of the Site and our systems; to comply with our legal and regulatory obligations, and for other legitimate business purposes. As necessary for the purposes of providing the Site, we may disclose your personal data to our affiliates; to our third party providers and/ or subcontractors; to any prospective/ actual purchaser of our business or assets; or to regulatory or law enforcement authorities. The personal data we collect from you may be processed in a country outside your country of residence (including outside the UK and/ or EEA), which does not offer the same level of protection for personal data as may be enjoyed within your home country. KF is committed to safeguarding and protecting your personal data and maintains appropriate security to protect any personal information you provide us with from improper or accidental disclosure, use, access, loss, modification or damage.

If you wish to view, update or modify any of your personal data we store, or you would like us to stop processing any of your personal data which we hold, subject to applicable law, you can make such a request by contacting us via the Privacy Portal kubotafinance.co.uk/data-privacy/. We will process your request within the time prescribed by applicable law. If you request access to the personal data we store on you, we reserve the right to charge an appropriate fee, if applicable.

We may collect information about your use of the Site and your computer, including where available your IP address, operating system and browser type, for site and system administration purposes. This is statistical data about our users’ browsing actions and patterns, and does not identify any individual. This may be done through the use of cookies or other similar technology. Cookies are small text files that are placed and stored on your computer when you visit a website. Cookies undertake a number of useful tasks, including recognising users visiting a website, improving security of a website and enhancing general user experience. We use various cookies on the Site, including process cookies to enable certain functionality on the Site; preference cookies to establish your preferences on the Site; security cookies to protect the Site and users when accessing the Site; performance cookies to monitor anonymous and aggregate data how users interact with the Site; and advertising cookies to target advertising content as specifically relevant to you.

Please note that some advertisements appearing on the Site may be placed there by partners of KF. These advertisements may deploy separate cookies onto your computer and the third party will control these cookies. KF will not have any control of these cookies and is not responsible for these cookies or the data they collect. You should familiarise yourself with the cookies and privacy policy of the third party advertisers.

By accessing and/ or using the Site you acknowledge that you have been informed that cookies are used on this website and consent to KF processing your personal data and using cookies. You agree that if you choose not to permit KF to use and store cookies on your computer or device, you will need to alter your internet browser settings so that cookies are not permitted. You accept that rejecting KF cookies in this way may mean that parts of the Site may not function properly or be accessible. If your computer is used by more than one person or has multiple internet browsers, it is possible that some of your choices relating to cookies may not be permanent, we cannot guarantee the permanence of the cookies choices you make.

The Companies (Miscellaneous Reporting) Regulations 2018

These regulations introduce a requirement to include a section 172 (1) Companies Act 2006 statement in their annual reports (as part of the Strategic Report). This applies to reporting on years beginning 1 January 2019 onwards. You can find our section 172 statement for each relevant year here.

Choice of Law

These terms shall be governed by English law and you agree that the English courts shall have exclusive jurisdiction to determine any matter or dispute arising out of or in connection with this Site or these Terms. If for any reason, a competent court finds any part of these Terms invalid, unlawful or unenforceable to any extent, KF shall delete the relevant part from the Terms and the remainder of the Terms shall continue to be valid and enforceable to the fullest extent permitted by English law.

These Terms together with any supplemental KF website terms shall contain the entire agreement and understanding of the parties, and supersede all prior agreements, understandings or arrangements in relation to this Site.

You will be able to download, print and store a copy of these Terms for your personal use only. These Terms may not be used or copied for any business or other purpose.

Copyright Kubota Finance 2018. All rights reserved.