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Website Terms & Conditions

Mobile Terms and Conditions

Payment Terms and Conditions

The following Terms and Conditions apply to your access and use of "setf.com" and "go.setf.com" and any other website or Online Services where these Terms and Conditions are posted (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. 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. These Terms and Conditions are in addition to any other terms that may apply to a retail installment sale contract, lease account or other product or service that you receive from SETF. Where appropriate, please review those separate terms. In the event of a conflict between these Terms and Conditions and the terms of a specific product or service that you may receive, the terms of the specific product or service will govern. 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 sale contract or lease agreement 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 Primary Account Holders or their designees. 

"Primary Account Holder" is the individual listed as the “Buyer” on a retail installment sale contract and the “Lessee” on a lease agreement but does not include any Co-Buyer or Co-Lessee.

"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.    
  2. 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, the Online Privacy Policy and our Financial Privacy Policy.
  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 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.  
    1. General Description of Online Payment Features. SETF offers online bill payment ("Online Payment") services to our Primary 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 subject to these Terms and Conditions as well any additional authorization or agreement you enter into with SETF or an authorized third party acting on our behalf who we may engage to process payments. You may be required to agree to additional terms and conditions by such third party. 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.
    2. 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.
    3. Recurring Automatic Payments. To set up recurring automatic payments 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. 
    4. 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 for making 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 to make alternate arrangements.
    5. Protecting Account Information. You are solely responsible for maintaining the security of your Account (including use of Online Services) and any payment instructions you provide to us, including any funding account(s) and their passcodes and any other authentication credentials used in connection with your Account and the Online Services (collectively, “Credentials”). If you authorize or allow anyone else to use your Account or Online Services (e.g., by providing your passcode or otherwise providing any of your Credentials to a third party), the person may be able to make payments, and you will be liable for all payments made by that person.
    6. 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.
    7. 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 authorized 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: 
    1. 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;
    2. 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; 
    3. 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;
    4. You do not authorize a bill payment in time for your payment to be made and credited to the account by the due date;
    5. 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;
    6. We or our authorized agent reasonably believe that a transaction may be unauthorized or fraudulent;
    7. Your computer, mobile phone, wireless service or any related equipment or software is, or was, not working properly; or
    8. 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.

    You agree that we may from time to time amend all or any part of these Terms and Conditions. We will notify you of any change to these Terms and Conditions as required by applicable law. Any such changes shall take effect as soon as they are posted on the Website. Your use of the Website after the effective date of such changes shall constitute your agreement to be bound by the terms of the changes. You should also review these Terms and Conditions periodically for any changes.
  8. Suspension or Termination of Online Services. You agree not to use the Online Services to:
    1. engage in fraudulent activity;
    2. violate any statute, regulation or other legal authority;
    3. violate or attempt to violate the intellectual property rights provision in these Terms and Conditions;
    4. interfere with or obtain unauthorized access to our computer systems or software or those of any third party; or
    5. causing or launching any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Website or unduly burdening or hindering the operation and/or functionality of any aspect of the Website. 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.
    1. 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.
    2. 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.
    3. 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:
    1. YOUR ACCESS AND USE OF THE WEBSITE OR THE ONLINE SERVICES OR INABILITY TO ACCESS OR USE;
    2. YOUR DOWNLOADING OF ANY CONTENT FOR YOUR PERSONAL OR COMMERCIAL USE;
    3. YOUR DOWNLOADING OF ANY CONTENT WITHOUT SETF'S PRIOR WRITTEN PERMISSION REGARDING THE SAME;
    4. YOUR RELIANCE ON OR USE OF CONTENT DISPLAYED, OFFERED, PROMOTED, PRINTED, OR ADVERTISED ON THE WEBSITE; OR
    5. 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 and Links. 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.

    The Website may contain links to third-party websites, such as social media websites, which we do not own or control, but which are being providing for your convenience. If you visit a link to another website, you do so at your own risk subject to the terms and conditions establish by the operator of that website. The fact that we provide a link to a website does not necessarily mean we endorse, authorize, or sponsor that third-party website, or that we are affiliated with the third-party website's owners or sponsors.  We reserve the right to terminate a link to a third-party website at any time.
  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. No failure, omission, or delay on our part to exercise any right or remedies under these Terms and Conditions will preclude any other further exercise of that right or other right under these Terms and Conditions.
  16. Miscellaneous.
    1. 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.
    2. 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.
    3. 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.
    4. 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.
    5. 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.

Updated: August 12, 2024

Mobile Terms and Conditions

Effective Date:  January 15, 2023

You may receive alerts on your mobile device from 52423 regarding your Southeast Toyota Finance account. Message frequency varies. Message and data rates may apply.

By opting in to this service, you consent to receive mobile text alerts using an automatic telephone dialing system. Consent to receive marketing text messages is not required as a condition of purchasing any goods or services.

By signing up, you are confirming you are over the age of 13.

STOP Information
Text STOP to 52423 to stop receiving alert messages from Southeast Toyota Finance (SETF).  You will receive a confirmation text.

HELP Information
For additional information, text HELP to 52423 or contact 888-688-1166.

Supported carriers are: 
AT&T, Sprint, T-Mobile®, Verizon Wireless, Boost, Cricket, MetroPCS, U.S. Cellular, Virgin Mobile, Google Voice, ACS Wireless, Advantage Cellular (DTC Wireless), Appalachian Wireless, Atlantic Tele-Network International (ATN), Bandwidth, Bluegrass Cellular, Buffalo Wireless, CableVision, Carolina West Wireless, Cellcom, Copper Valley, C-Spire Wireless (formerly Cellsouth), Cellular One of East Central Illinois, Chariton Valley Cellular, Cross (dba Sprocket), Duet IP, Element Mobile, EpicTouch, GCI Communications, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri Cellular), i Wireless (IOWA Wireless), Illinois Valley Cellular, Immix (Keystone Wireless / PC Management), Inland Cellular, Mobi PCS (Coral Wireless LLC), Mosaic, MTA Communications, MTPCS / Cellular One (Cellone Nation), Nex-Tech Wireless, Panhandle Telecommunications, Peoples Wireless, Pine Belt Wireless, Pine Cellular, Pioneer, Plateau, Revol Wireless, RINA, SI Wireless/Mobile Nation, SouthernLinc, SRT Wireless, Thumb Cellular, Union Wireless, United, Viaero Wireless, West Central Wireless, Leaco, Nemont/Sagebrush. T-Mobile is not liable for delayed or undelivered messages.

We take your privacy seriously. Review our Privacy Policies for additional details.

Payment Terms and Conditions


PAYMENT AGREEMENT

INTRODUCTION
This document is to provide you with information about the online bill payment system (the Service) offered to you on behalf of Southeast Toyota Finance (SETF)and the associated website, www.setf.com (the Site). These Terms and Conditions set forth a legally binding agreement governing your use of the Site and the Service ("Agreement") and outline important conditions that apply to your use of the Site and the Service. By utilizing the Service, permitting any person to do so on your behalf, or utilizing the Service on someone else's behalf, you agree to these Terms and Conditions. If you do not agree to these Terms and Conditions, you must discontinue your access to the Site and not utilize the Service.

DEFINITIONS

  • “Account” is your account for your SETF Retail Installment Sale Contract or Closed End Motor Vehicle Lease Agreement.
  • "Authorized User" is any individual who you allow to use the Service or access your Funding Account.
  • "Auto Pay Payment" is a recurring Payment made by you on the Due Date for the amount shown on the Billing Statement.
  • "Billing Statement" is the statement sent by SETF to you indicating, among other things, how much you owe for your SETF Account and the Due Date.
  • "Business Day" is every Monday through Friday, excluding Federal holidays.
  • “Digital Wallet” is the Funding Account information you save (if any) for use in making future Payments on an Account.
  • "Due Date" is the date reflected on your Billing Statement when your Payment is due; it is not the late payment date or inclusive of a grace period.
  • "Funding Account" is the checking account, savings account, or debit card account from which Payments and fees, if any, will be debited and to which credits to you will be credited. 
  • "Payment" is a payment transaction initiated by you through the Service.
  • "Payment Date" is the calendar day you elect for SETF to receive the Payment, and is also the day your Funding Account will be debited; provided that if the calendar day you elect falls on a non-Business Day, or after the daily cutoff time for the Service, the actual Payment Date and the actual date your Funding Account will be debited will be the immediately following Business Day. This date can be current or in the future.
  • "Payment Instruction" is the information provided by you for a Payment on your Account to be made through the Service.
  • “Primary Account Holder” is the individual listed as the “Buyer” on a Retail Installment Sale Contract and the “Lessee” on a Closed End Motor Vehicle Lease Agreement but does not include any Co-Buyer or Co-Lessee.
  • "Scheduled Payment" is a Payment that has been scheduled for a future date, but which has not yet begun processing.
  • "Service" is the payment option offered on this Site by SETF through its service provider.
  • "Site" is the SETF.com website you are accessing to make a Payment to SETF.
  • "We," "us," and "our" refer to SETF and its third-party service providers.
  • "You" and "your" refer to the individual who is utilizing the Service.

ELIGIBILITY
The Site and the Service are offered only to individuals who can form legally binding contracts under applicable law and, with respect to Payments made using an eligible Funding Account. Without limiting the foregoing, the Service is not offered to minors. Commercial entities such as commercial payment aggregators may not use the Site or Service in connection with providing payment services on behalf of third parties. By executing a transaction, making a payment, or otherwise utilizing this Site or Service, you represent:

  1. that You are a customer and the Primary Account Holder of the SETF Account for which you are using the Site or Services,
  2. that You are using the Site or Services and/or submitting a Payment Instruction on Your own behalf, or as an employee, owner, or principal of the Primary Account Holder of the SETF Account,
  3. that You are not using the Site or Service under a claim of agency or other third-party relationship on behalf of another SETF customer, and
  4. that You are not using the Site or Service for profit, financial gain, or any commercial benefit. You hereby agree to be liable to us for all interchange fees and merchant fees, and all other costs and fees associated with processing all Payments and Service transactions submitted by You in violation of this Section. You further agree to be liable to us for all other damages, costs, fees, expenses, and reasonable attorney fees incurred by us arising out of, or related to, Your breach of this Section.

PAYMENT AUTHORIZATION, PAYMENT REMITTANCE, AND FEES
By adding a Funding Account to a Payment Wallet, you acknowledge and agree that the Funding Account may be used to initiate a Payment Instruction for any Account associated with the Primary Account Holder. You authorize us to follow the Payment Instructions received from you. When we receive a Payment Instruction from you, you authorize us to debit or charge your Funding Account for the amount of any Payment plus any related fees in effect at the time you initiate the Payment Instruction, and to remit funds on your behalf. You also authorize us to credit your Funding Account in the event that any Payments are returned because the processing of the Payment Instruction could not be completed. In order to process Payments more efficiently and effectively, we may edit or alter payment data or data formats. You certify that any Funding Account you add to your Digital Wallet or otherwise utilize in connection with the Service is an account from which you are authorized to make payments, and any Payment you make using the Service will debit/charge a Funding Account that you are legally authorized to use. You are solely responsible for maintaining the security of your Account, Payment Wallet, and any Funding Account you provide to us, including any passcodes and any other authentication credentials (collectively, “Credentials”). If you authorize or allow anyone else to use your Payment Wallet or to add a Funding Account to a Payment Wallet (e.g., by providing your passcode or otherwise providing any of your Credentials to a third party), the person may be able to make payments from any Funding Account added to the Payment Wallet, and you will be liable for all payments made by that person. We will use reasonable efforts to complete your Payments properly. However, we shall incur no liability if the Service is unable to complete any Payments initiated by you because of the existence of any one or more of the following circumstances or other reasons identified in this Agreement:

  • If your Funding Account does not contain sufficient funds to complete the transaction or the transaction would exceed the credit limit of your overdraft account;
  • If our payment processing center is not working properly and you know or have been advised about the malfunction before you execute the transaction;
  • If you have not provided us with the correct Funding Account information or other required information;
  • If your debit/credit card is expired;
  • If circumstances beyond our control (such as, but not limited to, fire, flood, or other acts of God, third-party systems, or interference from an outside force) prevent the proper execution of the transaction; and/or
  • If you failed to follow our instructions for the use of the Service.

Provided none of the foregoing exceptions are applicable, if we cause an incorrect amount of funds to be removed from your Funding Account or cause funds from your Funding Account to be directed in a manner that does not comply with your Payment Instructions, our sole responsibility to you shall be to return the improperly transferred funds to your Funding Account.

You are responsible for ensuring that there are sufficient funds available in your Funding Account to cover any amount you authorize for payment. If you do not have sufficient funds in your Funding Account, your Payment may not be processed. Your Payment may not be processed after a credit or debit card's expiration date if it is not updated by you prior to such date, unless we are able to obtain updated information from your card issuer. You authorize us to receive such updated credit or debit card information where available.

In the event your Payment is not processed for any reason, including the failure to obtain an authorization from your card issuer or financial institution, or you have not provided us with the correct information, your liability shall remain outstanding and unpaid, and you will be subject to all applicable penalties, late fees, and interest charges assessed thereon, all of which obligations that remain your sole responsibility.

Any fees associated with your Funding Account, including without limitation any assessed by your financial institution or credit/ debit card issuer, will continue to apply.

OVERPAYMENT ADJUSTMENT
You agree that you shall not intentionally schedule a Payment in excess of the total balance owed on your Account. You acknowledge that we may refuse to process any such overpayment, or we may adjust the Payment amount down to the amount due at time of payment processing to avoid overpayments.

PAYMENT CANCELLATION REQUESTS
You may be permitted to cancel or edit a Payment until such time as the processing of the Payment Instruction has begun. There is no charge for canceling or editing a Payment prior to the processing of the Payment Instruction.

RETURNED PAYMENTS
In using the Service, you understand that payments may be returned for various reasons, such as, but not limited to, the SETF Account number is not valid; we are unable to locate your SETF Account; or your SETF Account is paid in full. We will use reasonable efforts to research and correct the returned payment or void the payment and credit your Funding Account. You may receive notification regarding any such returned payments. You may be assessed fees by us or your financial institution as the result of any returns or insufficient funds related to your Funding Account.

DIGITAL WALLET
The Digital Wallet allows you to save your Funding Account for use in making future Payments. The following terms apply to the use of the Digital Wallet:

  1. Adding Funding Accounts - You authorize the addition of Funding Accounts to your profile when received from you. If your identity cannot be verified satisfactorily, the Service may not allow you to add a specific type of Funding Account to your profile.
  2. Funding Account Number and Expiration Date Changes - It is your sole responsibility, and you agree to ensure that the information maintained in your Digital Wallet is and remains accurate. If your Funding Account number changes or your credit or debit card expiration date changes, you agree to make updates to your Digital Wallet. You also authorize us to acquire such new or additional information regarding your accounts from our financial services partners and authorize the update of your Funding Account information accordingly. All changes made by you or acquired by us will be effective for future Payments paid using the Digital Wallet.

AUTO PAY PAYMENTS AND SCHEDULED PAYMENTS
You may have the option of enrolling in Auto Pay Payments. If you choose to enroll for Auto Pay Payments, or if you initiate a Scheduled Payment, an email confirmation will be sent to you confirming that your enrollment or Payment Instruction has been received and whether it has been accepted. Please note the following in addition to the terms or your Auto Pay Agreement:

  1. Payments must be made by the Due Date, or you may be assessed a late fee.
  2. We will deduct
    1. for Auto Pay Payments, the amount due on the Due Date and
    2. for Scheduled Payments, the amount designated by you on the date you selected.
  3. While enrolled in Auto Pay Payments, you may receive email confirmations of Payments charged to or debited against your Funding Account. It is your responsibility to update your email address in your profile with your current email address. We will not be responsible for email confirmations that are not received as a result of delivery failures (e.g., spam blockers or an incorrect email address).
  4. It is your sole responsibility to ensure that all Funding Account information is accurate, legitimate, and up to date in order to ensure proper authorization of your Payment. We will not be responsible for any payment processing errors or fees incurred if you fail to provide accurate Funding Account information.
  5. You may terminate your participation in Auto Pay Payments online, in writing, or by calling SETF customer service.
  6. For Auto Pay Payments, we will provide you (through email and/or text message) notice approximately 5 days before each Auto Pay Payment of when the Auto Pay Payment will be made and how much the Auto Pay Payment will be.

COMMUNICATIONS TO YOU; ADDRESS OR BANKING CHANGES
By providing us with a telephone number (including a mobile telephone number) and/or email address, you consent to receiving calls and/or text messages at that number, and/or emails from us for our everyday business purposes (including identity verification). You authorize us to send or provide by electronic communication any notice, communication, amendment, or replacement to this Agreement, payment receipt, or disclosure required to be provided orally or in writing to you. You agree to receive any electronic communication provided to you and will not attempt to avoid receiving any such communication. You are deemed to have received any electronic communication provided to you when they are made available to you. By providing us with a telephone number (including a mobile number), you consent to receiving autodialed and prerecorded message calls at that number for Service-related purposes. For example, we may contact you in connection with validating or processing a transaction that you have requested through the Service. You agree that we may provide notices to you by posting them on the Site, emailing them to an email address that you have provided, sending them via text message to any mobile number that you have provided, or by mailing them to any postal address that you have provided. For example, users of the Service may receive certain notices (such as notice of payment and alerts for validation and receipt of transfers of funds) as text messages on their mobile device. All notices by any of these methods shall be deemed received by you no later than twenty-four (24) hours after they are sent or posted, except for notice by postal mail, which shall be deemed received by you no later than three (3) Business Days after it is mailed. It is your sole responsibility to ensure that your contact information is accurate in the Service. We will not be responsible for communications that are not received by you as a result of delivery failures (e.g., spam blockers, an incorrect email address or physical address, or an incorrect mobile phone number).

Data and messaging charges from your telecommunications provider may apply, and you are responsible for any such charges. In the event your enrolled mobile device is lost or stolen, you agree to update your enrollment information and make the appropriate changes to disable the use of such device.

SECURITY
You agree not to give or make available your access or access credentials to the Service to any unauthorized individuals. You are responsible for all Payments you authorize using the Service or that are made using your access credentials. If you permit Authorized Users or other persons to use the Service, you are responsible for any transactions they authorize. If you believe that your access or access credentials to the Service have been lost, stolen, or otherwise compromised, or that someone has transferred or attempted to transfer money without your permission, you must notify SETF customer service at once. If you believe there have been any unauthorized transfers related to your Funding Account, you should notify SETF customer service and/or your financial institution at once. 

INFORMATION AUTHORIZATION
You agree that the information you provide to facilitate a Payment, including your Funding Account information, may go through a verification process. You further agree that we may obtain financial information regarding your Funding Account from your financial institution (e.g., to resolve payment posting problems, set transaction limits, or for verification purposes).

ALTERATIONS AND AMENDMENTS
This Agreement may be altered or amended from time to time by posting a revised version on the Site or providing a revised version to you by other means. You may be required to affirmatively accept the revised Agreement in order to continue using the Service. Regardless of whether you are so required, any use of the Service after a notice of change or after the posting of a revised version of this Agreement on the Site will constitute your agreement to such changes and revised versions. The revised version will be effective at the time it is posted or otherwise provided to you unless a delayed effective date is expressly stated in the revision. Further, we may, from time to time, revise or update the Service applications, services, and/or related material, which may render all such prior versions obsolete. Consequently, we reserve the right to terminate this Agreement as to all such prior versions of the applications, services, and/or related material and limit access to only the Service's more recent revisions and updates. You authorize us to send or provide by electronic communication any notice, communication, amendment, or replacement to the Agreement, or disclosure required to be provided orally or in writing to you. Your use of the Service may be terminated or suspended at any time for any reason or no reason. Neither termination nor suspension shall affect your liability or obligations under this Agreement.

ARBITRATION
For any claim (excluding claims for injunctive or other equitable relief) arising out of or relating to this Agreement, the parties must resolve the dispute in a cost-effective manner through binding non-appearance-based arbitration. The party commencing arbitration will initiate such arbitration through the American Arbitration Association ("AAA") or an established alternative dispute resolution (ADR) administrator mutually agreed upon by the parties. The parties agree that the following rules shall apply:

  1. The arbitration may be conducted telephonically, online and/or be solely based on written submissions, at the election of the party initiating the arbitration;
  2. the arbitration shall not involve any personal appearance by the parties, their representatives or witnesses unless otherwise mutually agreed by the parties;
  3. discovery shall not be permitted;
  4. the matter shall be submitted for decision within ninety (90) days of initiation of arbitration, unless otherwise agreed by the parties, and the arbitrator must render a decision within thirty (30) days of submission; and
  5. any award in such arbitration shall be final and binding upon the parties and may be submitted to any court of competent jurisdiction for confirmation. The parties acknowledge that remedies available under federal, state, and local laws remain available through arbitration.
NO CLASS ACTION, OTHER REPRESENTATIVE ACTION, OR PRIVATE ATTORNEY GENERAL ACTION, OR JOINDER OR CONSOLIDATION OF ANY CLAIM WITH A CLAIM OF ANOTHER PERSON SHALL BE ALLOWABLE IN ARBITRATION. Notwithstanding this Arbitration section, in the event you are a commercial or corporate entity, including without limitation a commercial payment aggregator, we reserve the right to bring a claim against you outside of arbitration and in any forum.

GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflicts of laws provisions. To the extent that the terms of this Agreement conflict with applicable state or federal law, such state or federal law shall replace such conflicting terms only to the extent required by law. In the event of such replacement, all other terms of this Agreement shall remain in full force and effect. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement. Both parties agree to waive any right to have a jury participate in the resolution of any dispute or claim between the parties or any of their respective affiliates arising under this Agreement, which instead shall be brought under the Arbitration clause set forth above.

EXCLUSIONS OF WARRANTIES / LIMITATION OF LIABILITY
In no event shall we or our service providers be responsible or liable for the timeliness, deletion, misdelivery, or failure to store any user communications or personalized settings; any viruses that may affect your computer equipment or other property on account of your access to, use of, or downloading from the Site or Service; or any third party's inability or refusal to authorize a Payment or any other acts or omissions of third parties not controlled by us.

THE SITE AND SERVICE AND RELATED DOCUMENTATION ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED, OR SECURE ACCESS TO ANY PART OF OUR SITE OR SERVICE, AND OPERATION OF THE SITE OR SERVICE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL. SOME STATES DO NOT ALLOW THE DISCLAIMER OF CERTAIN IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU. THIS PARAGRAPH GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.

IN NO EVENT SHALL WE OR OUR SERVICE PROVIDERS (OR EITHER OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, OR STOCKHOLDERS) BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE OR THE SERVICE OR OTHERWISE RELATING TO THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, OR TORT DAMAGES OR LOST PROFITS (EVEN IF ADVISED OF THE POSSIBILITY THEREOF), REGARDLESS OF WHETHER SUCH CLAIM ARISES IN TORT, CONTRACT, OR OTHERWISE.

INDEMNIFICATION
You agree to indemnify and hold harmless us and our affiliates, suppliers, service providers, licensors, and contractors, and the officers, directors, owners, agents, employees, and contractors of each of these, from and against any and all loss, damage, liability, claim, demand, fees, costs, and expenses (including attorney's fees) arising out of your breach of this Agreement and/or your access to or use of the Site or the Service.

INTELLECTUAL PROPERTY
All marks and logos related to the Site and the Service are either trademarks or registered trademarks of SETF or its service providers, or their respective affiliates or licensors. You may not copy, modify, translate, decompile, reverse engineer, reproduce, adapt, or disassemble the Site or the Service, both of which are the sole property of SETF's service provider or SETF's service provider's affiliates or their respective licensors. With the exception of your right to use the Site and Service in accordance with the terms hereof, which right may be revoked by us, you are not granted any rights of any kind in the Site, Service, marks, or logos, and we hereby reserve all such rights. The content accessed through the Site is the property of the applicable content owner and may be protected by applicable copyright or other law. Any downloading of material contained on the Site or on any site linked to the Site may be a violation of federal trademark or copyright laws.

ASSIGNMENT
You may not assign or transfer any rights or obligations you have under this Agreement to any other party without our prior written consent, which we may withhold in our sole discretion. We reserve the right to assign this Agreement or any right or obligation under this Agreement at any time to any party. We may also assign or delegate certain of our rights and responsibilities under this Agreement to affiliates, independent contractors, or other third parties.

NO WAIVER
We shall not be deemed to have waived any of our rights or remedies hereunder unless such waiver is in writing and signed by one of our authorized representatives. No delay or omission on our part in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.

CAPTIONS
The captions of sections hereof are for convenience only and shall not control or affect the meaning or construction of any of the provisions of this Agreement.

ERRORS, QUESTIONS, AND COMPLAINTS
In case of errors or questions about your transactions or Billing Statements, you should contact SETF customer service as soon as possible.

ENTIRE AGREEMENT
You agree that this Agreement (including without limitation the associated Website Terms and Conditions and Online Privacy Policy for the Site) is the complete and exclusive statement of the agreement between you and us, and it supersedes any proposal or prior agreement, oral or written, and any other communications between you and us relating to the subject matter of this Agreement.