Toyota website conditions of use

General

The Toyota Website is a service provided by Toyota Australia for the following purposes:

a) informing its Customers,
b) enabling Customers to provide information to Toyota, and
c) providing information and commercial services to Business Partners.

Toyota Financial Services information contained on this website is provided by Toyota Finance Australia Limited. Toyota Industrial Equipment information contained on this website is provided by Toyota Industries Corporation Australia Pty Limited.

By accessing or otherwise using the Toyota Website you agree to be bound by these conditions of use and you acknowledge that Toyota provides the Toyota Website to you on these conditions of use. Toyota is entitled at its sole discretion to change, modify, amend, add or remove any part of these conditions of use and to change, amend or delete any features of the Toyota Website at any time without notice. Your continued use of the Toyota Website after this time constitutes an agreement by you to abide by and be bound by these conditions of use, as so amended.

Intellectual Property Protection

Toyota owns all intellectual property in the Toyota Website, unless indicated otherwise. Subject to these conditions of use, Toyota grants to you a non-exclusive and non transferable limited licence to do the following:

  • View and download information directly accessible through the Toyota Website.
  • Use information directly accessible through the Toyota Website.

You agree that, subject to your use of the Toyota Website in accordance with the limited licence granted to you, you will not infringe Toyota's intellectual property in the Toyota Website and will not modify, copy, republish, frame, distribute or communicate any part of the Toyota Website or any information contained therein or otherwise use them in a way which will infringe Toyota's intellectual property or other property rights.

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Disclaimer

Except as provided by law, the Toyota Website is provided "as is" and without any warranty or condition, express or implied. Toyota does not warrant that the information contained in or accessible through the Toyota Website is accurate, suitable for your purposes or without errors, omissions or viruses nor does Toyota guarantee continuous, uninterrupted or secure access to the Toyota Website.

You acknowledge that access and use of the Toyota Website (including the software operating in connection with the Toyota Website) may be interfered with by numerous factors outside of Toyota's control. Toyota does not warrant the accuracy of any advice, opinion, statement, representation or other information displayed on or accessible through the Toyota Website. Subject to the provisions of the Competition and Consumer Act 2010, Toyota makes no representations or warranties in respect of the information and materials available on the Toyota Website or the means of accessing that information and material (including the software operating in connection with the Toyota Website).

Toyota makes no warranty or representation and accepts no responsibility for any websites operated or controlled by entities other than Toyota which are or may become linked or framed to or from the Toyota Website. Toyota Financial Services information contained on this website is provided by Toyota Finance Australia Limited. Toyota Industrial Equipment information contained on this website is provided by Toyota Industries Corporation Australia Pty Limited.

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Use of Information

If you upload or otherwise provide any information or content ('Content') in the course of accessing or using the Toyota Website, you agree that such Content will be available to Toyota to use in any manner it thinks fit, subject to applicable provisions of any legislation including (without limitation) privacy legislation. You agree that you will not upload or otherwise provide any Content: which:

  • is defamatory, fraudulent, unlawful, threatening, intimidating, harassing, harmful, hateful, abusive, tortious, vulgar, obscene, invasive of another's privacy, sexist, racist, homophobic, violent, degrading; or
  • infringes the intellectual or other proprietary interests of third parties; or
  • impersonates another person or entity, attempts to solicit personal information from another user, contains sexually explicit language or images, advertises or promotes the sale of products or services such as firearms, tobacco or alcohol, adult products and services and any other products or services Toyota considers to be inappropriate; or
  • contains spam, chain letters, pyramid and other such selling and marketing schemes, computer viruses, computer code, files or programs or other harmful components that are designed to interrupt, destroy, change or limit the functionality of the Toyota Website or any other computer software, hardware or other electronic equipment, information which in any way impinges on another user's use or enjoyment of the Toyota Website or otherwise breaches or encourages other users to breach these terms of use; or
  • violates any law, statute or regulation; or
  • forges information to disguise the origin of any Content; and
  • encourages or incites any other Customer to engage in any of the above behaviour.

You agree to grant Toyota a non-exclusive, worldwide, perpetual, irrevocable, royalty- free, sub-licensable right to exercise the copyright you have in any Content, in all media now known or not currently known. You also agree to waive any moral rights or similar rights you may have or may acquire in the future in that Content in our favour.

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Limitation of Liability

You agree that Toyota is not liable to you or anyone else for any loss or damages (including direct, indirect, special or consequential loss) arising out of or in connection with the use of the Toyota Website, the use by Toyota of information provided by you to Toyota through the Toyota Website or any such loss or damage which may arise should you be unable to access the Toyota Website, for whatever reason and however arising, including negligence.

To the extent that Toyota is able to limit the remedies available under these conditions of use, Toyota expressly limits its liability for breach of a condition or warranty implied by virtue of any legislation to the following remedies (the choice of which is to be at Toyota's sole discretion):

  • in the case of goods, any one or more of the following:
  • the replacement of the goods or supply of equivalent goods;
  • the repair of the goods;
  • the payment of the costs of replacing the goods or of acquiring equivalent goods; or
  • the payment of the costs of having the goods repaired; and
  • in the case of services:
  • supply of the services again; or
  • the payment of the cost of having the services supplied again.

You indemnify Toyota against any action, liability, claim, loss, damage, proceeding, expense (including legal costs) suffered or incurred by us, arising from, or which is directly or indirectly, related to:

  • your breach or non-observance of any term of these conditions of use; or
  • any breach or inaccuracy in any of your representations or warranties.

Toyota Australia is not liable for content or functions on the Toyota Website provided by Toyota Finance Australia Limited and Toyota Industries Corporation Australia Pty Limited. Toyota Finance Australia Limited and Toyota Industries Corporation Australia Pty Limited are not liable for content or functions on the Toyota Website provided by Toyota Australia.

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Breach and termination

If you breach any provision of these terms of use Toyota may immediately issue a warning, temporarily suspend or permanently prevent your access to all or certain parts of the Toyota Website. In any event, Toyota may terminate these terms of use (and your right to use the Toyota Website) at any time and for any reason without prior notice to you.

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Choice of Law and Use of Toyota Website

These conditions of use, and the agreement of which they form part, is to be governed by the laws of the State of Victoria, Australia. Toyota has designed the Toyota Website for use only within the Commonwealth of Australia and makes no warranties or representations with regard to use by persons accessing, downloading or otherwise using the Toyota Website outside the Commonwealth of Australia. The Toyota Website is available only to people in Australia who can form legally binding contracts under applicable law.

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No agency

No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created between you and Toyota by these terms of use.

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Defined Terms

Business Partner: means any licensed motor dealer to whom Toyota grants access to the Business Partner section of the Toyota Website and includes officers agents and employees of the licensed motor dealer.
Customer: means existing or potential customers of Toyota or persons accessing or otherwise using the Toyota Website for domestic or commercial purposes, other than Business Partners.
Toyota: means Toyota Motor Corporation Australia Limited ACN 009 686 097 and Toyota Finance Australia Limited ACN 002 435 181
Toyota Australia: means Toyota Motor Corporation Australia Limited ACN 009 686 097
Toyota Industrial Equipment: means Toyota Industries Corporation Australia Pty Limited ACN 104 644 635
Toyota Financial Services: means Toyota Finance Australia Limited ACN 002 435 181
Toyota Website: means the website accessible through the following address
www.toyota.com.au operated jointly by Toyota Motor Corporation Australia Limited ACN 009 686 097 and Toyota Finance Australia Limited ACN 002 435 181
you: means Business Partners or Customers of Toyota as the case may be.

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SMS Service Terms and Conditions

  1. You must take care when dialing or sending messages to obtain SMS service. It is your responsibility to ensure that you dial the correct number and send the correct request message.Toyota Motor Corporation Australia Limited ("Toyota") will not be liable for costs incurred or unexpected responses received by you because of user or any other occurence or omission.
  2. The SMS Service is only available to users connected to the Telstra, Vodafone, Hutchison, Virgin and Optus mobile digital networks and participating service providers with SMS compatible mobile digital phones. All queries relating to the eligibility of your specific mobile network should be directed to your mobile telephone carrier.
  3. Toyota has no control over mobile telephone communications, networks or lines and accepts no responsibility for any problems associated with them, whether due to traffic congestion, technical malfunction or otherwise. Toyota is not liable for any consequences of user error including (without limitation) costs incurred.
  4. Toyota and its associated agencies and companies will not be liable for any loss (including, without limitation, indirect, special or consequential loss or loss of profits), expense, damage, personal injury or death which is suffered or sustained (whether or not arising from any person's negligence) in connection with this service, except for any liability which cannot be excluded by law (in which case that liability is limited to the minimum allowable by law).
  5. Standard SMS fees apply. Check with your carrier for SMS costs. The charges for the content and carriage of the SMS Services will appear on your next mobile telephone bill.
  6. Toyota or your mobile telephone carrier may terminate or suspend in whole or in part any or all of the SMS service at any time, for any reason and without liability.
  7. When you submit a request to the SMS Service, Toyota collects your mobile telephone number for the purpose of responding to your request and, unless you ask not to receive promotional material, may also use your number to keep you informed about Toyota services and special offers. Toyota may also disclose your number to Toyota dealers, to its related bodies corporate, agencies and contractors (including call centres, advertising agencies and direct mail houses). Toyota is bound by the National Privacy Principles contained in the Privacy Act (Cth) 1988. A copy of Toyota's privacy policy can be viewed at www.toyota.com.au. To request access to, or to update, personal information Toyota holds about you, you can contact Toyota on 1800 252 097.
  8. While Toyota will use its reasonable endeavours in providing the SMS service, Toyota does not guarantee that the information provided through the SMS service will be accurate, complete or up to date and does not guarantee that the SMS service will be free of interruptions or errors. Toyota excludes all express and implied warranties in relation to the SMS service. If any applicable law implies any warranty in relation to the SMS service which cannot be so excluded, then (if permitted by law) Toyota limits its liability for breach of that warranty to re-supply of the SMS service or payment of the cost of re-supplying the SMS service, at Toyota's option.

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