Website Conditions of Use
The Daihatsu Website is a service provided by Daihatsu for the following purposes:
a) informing its Customers,
b) enabling Customers to provide information to Daihatsu, and
c) providing information and commercial services to Business Partners.
Daihatsu Financial Services information contained on this website is provided by Daihatsu Financial Services, a division of Toyota Finance Australia Limited.
By accessing or otherwise using the Daihatsu Website you agree to be bound by these conditions of use and you acknowledge that Daihatsu provides the Daihatsu Website to you on these conditions of use. Daihatsu 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 Daihatsu Website at any time without notice. Your continued use of the Daihatsu 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
Daihatsu owns all intellectual property in the Daihatsu Website, unless indicated otherwise. Subject to these conditions of use, Daihatsu grants to you a non-exclusive and non transferable limited licence to do the following:
- View and download information directly accessible through the Daihatsu Website.
- Use information directly accessible through the Daihatsu Website.
You agree that, subject to your use of the Daihatsu Website in accordance with the limited licence granted to you, you will not infringe Daihatsu's intellectual property in the Daihatsu Website and will not modify, copy, republish, frame, distribute or communicate any part of the Daihatsu Website or any information contained therein or otherwise use them in a way which will infringe Daihatsu's intellectual property or other property rights.
Except as provided by law, the Daihatsu Website is provided "as is" and without any warranty or condition, express or implied. Daihatsu does not warrant that the information contained in or accessible through the Daihatsu Website is accurate, suitable for your purposes or without errors, omissions or viruses nor does Daihatsu guarantee continuous, uninterrupted or secure access to the Daihatsu Website. You acknowledge that access and use of the Daihatsu Website (including the software operating in connection with the Daihatsu Website) may be interfered with by numerous factors outside of Daihatsu's control. Daihatsu does not warrant the accuracy of any advice, opinion, statement, representation or other information displayed on or accessible through the Daihatsu Website. Subject to the provisions of the Trade Practices Act 1974, Daihatsu makes no representations or warranties in respect of the information and materials available on the Daihatsu Website or the means of accessing that information and material (including the software operating in connection with the Daihatsu Website).
Daihatsu makes no warranty or representation and accepts no responsibility for any websites operated or controlled by entities other than Daihatsu which are or may become linked or framed to or from the Daihatsu Website.
Use of Information
- 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 Daihatsu considers to be inappropriate; 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 Daihatsu 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.
Limitation of Liability
You agree that Daihatsu 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 Daihatsu Website, the use by Daihatsu of information provided by you to Daihatsu through the Daihatsu Website or any such loss or damage which may arise should you be unable to access the Daihatsu Website, for whatever reason and however arising, including negligence.
To the extent that Daihatsu is able to limit the remedies available under these conditions of use, Daihatsu 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 Daihatsu'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 Daihatsu 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.
You must not establish links on any other website to the Daihatsu Website or any other part or parts of the Daihatsu Website without the prior written consent of Daihatsu. If you would like us to link to your website, please contact Daihatsu through the contact section of this site to sign up to our Standard Linking Agreement.
Breach and termination
Choice of Law and Use of Daihatsu 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.
Daihatsu has designed the Daihatsu 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 Daihatsu Website outside the Commonwealth of Australia.
The Daihatsu Website is available only to people in Australia who can form legally binding contracts under applicable law.
Business Partner: means any licensed motor dealer to whom Daihatsu grants access to the Business Partner section of the Daihatsu Website and includes officers agents and employees of the licensed motor dealer. Customer: means existing or potential customers of Daihatsu or persons accessing or otherwise using the Daihatsu Website for domestic or commercial purposes, other than Business Partners.
Daihatsu: means Daihatsu, a division of Toyota Motor Corporation ACN 009 686 097 and Daihatsu Financial Services.
Daihatsu Financial Services: means Daihatsu Financial Services, a division of Toyota Finance Australia Limited ACN 002 435 181
Daihatsu Website: means the website accessible through the following address www.Daihatsu.com.au operated by Daihatsu and Daihatsu Financial Services.
you: means Business Partners or Customers of Daihatsu as the case may be.