By proceeding with the update, you agree and acknowledge that:
If you have any questions, please refer to your owner’s manual, contact your dealer, or call us on 1800 869 682.
Last updated on 17 June 2019
Effective as of 02/11/2020
Before using the Automatic Collision Notification (ACN) Emergency Call (SOS) or Stolen Vehicle Tracking (SVT) services (“Connected Services”) you accept and agree to be bound by these Terms of Use and the terms of Toyota Motor Corporation Australia Limited’s (“TMCA”) privacy policy, available at www.toyota.com.au/privacy (“Privacy Policy”).
If you do not accept these Terms of Use, then you may not use the Connected Services. If you have any questions or wish to opt-out of the Connected Services please contact a Toyota dealer or call the Toyota Guest Experience Centre on 1800 869 682.
It is your sole responsibility to make any of your passengers or drivers of your vehicle aware of the data collection, use, sharing and retention terms of the Privacy Policy and these Terms of Use.
1. TRIAL PERIOD
To obtain these Connected Services, your vehicle must contain a factory installed data communication device (the “Communication Module”).
For a period of three years beginning from your purchase of a new vehicle containing a Communication Module we will provide the Connected Services under these Terms of Use free of charge (“complimentary period”).
At the end of your complimentary period, TMCA will notify you of the fees and payment options for your continued use of the Connected Services.
If you notify us that you do not wish to continue to use the Connected Services at the end of your complimentary period we have the right to turn off your Communication Module.
2. YOUR RIGHT TO TRANSFER YOUR SERVICE
If you sell your vehicle, you must notify us by calling 1800 869 682. If the complimentary period is still active when the vehicle is sold, the new owner of the vehicle is entitled to receive the Connected Services free of charge for the remainder of the complimentary period.
You must notify the new owner of the vehicle about the following matters: (i) the vehicle contains a Communication Module and is subject to these Terms of Use; (ii) that the owner should contact TMCA on 1800 869 682 to ensure that the Connected Services for the vehicle are activated; and (iii)the remaining term of the complimentary period (if any).
3. HOW OUR SERVICE WORKS, RESTRICTIONS, AND SYSTEM LIMITATIONS
A. How the Service Works
Your Service works using a Communication Module within the vehicle which receives Global
Positioning System (“GPS”) satellite signals, and in the case of an event, provides that information to the Toyota Emergency Assistance Centre via commercial mobile wireless communication networks and global service platforms, purchased from one or more third-party providers.
B. Service Availability
Although we will try to provide continuous access to the Connected Services, we cannot and do not
guarantee that the Connected Services will be available 100% of the time and we will not be liable if the Connected Services are unavailable.
Loss of availability could also be caused by a number of reasons, including, without limitation network failures, network or equipment upgrades or maintenance, congestion or other technical problems scheduled or unscheduled.
Not all Connected Services are available in all geographic locations, particularly in areas with poor mobile reception (e.g. remote or enclosed areas). The Connected Services available to you may vary depending upon your vehicle model and model year. For information on the Connected Services available in your vehicle, please review your vehicle’s owner’s manual or consult your Toyota dealer.
C. Communication Module Limitations
Your vehicle is only able to establish calls with the Toyota Emergency Assistance Centre.
Your vehicle must have a working electrical system, including adequate battery power for your
Communication Module to operate.
Connected Services may not work, if:
(a) any vehicle component, hardware or software required to provide the Connected Services is
malfunctioning, is damaged or has been modified or tampered with;
(b) your vehicle is not compliant with government regulations and law;
(c) your vehicle is damaged in a way that restricts wireless communication, or GPS signals; or
(d) cellular telephone signals are terminated or limited.
Connected Services may fail, or be delayed, due to acts of nature, or forces or causes beyond our
reasonable control, including but not limited to weather conditions, public utility failure, acts of war, government actions, terrorism, civil disturbances, wireless network congestion or system failures including internet, computer, telecommunication or other system failures.
4. THIRD PARTY SERVICE PROVIDERS AND BENEFICIARIES
We work with many different companies, individuals and government entities to provide you with your Connected Services.
In these Terms of Use, “Third Party Service Provider” means any person, company or entity who provides any service, Communication Module or facilities in connection with your Connected Services. We will use reasonable efforts to contact appropriate Third Party Service Providers including police, fire brigade or ambulance services for help when you ask for it or when the Communication Module in your vehicle signals for it, but we cannot promise prompt responses from the Third Party Service Providers.
5. YOUR DUTIES AND RESPONSIBILITIES
It is your responsibility to make sure your vehicle and your Communication Module are functioning and activated.
If the light next to the SOS button is red or off, this means that your Communication Module is not functioning properly or is inactive and should be checked by a dealer.
You are solely responsible for:
(a) any use of the Connected Services in your vehicle, even if you are not the one using it;
(b) the costs of any emergency services requested by you, or by anyone using your vehicle
including as a result of an automatic collision notification or when you press the SOS button;
and
(c) providing contact information for use by our Toyota Emergency Assistance Centre when
using the Connected Services including in the event of an automatic collision notification or
when you press the SOS button.
Neither we nor any Third Party Service Provider has any obligation to inquire about the authority of anyone using your vehicle.
If you or a driver of your vehicle uses the Connected Services or Communication Module to commit a crime or for another improper purpose, you will be responsible for any damages owed by us as a result of such use.
When you use the Connected Services, you agree to:
(a) not to use the “SOS” button except for when you require the assistance of an emergency
services provider including ambulance, police or fire brigade; and
(b) not to use your Service for any fraudulent, unlawful, or abusive purpose, or in any way that
interferes with our provision of Connected Services to our other customers.
6. OUR RIGHT TO CANCEL OR SUSPEND YOUR SERVICE
TMCA, and its licensors, reserve the right to change, suspend, remove, terminate or disable access to any Connected Services at any time without notice. In no event will TMCA be liable for the removal of or disabling of access to any such Connected Services.
7. MODIFICATION TO AGREEMENT
TMCA may modify these Terms of Use by giving you notice or by asking you to read and accept a new version. We may give you notice by posting a new version of the Terms of Use at www.toyota.com.au/connected/terms-conditions. Your continued access or use of the Connected Services after our notice indicates your acceptance of the modified Terms of Use.
8. NO WARRANTIES
To the maximum extent permitted by applicable law, the Connected Services are provided on an "as is" and “as available” basis, with all faults and without warranty of any kind and TMCA disclaims all warranties, guarantees and conditions with respect to the Connected Services.
TMCA does not warrant against interference with your enjoyment of the Connected Services, that the Connected Services will meet your requirements, that the Connected Services will be uninterrupted or error-free, that defects (if any) in the Connected Services will be corrected or that information provided via the Connected Services is accurate, complete, current or suitable to your purposes. No oral or written information or advice given by TMCA or its authorised representative shall create a warranty.
TMCA expressly limits its liability for breach of a condition or warranty implied or a consumer
guarantee imposed by virtue of any legislation to the following remedies (the choice of which is to be at TMCA’s sole discretion):
(a) in the case of goods, 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
(b) in the case of services, the supply of the services again or the payment of the cost of having
the services supplied again.
To the extent permitted by law including the Competition and Consumer Act 2010 (Cth), in no event shall TMCA be liable for any loss or damage (including death or personal injury, direct, incidental, special, indirect or consequential damages, loss of profits, loss of data or business interruption costs) arising out of or related to your use or inability to use the Connected Services, however caused, regardless of the theory of liability (contract, tort, including negligence or otherwise) and even if TMCA has been advised of the possibility of such damages. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
TMCA may assign or transfer its rights and obligations under these Terms of Use to another organisation, but this will not affect your rights or TMCA’s obligations under these Terms of Use.
These Terms of Use are governed by the laws of Victoria, Australia. The parties submit to the exclusive jurisdiction of its courts and courts of appeal from them. The parties will not object to the exercise of jurisdiction of those courts on any basis.