General Terms and Conditions

By proceeding with the update, you agree and acknowledge that:

1. the terms of TMCA’s privacy policy from time to time, available at ww.toyota.com.au/privacy (Privacy Policy) are incorporated into these terms of use by reference. If you provide or make available any personal information or sensitive information of a third party to TMCA you warrant that you have obtained the third party's consent to disclose their information to TMCA for collection, use and transfer in accordance with the terms of the Privacy Policy. Your information may be collected, held, used and shared within the OneToyota network* to provide you an integrated guest experience across the network, and will be handled in accordance with the privacy policies of those OneToyota organisations that deal with you (as applicable) available at www.toyota.com.au/privacy;
   
   
   * OneToyota comprises: Toyota, authorised Toyota dealers in Australia, Toyota Finance Australia Limited, Aioi Nissay Dowa Insurance Company Australia Pty Ltd trading as Toyota Insurance, and Toyota Western Australia (comprising Prestige Motors Pty Ltd as trustee for the Prestige Toyota Unit Trust and Eastpoint Pty Ltd);
   
2. use of the Services is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with you. To the maximum extent permitted by applicable law, the Services are provided on an "as is" and “as available” basis, with all faults and without warranty of any kind and TMCA hereby disclaims all warranties, guarantees and conditions with respect to the Services;
3. TMCA does not warrant against interference with your enjoyment of the Services, that the Services will meet your requirements, that the Services will be uninterrupted or error-free, that defects (if any) in the Services will be corrected or that information provided via the 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;
4. TMCA, and its licensors, reserve the right to change, suspend, remove, terminate or disable access to any Services at any time without notice. In no event will TMCA be liable for the removal of or disabling of access to any such Services;
5. certain Services may display, include or make available content, data, information, applications or materials from third parties (Third Party Materials) or provide links to certain third party web sites. By using the Services, you acknowledge and agree that TMCA is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. TMCA does not warrant or endorse and does not assume and will not have any liability or responsibility to you or any other person for any third-party Services, Third Party Materials or web sites, or for any other materials, products, or services of third parties;
6. 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):
   1. 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
   2. in the case of services, the supply of the services again or the payment of the cost of having the services supplied again.
7. To the extent permitted by law, in no event shall TMCA be liable for any loss or damage (including 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 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;
8. 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;
9. 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.

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.

1. Apple CarPlay* is a feature of iOS provided by Apple Inc., and is subject to Apple’s* terms of use, available at https://www.apple.com/ios/carplay/. In providing Apple CarPlay*, Apple* may collect your personal information and user and vehicle information, such as location and vehicle speed. Your personal information will be collected and handled in accordance with Apple’s* privacy policy, available at https://www.apple.com/au/legal/privacy/en-ww/;
2. Android Auto™^ is provided by Google LLC, and is subject to Google’s^ terms of use, available at https://www.android.com/auto/. In providing Android Auto^, Google^ may collect your personal information and user and vehicle information, such as location and vehicle speed. Your personal information will be collected and handled in accordance with Google’s^ privacy policy available at https://policies.google.com/?hl=en&gl=au;
3. SmartDeviceLink™ is provided by SmartDeviceLink Consortium, Inc., and is subject to SmartDeviceLink’s terms of use https://smartdevicelink.com/licenses/. In providing SmartDeviceLink, the SmartDeviceLink Consortium Inc may collect your personal information and user and vehicle information, such as location and vehicle speed. Your personal information will be collected and handled in accordance with the SmartDevice Link Consortium Inc’s privacy policy available at accordance with its privacy policy available at https://smartdevicelink.com/privacy/;
4. third party fees may apply to access and use some of the features available on Apple CarPlay*, Android Auto^ and SmartDeviceLink (collectively, the Services). For further information, visit http://www.apple.com/ios/carplay/, https://www.android.com/auto/ or https://smartdevicelink.com/licenses/;
5. access to and use of the Services requires a compatible device, GPS signal and sufficient mobile data and. Mobile usage is at your cost. For information about data transmission fees, contact your mobile phone service provider. For information about devices compatible with Apple Carplay or Android Auto, refer to www.apple.com/ios/carplay or www.android.com/auto;
6. in some States or Territories some or all of the functions provided by the Services are not permitted while driving. Please check your local road rules before using these functions. Please drive safely;
7. some functions, including iPod* (Audio Playback), USB audio / USB video, Bluetooth® audio, Bluetooth® phone and the Toyota App Suite, may not be available. Personal data or other information (Data) stored on your vehicle’s head unit may be lost or destroyed. Toyota Motor Corporation Australia Limited (TMCA) is not responsible for any loss of Data;