Toyota Go Privacy Collection Notice and Terms and Conditions

Toyota Go Terms and Conditions

Effective as of 4 September 2024.

1. Agreement

  1. These Terms and Conditions form part of the agreement between Toyota Motor Corporation Australia Limited (TMCA) and the Member for the provision of Toyota Go.
  2. By registering as a Member and using the Toyota Go services you agree to be bound by these Terms and Conditions and the TMCA Privacy Policy, available at www.toyota.com.au/privacy (Privacy Policy).
  3. If you do not accept these Terms and Conditions, then you may not use Toyota Go. If you have any questions about Toyota Go or these Terms and Conditions, please contact the Customer Assistance Centre on 1800 869 682.
  4. The meaning of capitalised terms used in these Terms and Conditions can be found in clause 13.

2. Toyota Go Membership

  1. Toyota Go is available only to natural persons aged 18 years or over.
  2. In order to use Toyota Go you must be a Member. Registering as a Member is complimentary.
  3. To register as a Member, you must:
    1. complete the registration process, including the Registration Form, in accordance with the instructions provided; and
    2. create an account through the Toyota Go Portal. If you already have a myToyota Connect account, you can use the same credentials to log into the Toyota Go Portal.
  4. During registration, you will be required to use a unique email, mobile number, and create a password in order to use Toyota Go. You must memorise your password or store your password in a safe and secure place. Do not disclose your password to anyone or allow any other person to access or use your account. Any one of the following individuals is eligible to become a Member of Toyota Go:
    1. where the Owner is an individual, either:
      • the Owner; or
      • the regular driver or custodian of the vehicle; or
      • a prospective buyer that may purchase a Toyota vehicle at an unspecified future time; or
      • a Bronze Fleet member; or
    1. where the Owner is an organisation, the regular driver or custodian of the vehicle.
  5. A limit of one Toyota Go account is available per individual. Toyota Go accounts are not transferable.
  6. If the vehicle is sold or transferred to a new Owner or leased from a Toyota Dealer or from a third party, the Member’s Toyota Go account will continue.
  7. A Member’s Toyota Go will continue until the earlier of the following occurs:
    1. the Member cancels their Toyota Go account via the Account Deletion feature, available on the Toyota Go Portal; or
    2. the Toyota Go account is terminated in writing by TMCA.

3. Toyota Go Rewards & Benefits

  1. Accessing Rewards & Benefits:
    1. Details of the Toyota Go Rewards & Benefits can be found within the Members Toyota Go Portal or by calling the Customer Assistance Centre on 1800 869 682.
    2. A Member may use any of the Rewards & Benefits by following the instructions set out in the Toyota Go Portal for that particular Reward or Benefit. Particular Rewards & Benefits may require the Member to:
      • contact the Customer Assistance Centre on 1800 869 682;
      • contact the Rewards & Benefits Partner directly; or
      • take such other steps as may be notified by TMCA from time to time.
  2. General Information
    1. Rewards & Benefits
      • are subject to (1) availability; and (2) any terms and conditions made accessible in the Toyota Go Portal and in any other current material describing the Toyota Go Rewards & Benefits (including any ticket or voucher issued in relation to the Rewards & Benefits);
      • will not be exchanged for cash or credit, refunded or replaced by TMCA or any Rewards & Benefits Partner;
      • are only for non-profit use by Members and Members are not permitted to sell, trade or otherwise transfer Rewards & Benefits for benefit; and
      • are not transferable. Members are responsible for ensuring that their Rewards & Benefits are not used by individuals other than the Member or Member's Partner unless those individuals are accompanied by either the Member or the Member’s Partner. For this reason, Rewards & Benefits Partners may require sufficient Personal Information to identify the Member or the Member’s Partner at the time Rewards & Benefits are arranged or provided.
    2. Rewards & Benefits may be provided to a Member by third parties or Rewards & Benefits Partners. Certain services, including the Rewards & Benefits, 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 websites. Member (and Member’s Partner as applicable) acknowledges and agrees that by using Toyota Go, including any services and/or Rewards & Benefits, TMCA is, to the maximum extent permitted by law, 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 websites. TMCA does not warrant or endorse and does not assume and will not have any liability or responsibility to Members, Member’s Partners or any other person for any third-party services, Third Party Materials or websites, or for any other materials, products, or services of third parties.

4. Your Obligations

  1. The Member acknowledges and agrees that:
    1. use of Toyota Go is at your sole risk and to the maximum extent permitted by law and subject to clause 8.c the entire risk as to satisfactory quality, performance, accuracy and effort is with you;
    2. the Member is solely responsible for any use of their Toyota Go by the Member or by any other person whom the Member has provided access to their Toyota Go account;
    3. TMCA, Rewards & Benefits Partners and any other third party service provider are not obliged to inquire about the authority of anyone using the Member’s Toyota Go account; and
    4. if the Member or another person whom the Member has provided access to its Toyota Go account uses the Toyota Go account to commit a crime or in breach of any laws, the Member will be responsible for any damages owed by TMCA to any third party or regulator as a result of such use.

5. Cancellation or Suspension

  1. TMCA may at any time cancel or suspend a Member’s Toyota Go account for any reason, by providing reasonable prior notice to the Member, including if the Member has breached these Terms and Conditions.
  2. To the maximum extent permitted by law, TMCA, and its licensors, give no warranty as to the continuing availability of Toyota Go and reserve the right to change, suspend, remove, terminate, or disable access to Toyota Go at any time by providing reasonable prior notice to Members. In no event will TMCA be liable in relation to the removal of or disabling of access to Toyota Go in accordance with this clause.
  3. Nothing in clauses 5.a or 5.b impacts the Member’s entitlement to Rewards & Benefits provided to the Member but not used prior to or on the date of cancellation and suspension of the Member’s Toyota Go account or the suspension, removal, termination or disabling of the Member’s access to Toyota Go. Rewards and Benefits may be accessed by calling the Customer Assistance Centre on 1800 869 682.

6. Modification of Agreement

TMCA may modify these Terms and Conditions by providing the Member with notice via the Toyota Go Portal.

  1. Continued access or use of Toyota Go by the Member after TMCA’s notice indicates the Member’s acceptance of the modified Terms and Conditions.

7. Changes to Toyota Go Rewards & Benefits

  1. TMCA may change the Rewards and Benefits at any time without notice, including by:
    1. adding or removing Rewards and Benefits Partners;
    2. adding or removing Rewards and Benefits;
    3. varying the terms and conditions for particular Rewards & Benefits; or
    4. introducing terms designed to ensure the equitable distribution of Rewards & Benefits to Members.
  2. Nothing in clause 7.a impacts the Member’s entitlement to Rewards & Benefits activated by the Member but not redeemed with the relevant Rewards & Benefits Partner(s) prior to any changes made to the Rewards & Benefits. Rewards and Benefits may be accessed by calling the Customer Assistance Centre on 1800 869 682.

8. No Warranties

  1. To the maximum extent permitted by applicable law, Toyota Go is 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 Toyota Go.
  2. TMCA does not warrant against interference with your enjoyment of Toyota Go, that Toyota Go will meet your requirements, that Toyota Go will be uninterrupted or error-free, that defects (if any) in Toyota Go will be corrected or that information provided via Toyota Go is accurate, complete, current, or suitable to your purposes.
  3. Nothing in these Terms and Conditions excludes, restricts or modifies any right or remedy, or any guarantee, warranty or other term or condition, implied or imposed by any Law (including consumer guarantees under the Australian Consumer Law) that cannot lawfully be excluded or limited (Non-Excludable Condition).

9. Liability

  1. Where permitted by Law, and provided it is reasonable to do so, TMCA expressly limits its liability for breach of a Non-Excludable Condition to:
    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.
  2. To the maximum extent permitted by law, including the Competition and Consumer Act 2010 (Cth), TMCA, Rewards & Benefits Partners, Toyota Motor Corporation and their officers, employees, contractors and agents will not be liable to the Member 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 Toyota Go, 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. This limitation on TMCA’s liability does not apply to the extent that the relevant loss arose due to TMCA’s gross negligence, fraud or wilful misconduct.

10. Privacy

  1. The terms of TMCA’s Privacy Policy, as updated from time to time (available at www.toyota.com.au/privacy), are incorporated into these Terms and Conditions by reference. The Personal Information collected in connection with Toyota Go is collected by TMCA and will be handled in accordance with TMCA’s Privacy Policy.
  2. TMCA also collects Personal Information about Owners from Rewards & Benefits Partners to enable it to offer Toyota Go to those Owners. This information will also be treated in accordance with this clause 10.
  3. Individuals can contact TMCA by:

    Phone:
    1800 TOYOTA (1800 869 682)

    Email:
    For Portal or other product and service enquiries: [email protected]
    For privacy enquiries: [email protected]

    Post:
    155 Bertie Street, Port Melbourne, VIC 3207


  4. If a Member provides or makes available any Personal Information or Sensitive Information of a third party to TMCA, the Member warrants that they have (1) 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; and (2) informed the third party of how their information will be handled by TMCA.

11. General

  1. TMCA may engage third parties to supply services for it in connection with Toyota Go. However, the engagement of third parties under this clause 11.a will not affect TMCA’s rights and obligations under these Terms and Conditions.
  2. Failure by either party to enforce a particular term or condition does not constitute a waiver of that term or condition.
  3. In the event of any inconsistency between these Terms and Conditions and the terms and conditions contained in any other material relating to Toyota Go or Rewards & Benefits, these Terms and Conditions will prevail to the extent of any inconsistency.
  4. These Terms and Conditions are governed by and must be construed in accordance with the laws of Victoria, Australia. The parties submit to the exclusive jurisdiction of the courts of Victoria, and courts competent to determine appeals from those courts, with respect to any proceedings that may be brought at any time relating to these Terms and Conditions. The parties will not object to the exercise of jurisdiction of those courts on any basis.
  5. TMCA may assign or transfer its rights and obligations under these Terms and Conditions to another organisation, but this will not affect the rights of a Member or TMCA’s obligations under these Terms and Conditions.

12. Interpretation

  1. In these Terms and Conditions, headings are for ease of reference only and do not affect interpretation.
  2. Unless the context requires otherwise:
    1. the singular includes the plural, and the plural includes the singular;
    2. if a word or phrase is defined, another grammatical form of that word or phrase has a corresponding meaning; and
    3. the word "includes" in any form is not a word of limitation.

13. Definitions

  • “Member" means an individual who has successfully completed the Toyota Go registration process in accordance with clause 2.c and whose account has not been cancelled or terminated under clause 2.g.
  • “Members Partner” means the spouse, de-facto partner or immediate family member of a Member.
  • "Owner" means the registered owner of a Toyota vehicle.
  • "Personal Information" has the same meaning as in the Privacy Act 1988 (Cth).
  • “Privacy Policy” has the meaning given in clause 1.b.
  • "Registration Form" means the Toyota Go digital Registration Form, which is available to Owners at any time on www.toyota.com.au/account/register.
  • “Rewards & Benefits" means the rewards and benefits made available to Members, as described on www.toyota.com.au/account/benefits in other promotional material for the Toyota Go Rewards & Benefits, as varied by TMCA from time to time in accordance with these Terms and Conditions.
  • "Rewards & Benefits Partner" means any organisation or individual that provides any Rewards & Benefits or service to Members from time to time. Current Rewards & Benefits Partners are described on www.toyota.com.au/account/benefits.
  • "Sensitive Information" has the same meaning as in the Privacy Act 1988 (Cth).
  • "Terms and Conditions" means these terms and conditions, as amended from time to time.
  • “TMCA” has the meaning given in clause 1.a.
  • "Toyota Dealer" means a person who has been appointed by TMCA as an authorised dealer of Toyota vehicles and related products.
  • “Toyota Go” means the provision of a centralised access point to and the provision of services and Rewards & Benefits through the Toyota Go Portal.
  • “Toyota Go Portal” means the online portal through which Members may access Toyota Go services.

Toyota Go Portal Terms of Use

General

As part of your Toyota Go account, Toyota Motor Corporation Australia Ltd (ABN 64 009 686 097) (TMCA) provides you with access to the Toyota Go portal at www.toyota.com.au/membership (Portal), subject to these Toyota Go Portal Terms of Use (Terms of Use). These Terms of Use govern your access to and use of the Portal.

You acknowledge that the Portal is owned and operated by TMCA.

By using the Portal, you accept and agree to be bound by these Terms of Use and the terms of TMCA’s 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 Portal. If you have any questions about Toyota Go, the Portal, or these Terms of Use please contact the Customer Assistance Centre on 1800 869 682.

It is your sole responsibility to make any other users of your Toyota Go account aware of the data collection, use, sharing and retention terms of the Privacy Policy and these Terms of Use.

Scope of Licence

This licence granted to you by TMCA is limited to a non-exclusive, non-transferable licence to (as applicable) use the Portal.

However, nothing in these Terms of Use allows you to:

  • use the Portal on any device that you do not own or control;
  • distribute or make the Portal available over a network where it could be used by multiple devices at the same time;
  • rent, lease, lend, sell, redistribute, or sublicense the Portal; or
  • copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Portal, any updates, or any part thereof (except to the extent permitted by these Terms of Use, applicable law or the licensing terms governing use of any open-source components included with the Portal).

Unless stated otherwise by TMCA, these Terms of Use will govern any upgrade or modification to the Portal by TMCA.

Username and Password

In order to register and use some or all of Toyota Go’s functions and set up your profile, you must complete the registration process in accordance with instructions provided. Once registered, you will be issued a username and password in order to use Toyota Go and the Portal. You must memorise your password or store your password in a safe and secure place. Do not disclose your password to anyone or allow any other person to access or use your account.

Consent to Use of Data

You agree that TMCA may collect and use:

  1. technical data and related information, including but not limited to technical information about your device, system, and peripherals that is gathered periodically; and
  2. if you log into the Portal using your Toyota Go account on a third party service, website, data from your profile on such service, website,

in each case to facilitate the provision of software updates, product support and other services to you (if any) related to the Portal. TMCA may use this information to improve its products and/or provide services or technologies to you.

Privacy and Security

The terms of TMCA’s privacy policy from time to time, available at www.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 via the Portal 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 with an integrated customer 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: TMCA, 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).

By using the Portal, you acknowledge and agree that internet transmissions are never completely private or secure. You understand that any message or information you send using the Portal may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted. TMCA does not warrant that the Portal is free of viruses or other harmful elements.

Toyota Marketing

If you submit personal information via the Portal, your personal information will be handled in accordance with the Toyota Group Privacy Policy available at www.toyota.com.au/privacy and the privacy policies of the other OneToyota organisations that deal with you (if any). This includes using your information to send you marketing and information as outlined in the privacy policies.

Termination

Your rights to access and use the Portal pursuant to these Terms of Use are effective until terminated.

Either:

  1. TMCA may immediately suspend or terminate your rights to access and use Toyota Go and/or the Portal by giving notice to you if you breach any of the Terms of Use; or
  2. you may terminate your rights to access and use the Portal pursuant to these Terms of Use by written notice to TMCA.

Upon termination of these Terms of Use for any reason, you must cease all use of the Portal.

Services and Third Party Materials

The Portal may enable access to services provided by TMCA and third parties, and websites (collectively and individually, Services). Use of Services may require internet access. You acknowledge and agree that your use of Services may require you to accept any additional terms of use required for such Services (if applicable). You understand that by using any Services, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language. Nevertheless, you agree to use the Services at your sole risk and that TMCA shall not have any liability to you for third party content that may be found to be offensive, indecent or objectionable. TMCA, and its licensors, reserve the right to change, suspend, remove, 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. TMCA may also impose limits on the use of or access to certain Services, in any case, and without notice or liability.

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 websites. 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 websites. 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 websites, or for any other materials, products, or services of third parties.

Variations

TMCA may vary the Portal, the Services and/or these Terms of Use, including but not limited to changing the functionality and/or appearance of the Portal, by notifying you either by email or when you next start the Portal. Your continued use of the Portal after such a variation constitutes your acceptance of the updated Portal, Services and/or the Terms of Use, as applicable.

No Warranty

To the maximum extent permitted by applicable law, including the Competition and Consumer Act 2010 (Cth), the Portal and any 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 Portal and any Services. TMCA does not warrant against interference with your enjoyment of the Portal, that the functions contained in, or Services performed or provided by, the Portal will meet your requirements, that the operation of the Portal or Services will be uninterrupted or error-free, or that defects (if any) in the Portal or Services will be corrected. No oral or written information or advice given by TMCA or its authorised representative shall create a warranty.

Nothing in these Terms of Use excludes, restricts or modifies any right or remedy, or any guarantee, warranty or other term or condition, implied or imposed by any law (including consumer guarantees under schedule 2 of the Competition and Consumer Act 2010 (Cth)) that cannot lawfully be excluded or limited (Non-Excludable Condition).

Where permitted by Law, and provided it is reasonable to do so, TMCA expressly limits its liability for breach of a Non-Excludable Condition to:

    • 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, the supply of the services again or the payment of the cost of having the services supplied again.

The information accessed via the Portal or any Service is not exhaustive. TMCA will make reasonable efforts to ensure that the information provided via the Portal and Services is accurate and current, but makes no warranties or representations that this information is accurate, complete, current or suitable for your purposes. In particular, location data provided by the Portal or any Service is for basic navigational purposes only and is not intended to be relied upon.

Limitation of Liability

To the maximum 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 Portal or 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 its essential purpose. This limitation on TMCA’s liability does not apply to the extent that the relevant loss arose due to TMCA’s gross negligence, fraud or wilful misconduct.

Intellectual Property Rights

TMCA owns all intellectual property in the Portal unless indicated otherwise. You agree that, subject to your use of the Portal in accordance with the limited licence granted to you in these Terms of Use, you will not infringe TMCA’s intellectual property in the Portal and will not modify, copy, republish, frame, distribute or communicate any part of the Portal or any information contained therein or otherwise use them in a way which will infringe TMCA’s intellectual property or other property rights.

If a third party alleges or makes a claim that the Portal or the Services infringe that third party's copyright or proprietary rights, your sole remedy and TMCA’s entire liability in relation to such claim or allegation shall be, in TMCA’s sole and absolute discretion, to: (i) replace or modify the infringing materials so that they are non-infringing; (ii) obtain a licence for you to use the infringing materials or (iii) terminate your access to the Portal.

TMCA contact details

Phone:
1800 TOYOTA (1800 869 682)

Email:
For Portal or other product and service enquiries: [email protected]
For privacy enquiries: [email protected]

Post:
155 Bertie Street, Port Melbourne, VIC 3207

Governing Law and Jurisdiction

These Terms of Use are governed by the laws of Victoria, Australia. The parties submit to the non-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.

Assignment

TMCA may assign or transfer its rights and obligations under these Terms of Use to another organisation, but this will not affect either party’s rights or obligations under these Terms of Use. You may only transfer your rights or obligations under these Terms of Use to another person with TMCA’s prior written consent.

Customer Preference Centre

Submission of the form in Customer Preference Centre will update your preferences with TMCA.

For more information about how TMCA looks after your personal information, please see our privacy policy at www.toyota.com.au/privacy.

Toyota Go Privacy Collection Notice

Our customers' privacy is important to Toyota. Toyota Motor Corporation Australia Limited & Toyota Finance Australia Limited collect your personal information & handle it in accordance with our Privacy Policy available at www.toyota.com.au/privacy.

When you sign up to and use Toyota Go, TMCA and Rewards & Benefits Partners collect the personal information you provide (including in your registration form and dealings with TMCA and our Rewards & Benefits Partners) to provide you with the Toyota Go. TMCA may also use this information for the purposes set out in our Privacy Policy. If you do not provide TMCA or our Rewards & Benefits Partners with this personal information, TMCA and our Rewards & Benefits Partners may not be able to provide you with the Toyota Go or Rewards & Benefits. TMCA may share your information with our service providers, other members of the One Toyota Network, including recipients in Japan, and as otherwise described in the TMCA Privacy Policy. To learn how you can access or correct your personal information, or make a complaint please review our Privacy Policy. You can also contact us at [email protected].