Conditions of Use
General
The Toyota Money Website is a service provided by Toyota Finance Australia Limited for the following purposes:
a) informing our Customers,
b) enabling Customers to provide information to us, and
c) providing information and commercial services to Business Partners.
By accessing or otherwise using the Toyota Money Website you agree to be bound by these conditions of use and you acknowledge that Toyota Money provides the Toyota Money Website to you on these conditions of use. Toyota Money 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 Money Website at any time without notice. Your continued use of the Toyota Money 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 Money owns all intellectual property in the Toyota Money Website, unless indicated otherwise. Subject to these conditions of use, Toyota Money grants to you a non-exclusive and non transferable limited licence to do the following:
- View and download information directly accessible through the Toyota Money Website.
- Use information directly accessible through the Toyota Money Website.
You agree that, subject to your use of the Toyota Money Website in accordance with the limited licence granted to you, you will not infringe Toyota Money’s intellectual property in the Toyota Money Website and will not modify, copy, republish, frame, distribute or communicate any part of the Toyota Money Website or any information contained therein or otherwise use them in a way which will infringe Toyota Money’s intellectual property or other property rights.
Disclaimer
Except as provided by law, the Toyota Money Website is provided “as is” and without any warranty or condition, express or implied. Toyota Money does not warrant that the information contained in or accessible through the Toyota Money Website is accurate, suitable for your purposes or without errors, omissions or viruses nor does Toyota Money guarantee continuous, uninterrupted or secure access to the Toyota Money Website. You acknowledge that access and use of the Toyota Money Website (including the software operating in connection with the Toyota Money Website) may be interfered with by numerous factors outside of Toyota Money’s control. Toyota Money does not warrant the accuracy of any advice, opinion, statement, representation or other information displayed on or accessible through the Toyota Money Website. Subject to the provisions of the Trade Practices Act 1974, Toyota Money makes no representations or warranties in respect of the information and materials available on the Toyota Money Website or the means of accessing that information and material (including the software operating in connection with the Toyota Money Website). Toyota Money makes no warranty or representation and accepts no responsibility for any websites operated or controlled by entities other than Toyota Finance Australia Limited which are or may become linked or framed to or from the Toyota Money Website.
Use of Information
If you upload or otherwise provide any information or content (‘Content’) in the course of accessing or using the Toyota Money Website, you agree that such Content will be available to Toyota Money 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 Money 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 Money 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 Money 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 Money 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 Toyota Money 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 Money Website, the use by Toyota Money of information provided by you to Toyota Money through the Toyota Money Website or any such loss or damage which may arise should you be unable to access the Toyota Money Website, for whatever reason and however arising, including negligence.
To the extent that Toyota Money is able to limit the remedies available under these conditions of use, Toyota Money 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 Money’s sole discretion):
- 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 Money 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.
Links
You must not establish links on any other website to the Toyota Money Website or any other part or parts of the Toyota Money Website without the prior written consent of Toyota Money. If you would like us to link to your website, please contact us to sign up to our Standard Linking Agreement.
Breach and termination
If you breach any provision of these terms of use Toyota Money may immediately issue a warning, temporarily suspend or permanently prevent your access to all or certain parts of the Toyota Money Website. In any event, Toyota Money may terminate these terms of use (and your right to use the Toyota Money Website) at any time and for any reason without prior notice to you.
Choice of Law and Use of Toyota Money Website
These conditions of use, and the agreement of which they form part, is to be governed by the laws of the State of New south Wales, Australia. Toyota Money has designed the Toyota Money 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 Money Website outside the Commonwealth of Australia. The Toyota Money Website is available only to people in Australia who can form legally binding contracts under applicable law.
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.
Defined Terms
Business Partner: means any licensed motor dealer to whom Toyota Money grants access to the Business Partner section of the Toyota Money Website and includes officers, agents and employees of the licensed motor dealer.
Customer: means existing or potential customers of Toyota Money or persons accessing or otherwise using the Toyota Money Website for domestic or commercial purposes, other than Business Partners.
Toyota Money: means Toyota Money, a division of Toyota Finance Australia Limited ABN 48 002 435 181. A member of the Toyota Group of companies.
Toyota Money Website: means the website accessible through the following address www.toyotamoney.com.au operated by Toyota Finance Australia Limited.
You: means Business Partners or Customers of Toyota Money as the case may be.