MeuToyota Termos de uso
Estes termos regem o seu acesso e uso do Termos de uso:
a) portal em [www.toyota.co.ao/meutoyota] (Portal);
b) aplicativo móvel (Application).
Estes Termos de Uso são compostos de:
PART A – TERMOS GERAIS; e
PART B – APPLE iOS TERMS: aplicável ao aplicativo se estiver usando um iOSdispositivo,
(together, Termos e uso).
PART A – GENERAL TERMS
General: You acknowledge that:
Scope of Licence: This licence granted to you by Toyota is limited to a non-exclusive, non-transferable licence to (as applicable):
· use the Application on any compatible device that you own or control; and/or
· distribute or make myToyota available over a network where it could be used by multiple devices at the same time;
· rent, lease, lend, sell, redistribute or sublicense the Application/Portal; or
User Name and Password: In order to register and use some or all of myToyota’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 user name and password in order to use myToyota. 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 Toyota may collect and use:
(i) technical data and related information, including but not limited to technical information about your device, system and application software, and peripherals that is gathered periodically; and
(ii) if you log into myToyota using your profile on a third party service, website or application, data from your profile on such service, website or application,
in each case to facilitate the provision of software updates, product support and other services to you (if any) related to myToyota. Toyota may use this information to improve its products and/or provide services or technologies to you.
* 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).
By using myToyota you acknowledge and agree that internet transmissions are never completely private or secure. You understand that any message or information you send using myToyota may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted. Toyota does not warrant that myToyota is free of viruses or other harmful elements.
Toyota may immediately terminate your rights to access and use myToyota:
· if the Application is disabled or removed from your device by the third party operator of the online marketplace from which you obtained the Application.
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 Toyota 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. Toyota 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.
No Warranty: You expressly acknowledge and agree that your use of myToyota 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, myToyota and any Services are provided on an "as is" and “as available” basis, with all faults and without warranty of any kind and Toyota hereby disclaims all warranties, guarantees and conditions with respect to myToyota and any Services. Toyota does not warrant against interference with your enjoyment of myToyota, that the functions contained in, or Services performed or provided by, myToyota will meet your requirements, that the operation of myToyota or Services will be uninterrupted or error-free, or that defects (if any) in myToyota or Services will be corrected. No oral or written information or advice given by Toyota or its authorised representative shall create a warranty.
Toyota 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 Toyota's sole discretion):
· in the case of goods, any one or more of the following:
o the replacement of the goods or supply of equivalent goods;
o the repair of the goods;
o the payment of the costs of replacing the goods or of acquiring equivalent goods; or
o 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 myToyota or any Service is not exhaustive. Toyota will make reasonable efforts to ensure that the information provided via myToyota 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 myToyota or any Service is for basic navigational purposes only and is not intended to be relied upon.
Limitation of Liability: To the extent permitted by law, in no event shall Toyota 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 myToyota or Services, however caused, regardless of the theory of liability (contract, tort, including negligence or otherwise) and even if Toyota 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.
Export Restrictions: You may not use or otherwise export or re-export the Application except as authorized by United States law and the laws of the jurisdiction in which the Application was obtained. In particular, but without limitation, the Application may not be exported or re-exported: (i) into any U.S. embargoed countries; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the Application for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons.
If a third party alleges or makes a claim that myToyota or the Services infringe that third party's copyright or proprietary rights, your sole remedy and Toyota's entire liability in relation to such claim or allegation shall be, in Toyota'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 myToyota.
Toyota contact details:
Phone 1800 TOYOTA (1800 869 682)
Email For myToyota or other product and service enquiries: firstname.lastname@example.org
For privacy enquiries: email@example.com
Post Toyota Australia, PO Box 5428, Chatswood West, NSW 1515
PART B – APPLE iOS TERMS
General: The terms in this Part B apply, in addition to the General Terms in Part A, if you access myToyota via an iOS device.
Scope of Licence: This licence granted to you by Toyota is limited to a non-exclusive, non-transferable licence to use the Application on any compatible Apple device that you own or control and as permitted by the Usage Rules as set out in Section 9.b. of the App Store Terms and Conditions.
Maintenance & Support: You acknowledge that any maintenance and support services for the Application, if any, will be provided by Toyota and that Apple has no obligation whatsoever to furnish any such services for the Application.
Product Claims: You acknowledge that Toyota, not Apple, is responsible for addressing any claims from you or any third party relating to the Application or your possession and/or use of the Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
Intellectual Property Rights: You acknowledge that in the event of any third party claim that the Application, or your possession and use of the Application, infringes that third party’s intellectual property rights, Toyota, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.