General
The Toyota Material Handling Australia (TMHA) website is a service provided by Toyota Material Handling Australia for the following purposes:
- informing its Customers about the material handling equipment it distributes and services,
- enabling Customers to provide information to TMHA about its products, and
- providing information about the products and service of our Business Partners.
The information contained on this website is provided by TMHA. Toyota Financial Services information contained on this website is provided by Toyota Finance Australia Limited.
By accessing or otherwise using the TMHA website you agree to be bound by these conditions of use and you acknowledge that TMHA provides the TMHA website to you on these conditions of use. TMHA 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 TMHA website at any time without notice. Your continued use of the TMHA 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
TMHA owns all intellectual property in the TMHA website, unless indicated otherwise. Subject to these conditions of use, TMHA grants to you a non-exclusive and non transferable limited licence to do the following:
- View and download information directly accessible through the TMHA website.
- Use information directly accessible through the TMHA website.
You agree that, subject to your use of the TMHA website in accordance with the limited licence granted to you, you will not infringe TMHA 's intellectual property in the TMHA website and will not modify, copy, republish, frame, distribute or communicate any part of the TMHA website or any information contained therein or otherwise use them in a way which infringes TMHA's intellectual property or other property rights.
Disclaimer
Except as provided by law, the TMHA website is provided "as is" and without any warranty or condition, express or implied. TMHA does not warrant that the information contained in or accessible through the TMHA website is accurate, suitable for your purposes or without errors, omissions or viruses nor does TMHA guarantee continuous, uninterrupted or secure access to the TMHA website. You acknowledge that access and use of the TMHA website (including the software operating in connection with the TMHA website) may be interfered with by numerous factors outside of TMHA 's control. TMHA does not warrant the accuracy of any advice, opinion, statement, representation or other information displayed on or accessible through the TMHA website. Subject to the provisions of the Trade Practices Act 1974, TMHA makes no representations or warranties in respect of the information and materials available on the TMHA website or the means of accessing that information and material (including the software operating in connection with the TMHA website). TMHA makes no warranty or representation and accepts no responsibility for any websites operated or controlled by entities other than TMHA which are or may become linked or framed to or from the TMHA website. Toyota Financial Services information contained on this website is provided by Toyota Finance Australia Limited.
Use of Information
When you upload or otherwise provide any information or content ('Content') in the course of accessing or using the TMHA website, you agree that such Content will be available to TMHA or any TMHA related bodies corporate 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 TMHA 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 TMHA 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 TMHA 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 TMHA 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 TMHA is not liable to you or anyone else for any loss or damage (including direct, indirect, special or consequential loss) arising out of or in connection with the use of the TMHA website, the use by TMHA of information provided by you to TMHA through the TMHA website or any such loss or damage which may arise should you be unable to access the Website, for whatever reason and however arising, including negligence.
To the extent that TMHA is able to limit the remedies available under these conditions of use, TMHA 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 TMHA 's sole discretion):
- 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:
- supply of the services again; or
- the payment of the cost of having the services supplied again.
- You indemnify TMHA 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.
TMHA is not liable for content or functions on the TMHA website provided by Toyota Finance Australia Limited. Toyota Finance Australia Limited is not liable for content or functions on the TMHA website provided by TMHA.
Links
You must not establish links on any other website to the TMHA website or any other part or parts of the TMHA website without the prior written consent of TMHA. If you would like us to link to your website, please contact our Marketing Department.
Breach and termination
If you breach any provision of these terms of use TMHA may immediately issue a warning, temporarily suspend or permanently prevent your access to all or certain parts of the TMHA website. In any event, TMHA may terminate these terms of use (and your right to use the TMHA website) at any time and for any reason without prior notice to you.
Choice of Law and Use of TMHA 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. TMHA has designed the TMHA 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 TMHA website outside the Commonwealth of Australia. The TMHA 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 TMHA by these terms of use.
Defined Terms
Business Partner: means any affiliate or business partner of TMHA.
Customer: means existing or potential customers of TMHA or persons accessing or otherwise using the TMHA website for domestic or commercial purposes, other than Business Partners.
TMHA: means Toyota Material Handling Australia Pty Limited ACN 104 644 635 and its related companies.
TMHA website: means the website accessible through the following address www.toyotamaterialhandling.com.au operated by TMHA.
Toyota Financial Services: means Toyota Finance Australia Limited ACN 002 435 181
You: means Business Partners or Customers of TMHA as the case may be.
