Toyota Fleet Management Terms Of Use

TFM Website

Toyota Fleet Management (TFM) is a division of Toyota Finance Australia Limited ABN 48 002 435 181.

The TFM Website is a service provided by TFM to:

1. inform our Customers,
2. enable our Customers to provide Information to TFM, and
3. provide Information and commercial services to our Business Partners.

By accessing or otherwise using the TFM Website you agree to be bound by these conditions of use and you acknowledge that TFM provides the TFM Website to you on these conditions of use. TFM is entitled at its sole discretion to change, modify, amend, add or remove any part of these conditions of use or any features of the TFM Website at any time without notice. Your continued use of the TFM Website after this time constitutes an agreement by you to abide by and be bound by these conditions of use, as so varied.

Intellectual property protection

TFM owns all intellectual property in the TFM Website, unless indicated otherwise. Subject to these conditions of use, TFM grants to you a non-exclusive and non transferable limited licence to do the following.

• View and download Information directly accessible through the TFM Website.
• Use Information directly accessible through the TFM Website.

You agree that, subject to your use of the TFM Website in accordance with the limited licence granted to you, you will not infringe TFM's intellectual property in the TFM Website and will not modify, copy, republish, frame, distribute or communicate any part of the TFM Website or any Information contained in it or otherwise use the TFM Website in a way which will infringe TFM's intellectual property or other property rights.

Disclaimer

Except as provided by law, the TFM Website is provided in its present appearance and form and with its present Information and without any warranty or condition, express or implied. TFM does not warrant that the Information contained in or accessible through the TFM Website is accurate, suitable for your purposes or without error, omission or virus nor does TFM guarantee continuous, uninterrupted or secure access to the TFM Website. TFM also does not warrant the accuracy of any Information displayed on or accessible through the TFM Website. You acknowledge that your access and use of the TFM Website may be interfered with by numerous factors outside TFM's control.

Subject to the provisions of the Australian Securities and Investments Commission Act 2001 and the Competition and Consumer Act 2010, TFM makes no representation or warranty about the Information available on the TFM Website or the means of accessing that Information. TFM also makes no representation or warranty and accepts no responsibility for any website operated or controlled by any entity other than TFM which is or may become linked or framed to or from the TFM Website.

Use of Information

If you upload or otherwise provide any Information in the course of accessing or using the TFM Website, you agree that such Information will be available to TFM 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 Information which:

• is defamatory, fraudulent, unlawful, threatening, intimidating, harassing, harmful, hateful, abusive, tortious, vulgar, obscene, invasive of another's privacy, sexist, racist, homophobic, violent or 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 or advertises or promotes the sale of products or services such as firearms, tobacco, alcohol, adult products or services or any other product or service TFM 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 TFM Website or any other computer software, hardware or other electronic equipment or Information which in any way impinges on another user's use or enjoyment of the TFM Website or otherwise breaches or encourages other users to breach these conditions of use; or
• violates any law, statute or regulation; or
• forges Information to disguise the origin of any Information; or
• encourages or incites any other Customer or Business Partner to engage in any of the above behaviour.

You agree to grant TFM a non-exclusive, worldwide, perpetual, irrevocable, royalty-free and sub-licensable right to exercise the copyright you have in any Information, in all media now known or not currently known. You also waive in our favour any moral or similar rights you may now or in the future have in that Information.

Limitation of liability

You agree that TFM 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 TFM Website, the use by TFM of Information provided by you to TFM through the TFM Website or any such loss or damage which may arise should you be unable to access the TFM Website, for whatever reason and however arising, including negligence.

To the extent permitted by law , TFM expressly limits its liability for breach of a condition, guarantee or warranty implied by virtue of any legislation to the following remedies (the choice of which is to be at TFM'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 cost of replacing the goods or of acquiring equivalent goods; or
• the payment of the cost of having the goods repaired; and

In the case of services:

• the supplying of the services again; or
• the payment of the cost of having the services supplied again.

You indemnify TFM 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.

Breach and termination

If you breach any provision of these conditions of use TFM may immediately issue a warning, temporarily suspend or permanently prevent your access to all or certain parts of the TFM Website or any linked Toyota website. In any event, TFM may terminate these conditions of use (and your right to use the TFM Website) at any time and for any reason without prior notice to you.

Choice of law and use of TFM Website

These conditions of use, and the agreement of which they form part are each governed by the laws of New South Wales, Australia. TFM has designed the TFM Website for use only within Australia and makes no warranty or representation about use by a person accessing, downloading or otherwise using the TFM Website outside Australia. The TFM Website is available only to persons in Australia who can form legally binding contracts under applicable Australian law.

No agency

No agency, partnership, joint venture, employment or franchise relationship is intended or created between you and TFM by these conditions of use.

Defined terms

In these conditions of use:

Business Partner: means any licensed motor dealer to whom TFM grants access to the Business Partner section of the TFM Website. It includes any officer, agent, or employee of the licensed motor dealer.

Customer: means an existing or potential customer of TFM or a person accessing or otherwise using the TFM Website for domestic or commercial purposes. A Customer does not include a Business Partner.

Information: means any information or content. It includes any advice, opinion, statement or representation. It also includes any software operating in connection with the TFM Website.

TFM: means Toyota Fleet Management, a division of Toyota Finance Australia Limited ABN 48 002 435 181.

TFM Website: means the website operated by TFM and accessible through the following address www.toyotafleetmanagement.com.au It includes any software operating in connection with that websit

You: means a Business Partner or Customer of TFM.