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:
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.
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.
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.
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.
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:
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.
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:
In the case of services:
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:
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.
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, partnership, joint venture, employment or franchise relationship is intended or created between you and TFM by these conditions of use.
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.
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