Website Terms of Use

1. Acceptance of Terms

When you use or access this website, you agree to be bound by these Terms of use, as amended from time to time with or without notice to you. In addition, if you are using a particular service on this website or accessed via this website, you will be subject to any rules or guidelines applicable to those services, and they will be incorporated by reference within these Terms of use. Please read and understand the site's privacy policy, which is incorporated within these Terms of use and available on the website.

2. Grant of Licence

The site owner grants you a non-exclusive, non-transferable licence to use the website and the associated materials.

3. Your Responsibilities and Registration Obligations

In order to use this website or certain parts of it, you may be required to register your details on this website; in this case, you agree to provide truthful information when requested.

4. Rights of the Site Owner and its Representatives

This website and the services provided to you on and via this website are provided on an "AS IS" basis. You agree that the site owner reserves the right to modify or discontinue provision of this website and its services, and to remove the data you provide, either temporarily or permanently, at any time, without notice and without any liability towards you, the site owner will not be held responsible or liable for timeliness, removal of information, failure to store information, inaccuracy of information, or improper delivery of information.

5. Limitations on the Use of the Website and Associated Materials

You agree and acknowledge that you will:

  1. not rent, lease, lend, sublicense, time-share, distribute, sell or assign this License, your access to the Website or the Associated Materials;
  2. not modify, adapt, translate, reverse engineer, decompile, disassemble, or create derivative works based on the Website or the Associated Materials or otherwise attempt to discover the source code of the Website;
  3. not do any act which infringes the copyright of the Website or the Associated Materials;
  4. not conduct any promotional or marketing activity outside the terms of this License;
  5. obtain no rights of ownership in any trademarks related to the Website or the Associated Materials.

6. Personal Information Submitted via this Website

If you submit personal information via this website, your personal information will be handled in accordance with the Dealer Privacy Policy available at https://devonportburnietoyota.com.au/privacy and the privacy policies of the other OneToyota organisations that deal with you (if any) available at toyota.com.au/privacy. This includes using your information to send you marketing and information as outlined in the privacy policies.

7. Your Conduct

You agree that all information or data of any kind, whether text, software, code, music or sound, photographs or graphics, video or other materials ("content"), made available publicly or privately, will be under the sole responsibility of the person providing the said content. The site owner will not be responsible to you in any way for content displayed on this website, nor for any error or omission.

By using this website or any service provided, you explicitly agree that:

  1. you will not provide any content or conduct yourself in any way that may be construed as: unlawful; illegal; threatening; harmful; abusive; harassing; stalking; tortious; defamatory; libellous; vulgar; obscene; offensive; objectionable; pornographic; designed to interfere with or disrupt the operation of this website or any service provided; infected with a virus or other destructive or deleterious programming routine; giving rise to civil or criminal liability; or in violation of an applicable local, national or international law;
  2. you will not impersonate or misrepresent your association with any person or entity; you will not forge or otherwise seek to conceal or misrepresent the origin of any content provided by you;
  3. you will not collect or harvest any information from this website;
  4. you will not provide, and you will not use this website to provide, any content or service in any commercial manner, or in any manner that would involve junk mail, spam, chain letters, pyramid schemes, or any other form of unauthorized advertising or commerce; you will not use this website to promote or operate any service or content without the site owner's prior written consent;
  5. you will not provide any content that may give rise to the site owner being held civilly or criminally liable, or that may be considered a violation of any local, national or international law, including -- but not limited to -- laws relating to copyrights, trademarks, patents, or trade secrets.

8. Submission of Content on this website

By providing any content to this website:

  1. you agree to grant the site owner a worldwide, royalty-free, perpetual, non-exclusive right and license (including any moral rights or other necessary rights.) to use, display, reproduce, modify, adapt, publish, distribute, perform, promote, archive, translate, and to create derivative works and compilations, in whole or in part. Such license will apply with respect to any form, media, technology already known at the time of provision or developed subsequently;
  2. you warrant and represent that you have all legal, moral, and other rights that may be necessary to grant the site owner the license specified in this section;
  3. you acknowledge and agree that the site owner will have the right (but not obligation), at the site owner's entire discretion, to refuse to publish, or to remove, or to block access to any content you provide, at any time and for any reason, with or without notice.

9. Intellectual Property

You agree and acknowledge that:

  1. all intellectual property rights in the Website and Associated Materials remain the property of the site owner and are protected by Australian Copyright Law and International Treaty provi-sions;
  2. your access to the Website and Associated Materials and the granting of this License does not pass to you or to any third party any intellectual property rights or other ownership rights in the Website or Associated Materials.

10. Third-party Services and Products

Third party goods or services may be advertised and/or may be made available on or through this website. Representations made regarding products and services provided by third parties will be governed by the policies and representations made by these third parties. The site owner will not in any manner be liable for or responsible for any of your dealings or interaction with third parties.

11. Indemnification

You agree to indemnify and hold harmless the site owner and the site owner's representatives, subsidiaries, affiliates, related parties, officers, directors, employees, agents, independent contractors, advertisers, partners, and co-branders, from any claim or demand, including reasonable legal fees, that may be filed by any third party, arising out of your conduct or connection with this website or service, your provision of content, your violation of these Terms of use, or any other violation by you of the rights of another person or party.

12. Consequential Damages

The site owner, our agents or suppliers will not be liable to you for any indirect or consequential damages including loss of profits, revenue, data or use arising out of your use of the Website and Associated Materials or our provision of any services relating to the such, even if they knew or should have known of the possibility of such loss or damage and whether damages are claimed in contract, tort (including negligence) or statute.

13. Limitation of Liability

You agree that the Website and Associated Materials are provided as is and that the site owner, its agents and suppliers:

  1. do not warrant or guarantee in any way or manner the performance or results that you may obtain by using the Website and Associated Materials; and
  2. make no warranty of any kind, express or implied, including without limitation, any warranties of merchantability and/or fitness for a particular purpose in regard to the Website and Associated Materials;
  3. make no warranty of any kind, express or implied, including without limitation, in regard to any malfunction, interruption or unavailability of the website, its servers, software or any material provided by the site owner or our agents;
  4. do not warrant or guarantee in any way or manner the integrity of the data that you load onto our servers;

other than as specifically stated in this License or as prescribed by any applicable law which can not be excluded.

14. Reservation of Rights

The site owner reserves all of the site owner's rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets, and any other proprietary right that the site owner may have in respect of this website, its content, and goods and services that may be provided. The use of the site owner's rights. and property requires the site owner's prior written consent. By making services available to you, the site owner is not providing you with any implied or express licenses or rights, and you will have no rights to make any commercial use of this website or provided services without the site owner's prior written consent.

15. Notification of Copyright Infringement

If you believe that your property has been used in any way that could be considered a copyright infringement or a violation of your intellectual property rights, the site owner's copyright agent may be contacted via our physical address.

16. Governing Law

You agree that these Terms of use and any dispute arising out of your use of this website or products or services provided will be governed by and construed in accordance with local laws applicable at the site owner's domicile, notwithstanding any differences between the said applicable legislation and legislation in force at your location. By using this website and the services it provides, you accept that jurisdiction is granted to the courts having jurisdiction over the site owner's domicile, and that any disputes will be heard by the said courts.

17. Other Information

  1. In the event that any provision of these Terms of use is deemed to conflict with legislation by a court with jurisdiction over the parties, the said provision will be interpreted to reflect the original intentions of the parties in accordance with applicable law, and the remainder of these Terms of use will remain valid and applicable;
  2. The failure of either party to assert any right under these Terms of use will not be considered to be a waiver of that party's right, and the said right will remain in full force and effect;
  3. You agree that any claim or cause in respect of this website or its services must be filed within one (1) year after such claim or cause arose, or the said claim or cause will be forever barred, without regard to any contrary legislation;
  4. The site owner may assign the site owner's rights and obligations under these Terms of use; in this event, the site owner will be relieved of any further obligation.