Toyota Used Forklifts│Conditions of Use

Website Terms and Conditions of Use

General

The TMHA website is a service provided by TMHA 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 (Terms) and you acknowledge that TMHA provides the TMHA website to you on these Terms. TMHA is entitled at its sole discretion to change, modify, amend, add or remove any part of these Terms and to change, amend or delete any features of the TMHA website at any time without notice. Any changes to the Terms take immediate effect from the date of their publication. Your continued use of the TMHA website after this time constitutes an agreement by you to abide by and be bound by these Terms, as so amended.

Intellectual Property Protection

TMHA owns or licenses all intellectual property in the TMHA website, unless indicated otherwise. The website, the content and all of the related products of TMHA are subject to copyright. The material on this website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the content and compilation of the website (including but not limited to text, graphics, logos, button icons, video images, audio clips, website, code, scripts, design elements and interactive features) or the content are owned or controlled for these purposes, and are reserved by TMHA or its contributors.

All trademarks, service marks and trade names are owned, registered and/or licenced by TMHA. Subject to these Terms, TMHA grants to you a worldwide, royalty free, revocable, 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; and
Print pages from the website for your own personal and non-commercial use.

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.

TMHA does not grant you any other rights whatsoever in relation to the TMHA website or the content. All other rights are expressly reserved by TMHA.

You may not, without the prior written permission of TMHA and the permission of any other relevant rights owners: broadcast, republish, upload to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the content or third party content for any purpose, unless otherwise provided by these terms. This prohibition does not extend to materials on the website which are freely available for re-use or are in the public domain.

Disclaimer

Use of the website and the content is at your own risk. 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, suitability or currency of any advice, opinion, statement, representation or other information displayed on or accessible through the TMHA website. Nothing in the terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded. Subject to the provisions of the Australian Consumer Law, 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.

Privacy

TMHA takes your privacy seriously and any information provided through your use of the website and/or content are subject to TMHA’s privacy policy, which is available on the TMHA website.

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 Terms, 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 of these Terms; 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 or any applicable law or if your conduct impacts TMHA’s name or reputation or violates the rights of those of another party, TMHA may in its sole discretion 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 (and your right to use the TMHA website) at any time without prior notice to you if:

You have reached any provision of the Terms or intend to breach any provision;
TMHA is required to do so by law;
TMHA is transitioning to no longer providing the services to members in the country in which you are resident or from which you use the service; or
The provision of the services to you by TMHA, is in the opinion of TMHA, no longer commercially viable.

When the Terms come to an end, all of the legal rights, obligations and liabilities that you and TMHA have benefitted from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.

Choice of law and Use of TMHA website

These Terms, 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.

Dispute resolution

If a dispute arises out of or relates to these terms, either party may not commence any tribunal or court proceedings without first attempting to resolve the dispute in good faith.

Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

If any part of these Terms is found to be void or unenforceable by a court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.

No agency

No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created between you and TMHA by these Terms.

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.

Use of Information

Limitation of Liability

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