Terms & Conditions

General

The Hino website is a service provided by Hino Motor Sales Australia Pty Ltd (ABN 74 064 989 724) ("HMSA") for the following purposes:

  • informing its customers,
  • enabling customers to provide information to HMSA, and
  • providing information and commercial services to Business Partners.

Hino Financial Services information contained on this website is provided by Toyota Finance Australia Limited trading as Hino Financial Services.

By accessing or otherwise using this website you agree to be bound by these conditions of use and you acknowledge that HMSA provides this website to you on these conditions of use. HMSA 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 this website at any time without notice. Your continued use of the 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

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

  • View and download information directly accessible through the website.
  • Use information directly accessible through the website.

You agree that, subject to your use of the website in accordance with the limited licence granted to you, you will not infringe HMSA’s intellectual property in the website and will not modify, copy, republish, frame, distribute or communicate any part of the website or any information contained therein or otherwise use them in a way which will infringe HMSA’s intellectual property or other property rights.

Disclaimer

Except as provided by law, this website is provided “as is” and without any warranty or condition, express or implied. HMSA does not warrant that the information contained in or accessible through the website is accurate, suitable for your purposes or without errors, omissions or viruses nor does HMSA guarantee continuous, uninterrupted or secure access to the website. You acknowledge that access and use of this website (including the software operating in connection with the website) may be interfered with by numerous factors outside of HMSA’s control. HMSA does not warrant the accuracy of any advice, opinion, statement, representation or other information displayed on or accessible through the website. Subject to the provisions of the Trade Practices Act 1974, HMSA makes no representations or warranties in respect of the information and materials available on this website or the means of accessing that information and material (including the software operating in connection with the website). HMSA makes no warranty or representation and accepts no responsibility for any websites operated or controlled by entities other than HMSA which are or may become linked or framed to or from the website. Hino Financial Services information contained on this website is provided by Toyota Finance Australia Limited.

Use of Information

If you upload or otherwise provide any information or content (‘Content’) in the course of accessing or using the website, you agree that such Content will be available to HMSA 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 Toyota 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 Toyota 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 Toyota 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 HMSA 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 HMSA is not liable to you or anyone else for any loss or damages (including direct, indirect, special or consequential loss) arising out of or in connection with the use of this website, the use by HMSA of information provided by you to HMSA through the 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 HMSA is able to limit the remedies available under these conditions of use, HMSA 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 HMSA’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 HMSA 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: the payment of the cost of having the services supplied again.

  • 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.

HMSA is not liable for content or functions on this website provided by Toyota Finance Australia Limited trading as Hino Financial Services. Toyota Finance Australia Limited is not liable for content or functions on this website provided by HMSA.

Links

You must not establish links on any other website to this website or any other part or parts of this website without the prior written consent of HMSA.

Breach and termination

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

No agency

No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created between you and Toyota by these terms of use.

Copyright Notice

© 2017 Hino Motor Sales Australia Pty Ltd (ABN 74 064 989 724).

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