IMPORTANT: PLEASE READ THESE TERMS OF USAGE (“TERMS”) BEFORE REGISTERING AND USING “TOYOTA i- CONNECT” MOBILE APPLICATION SERVICES.
ALL RIGHTS INCLUDING TRADEMARKS AND COPYRIGHTS OF “TOYOTA i- CONNECT” (DEFINED HEREINAFTER) MOBILE APPLICATION SERVICES ARE OWNED BY TOYOTA KIRLOSKAR MOTOR PVT. LTD. (HEREINAFTER REFERRED TO AS “TKM OR COMPANY”) AND
TOYOTA i- CONNECT HEREBY SETS OUT THESE TERMS AND CONDITIONS FOR ITS USE BY ALL ITS USERS (HEREINAFTER REFERRED TO AS “USER OR YOU’).
THESE RULES OF USAGE SHALL APPLY TO ALL MATTERS CONCERNING THE USE OF THE TOYOTA i-CONNECT MOBILE APPLICATION AND SERVICES (“TOYOTA i-CONNECT” OR “APP”) PROVIDED BY THE COMPANY. YOU CAN REGISTER FOR TOYOTA i- CONNECT ON YOUR MOBILE DEVICE. BY REGISTERING FOR TOYOTA i-CONNECT, YOU WILL BE DEEMED TO HAVE READ, UNDERSTOOD AND ACCEPTED THESE TERMS AND CONDITIONS IN THE SAME WAY AS IF YOU HAVE SIGNED A PRINTED VERSION AND YOU SHALL BE BOUND BY THEM TILL TERMINATION OF YOUR REGISTRATION WITH TOYOTA i-CONNECT.
IF YOU DO NOT AGREE WITH ANY OF THE TERMS SET OUT HEREIN, DO NOT INSTALL AND/OR USE THE APP OR ANY OF THE SERVICES PROVIDED BY TOYOTA i-CONNECT OR TKM. IF YOU HAVE ALREADY INSTALLED THE APP, AND YOU DO NOT AGREE WITH THE TERMS SET OUT HEREIN, PLEASE UNINSTALL THE SAME FROM YOUR MOBILE DEVICE.
Toyota i- Connect is only for individuals who own Toyota brand vehicles, which were originally purchased through authorized dealers of TKM and who have registered on Toyota i- Connect ("User”).
The Company may vary these Terms at any time without requiring the User's consent for any reason including but not limited to security, legal or regulatory reasons, or to reflect updates or changes to the services or functionality of Toyota i-Connect, by publishing the varied Terms on the home screen of Toyota i-Connect.
The User accepts that by following the procedure set out herein above, the Company will have provided the User with sufficient notice of the variation to these Terms. The Company is under no obligation to specifically contact or notify the User of any variation to these Terms. By using Toyota i- Connect after any variation to these Terms, the User shall be deemed to have accepted the revised/ modifies Terms. The Company shall grant the User the right to use Toyota i- Connect, subject to these Terms, for smartphones and other electronic devices, which are managed and operated by the User (each referred to as an "Information Communication Terminal”).
The User may only use Toyota i- Connect on Information Communication Terminals and operating systems that are authorized/recognized by the Company as being eligible to receive the service.
The content of the Toyota i- Connect service being made available to the User under these Terms shall be set out in a separate document or within Toyota i- Connect. The Company may change any or all aspects of Toyota i-Connect, including but not limited to the display, content and user interface of Toyota i-Connect, at any time and without any prior notification to the User.
Certain individual services may be purchased through Toyota i-Connect (each referred to as the "Individual Service"). Individual Services may be provided by the Company or a third party provider (referred to as an "Individual Service Provider"). The User shall consent to these Terms and any other rules and guidelines applicable to the Individual Service including but not limited to general terms and conditions, which are made available either by the Company or any other Individual Service Provider.
In the event of an inconsistency or conflict between the application of these Terms and any other rules or guidelines (“Guidelines”) applicable to any or all Individual Services, the Guidelines shall prevail but only to the extent of any inconsistency. In all other cases, these Terms shall prevail over any other Guidelines applicable to any or all Individual Services.
The App may transmit information via push notification as one of the Individual Services set out in Article 2(vi). By accepting these Terms, the User is deemed to have consented to receiving notifications from the Company or its authorized service provider/s. The Inbox service enables the User to be kept up-to-date on any topics pertaining to Toyota i-Connect or its services.
Toyota i-Connect is available in all the States and Union Territories of India (“Serviced States”). The Company may increase or decrease the number of Serviced States, or vary the scope of the services offered through Toyota i-Connect in any of the Serviced States, at any time and without prior notice to the User.
The User is solely responsible for all costs, including but not limited to, telecommunications costs, network provider costs and Information Communication Terminal costs that he or she incurs in connection with the installation and use of Toyota i-Connect and its services.
The Company does not warrant, represent or undertake that:
Toyota i-Connect will meet the User's needs, or that it will be uninterrupted, timely, secure, error-free or free from viruses; or
the information obtained from or available through Toyota i-Connect will be accurate or reliable, or that the quality of any information obtained by the User through or as a result of the User's use of Toyota i-Connect will meet a User’s expectations.
All implied warranties, except those that cannot be lawfully excluded, are excluded.
By clicking the 'AGREE' button below, the User agrees to be bound by these Terms. In order to install access and use Toyota i-Connect, the User must satisfy the minimum age requirement of 18 years as on the date of registration on Toyota i-Connect and have full legal capacity to contract under the laws of India.
The User shall not use Toyota i-Connect in any manner that would, or could reasonably be expected to, damage or overburden any of the Company's servers, or any network connected to any of the Company's servers. The User must not use Toyota i-Connect in any manner that would, or could reasonably be expected to, interfere with any other party’s use of Toyota i-Connect or which is, or which is likely to be, in contravention of any applicable laws or any party's rights or legal entitlements under any applicable laws.
The Company may suspend or terminate the use of Toyota i-Connect by the User at any time without prior notice to the User and for any reason, including if the Company determines, in its sole discretion, that any of the following events have occurred, or are likely to occur:
The User shall not transfer or assign to a third party, any right or obligation relating to use of Toyota i- Connect or any services provided by it.
In order to make use of Toyota i-Connect, the User will need to register an account with the Company ("Online Account"). In order to register an Online Account, the User must:
By registering an Online Account with the Company, the User warrants, represents and undertakes that:
The User is responsible for all activities that occur in connection with his or her Login Information. Accordingly, the User must take steps to protect the confidentiality of his or her Login Information.
The User must not disclose his or her Login Information to any third party. The User must notify the Company immediately if he or she becomes aware of any disclosure, loss, theft or unauthorized use of his or her Login Information. The User shall be solely responsible for maintaining confidentiality of their Online Account and their Login Information as well as for all activities on their Online Account.
It is the duty of the User to notify the Company immediately in writing of any unauthorized use of their Login Information or Online Account or any other breach of security. The Company shall not be liable for any loss that may be incurred by the User as a result of unauthorized use of the User’s Online Account, either with or without the User's knowledge including but not limited to all orders, service requests/appointments or instructions and data transmissions, relying on which the Company, its affiliates or authorized dealers/service provides executes or performs any action.
The User shall be solely responsible for all loss, harm and damage arising as a result of the use of his or her Login Information.
The User shall not use the Login Information of any third party at any time and shall be solely liable and responsible for any loss, harm, damage, cost and action arising from a breach of this Article.
The Company shall not be responsible for any loss, harm, damage or inconvenience that the User suffers as a result of his or her failure to comply with this Article.
The User is solely responsible for procuring the Information Communication Terminal/Internet through which he or she accesses Toyota i-Connect and any accompanying equipment or software at his or her sole cost and expense. The User hereby agrees and understands that he / she uses Toyota i-Connect entirely at his or her sole discretion and own risk.
Certain services and functions of Toyota i-Connect (including the Individual Service) will only work if the current positioning information (Global Positioning System) on the Information Communication Terminal is activated and set to “ON”. It is the User's sole responsibility to activate this setting on his or her Information Communication Terminal. The Company shall not bear any responsibility or liability for any damage, loss, harm or inconvenience incurred by the User for his or her failure to comply with this Article.
The Company may change or abolish a specific Individual Service of Toyota i-Connect at any time without prior notification and without incurring any liability to the User.
The Company may cancel and thereby terminate the provision of an Individual Service at any time without prior notification and without incurring any liability to the User.
The Company may temporarily suspend the provision of Toyota i-Connect without liability or notification to the User and at any time in any of the following circumstances:
If the use of Toyota i-Connect by the User causes damage, harm, loss or inconvenience to a third party, the User shall be solely responsible for settling the matter with the third party at his or her sole cost and expense and without causing any inconvenience or liability to the Company. If the use of and/or acts or omissions in relation to Toyota i-Connect by the User violates these Terms or causes damage, harm, loss, liability or inconvenience to the Company, the Company may demand damages in the form of compensation from the User.
To the maximum extent permissible under applicable laws, the Company shall not be responsible for any damage, harm, loss or inconvenience suffered by the User as a result of his or her use of Toyota i-Connect.
The Company shall not bear any obligation or responsibility for services and information provided by the provider of the Individual Services other than the Company.
If any dispute arises between the User and an Individual Service Provider, the dispute shall be settled between the User and that Individual Service Provider and the User shall not submit any demand, action, claim or complaint to or against the Company. The Company bears no responsibility for any act, omission or representation of an Individual Service Provider and does not offer any warranties or make any representations, in relation Individual Services provided to the User by an Individual Service Provider.
The User agrees to indemnify, defend and hold harmless, the Company, its affiliates and their respective officers, directors, lawful successors, assigns and any third party from and against any loss, cost, damage, or expense howsoever caused, or suffered by the Company including legal fees and disbursements in connection therewith and interest chargeable thereon asserted against or incurred by such indemnified persons, that arise out of, or may be payable by virtue of, any breach of any representation or warranty provided by the User, or non-performance of any covenant by the User, or arising out of the use of Toyota i-Connect by the User, whether direct, indirect or consequential, arising out of or referable to Toyota i-Connect or to the installation, access and use of Toyota i-Connect by the User, however caused, whether in contract, tort (including negligence), statute or otherwise..
Subject to any responsibilities implied by law and which cannot be excluded, neither the Company nor any of its directors, employees, agents or contractors, are liable to the User for any losses, damages, liabilities, claims and expenses (including without limitation but not limited to legal costs and defense or settlement costs) whatsoever, whether direct, indirect or consequential, arising out of or referable to Toyota i-Connect or to the installation, access and use of Toyota i-Connect by the User, however caused, whether in contract, tort (including negligence), statute or otherwise.
The entire and overall liability of the Company whether in tort or otherwise shall in no event exceed the amount of fees paid to it by the User for the services rendered by the Company, that caused such liability on the Company.
The Company shall not be liable to the User or anyone else for any loss resulting from a cause/event/act over which the Company does not have control. This includes failure of electronic or mechanical equipment or communications lines (including telephone, cable and Internet), unauthorized access, acts or omissions of third parties, viruses, theft, operator errors, severe or extraordinary weather (including flood, earthquake, tsunami or other act of God), fire, pandemic, epidemic, disasters (man-made or natural), war, insurrection, terrorist act, riot, labour dispute or other labour problems, accident, emergency, delay, overbooking, cancellation, or action of government.
All rights including without limitation the intellectual property rights, in all content available through Toyota i-Connect are owned solely by the Company and/ or by its licensors.
The User shall not reproduce, alter, modify, adapt, reverse engineer, sell, publish or use by any other means any information obtained through Toyota i-Connect for any purpose other than the personal use of the User without obtaining the prior written consent of the Company.
The User shall not allow a third party to reproduce, alter, modify, adapt, reverse engineer, sell, publish or use by any other means any information obtained through Toyota i-Connect or make such information available to the public or to third parties without obtaining the prior written consent of the Company.
Except where necessary for and incidental to personally installing, using and accessing Toyota i-Connect through the User's Information Communication Terminal, or as permitted by these Terms or under applicable laws, no part of Toyota i-Connect may be reproduced, stored (for any period of time) in an electronic or any other retrieval system, modified, adapted, uploaded to a third party location, framed, performed in public, or transmitted, in any form by any process whatsoever, without the Company's specific prior written consent.
The User shall not use Toyota i-Connect for commercial activities or commercial purposes or in any manner or for any purpose that is violative of these Terms or any other policies published by the Company from time to time.
The User shall not use Toyota i-Connect in any way that is contrary to the laws of India, statutes, codes, ordinances, decrees, rules, regulations, municipal by-laws, judgments, orders, decisions, rulings or any government agency or department in India or that is otherwise contrary to public order and morality, including, without limitation, applicable export and import control laws and regulations, and User shall not allow any other party to use the service or the Toyota i-Connect application for or in connection with any illegal purpose or activity.
The Toyota i-Connect application is not intended for distribution or use by any person in any jurisdiction or country where such use and/or distribution would be contrary to local laws, rules of the service and the Toyota i-Connect application will at all times be in compliance with all applicable laws, rules and regulations, including, without limitation, applicable export and import control laws and regulations.
The User shall not license, sublicense, sell, disseminate, broadcast, transmit, or otherwise distribute the Toyota i-Connect application or the service in any form or by any means, or otherwise transfer, assign, manipulate, or grant any rights of use or any other rights in respect of the Toyota i-Connect application or the service, or any part thereof, or the information contained therein, to any other party.
The User Shall not copy the Toyota i-Connect application or the information accessible through the service onto any public or publicly accessible network, or make any additional copies of or reproduce in any way the whole or any part of Toyota i-Connect application or the services whatsoever.
The User shall not remove or tamper with any proprietary notices, marks, content or labels, including but not limited to copyright notices or data source attributions, attached to or contained within Toyota i-Connect application or the service provided by it.
The User shall not use Toyota i-Connect application or the service in any way that may lead to encouragement, procurement or carrying out of any unlawful or criminal activity or which may cause any harm or injury to any person.
The User shall not cause damage to any of the websites, servers, systems or equipment used in the provision of the service by the Company, and authorized dealers of the Company or any other third party engaged by the Company, and shall not access or attempt to access any user data or to penetrate any of the security measures relating to the service.
The User acknowledges that he or she will be solely responsible for any use of the e-mail functionality (such as sending and receiving e-mails) that is made available through Toyota i-Connect or an Individual Service.
All usage fees for Individual Services, if any, may be paid using the payment gateways within Toyota i-Connect made available by the Company for this purpose.
If the User wishes to cancel his or her use of Toyota i- Connect, he or she shall notify the Company by clicking the 'Delete Account' button in the ‘User profile'. The cancellation shall
then become immediately effective.
If the User cancels his or her use of Toyota i- Connect, the Company shall not refund any amounts paid to the Company by the User for any service and amount shall not be transferred to any other individuals or users.
Any outstanding payments due to the Company by the User shall become payable immediately on the termination or cancellation of the User's use of Toyota i- Connect.
User shall be responsible for compliance with all applicable laws. These Terms are governed by the laws of India and the courts at Ramanagara District shall have exclusive jurisdiction over any matters or disputes concerning or arising out of these Terms. .
The Company may perform any of its obligations, and exercise any of the rights granted to it under these Terms, through a third party. The Company may assign any or all of its rights and obligations under these Terms to any third party.
If any clause or part of any clause of these Terms is found to be void, unenforceable or invalid, then it will be severed from these Terms and all other Terms remaining in full force and effect, provided that the Company at its sole discretion determines that such severance of the Terms has not altered its basic nature.
The User may not rely on the Company's words or conduct as a waiver of any right unless the waiver is in writing. In this Article, “conduct” includes delay in the exercise of any right. For the purposes of this clause, “right” means any of the Company's rights arising under or in connection with these Terms or otherwise, and includes the right to rely on this clause.
Company reserves the right to update these Terms as and when need arises, without prior notification to its Users and the same will be made available on Toyota i-Connect application. Company urges the Users to visit the Toyota i-Connect application or the Company websites periodically to make sure the User is aware of any changes to the Company’s policies and practices. User’s continued use of the Toyota i-Connect application following the posting of changes to these Terms shall be deemed the User’s acceptance of those changes. Company shall not be liable for any damages that User may suffer as a result of any changes to these Terms.