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The Northpoint Toyota Website is a service provided by Ducala Pty Ltd (ACN 008 031 874) trading as Northpoint Toyota for the following purposes:
a) informing its Customers,
b) enabling Customers to provide information to Northpoint Toyota, and
c) providing information and commercial services to Business Partners.
Northpoint Toyota information contained on this website is provided by Northpoint Toyota.
By accessing or otherwise using the Northpoint Toyotat Website you agree to be bound by these conditions of use and you acknowledge that Northpoint Toyota provides the Northpoint Toyotat Website to you on these conditions of use. Northpoint Toyotat 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 the Northpoint Toyota Website at any time without notice. Your continued use of the Northpoint Toyota Website after this time constitutes an agreement by you to abide by and be bound by these conditions of use, as so amended.
Northpoint Toyota and Toyota Motor Corporation Australia Limited owns all intellectual property in the Northpoint Toyota Website including IVMS, unless indicated otherwise. Subject to these conditions of use, Northpoint Toyotat grants to you a non-exclusive and non transferable limited licence to do the following:
You agree that, subject to your use of the Northpoint Toyota Website in accordance with the limited licence granted to you, you will not infringe Northpoint Toyota's or Toyota Motor Corporation Australia Limited's intellectual property in the Northpoint Toyota Website and will not modify, copy, republish, frame, distribute or communicate any part of the Toyota Motor Corporation Australia Limited Website or any information contained therein or otherwise use them in a way which will infringe Toyota Motor Corporation Australia Limited or Toyota Motor Corporation Australia Limited's intellectual property or other property rights.
Except as provided by law, the Northpoint Toyota Website is provided "as is" and without any warranty or condition, express or implied. Northpoint Toyota does not warrant that the information contained in or accessible through the Northpoint Toyota Website is accurate, suitable for your purposes or without errors, omissions or viruses nor does Northpoint Toyota guarantee continuous, uninterrupted or secure access to the Northpoint Toyota Website.
You acknowledge that access and use of the Northpoint Toyota Website may be interfered with by numerous factors outside ofNorthpoint Toyota control. Northpoint Toyota does not warrant the accuracy of any advice, opinion, statement, representation or other information displayed on or accessible through the Northpoint Toyota Website. Subject to the provisions of the Competition and Consumer Act 2010, Northpoint Toyota makes no representations or warranties in respect of the information and materials available on the Northpoint Toyota Website or the means of accessing that information and material (including the software operating in connection with the Northpoint Toyota Website).
Northpoint Toyota makes no warranty or representation and accepts no responsibility for any websites operated or controlled by entities other than Northpoint Toyota which are or may become linked or framed to or from the Northpoint Toyota Website.
If you upload or otherwise provide any information or content ('Content') in the course of accessing or using the Northpoint Toyota Website, you agree that such Content will be available to Northpoint Toyota 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:
You agree to grant Northpoint Toyota 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.
You agree that Northpoint Toyota 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 the Northpoint Toyota Website, the use by Northpoint Toyota of information provided by you to Northpoint Toyota through the Northpoint Toyota Website or any such loss or damage which may arise should you be unable to access the Northpoint Toyota Website, for whatever reason and however arising, including negligence.
To the extent that Northpoint Toyota is able to limit the remedies available under these conditions of use, Northpoint Toyota 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 Northpoint Toyota's sole discretion):
You indemnify Northpoint Toyotaagainst 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:
Northpoint Toyota is not liable for content or functions on the Northpoint Toyota Website provided by Toyota Finance Australia Limited and Toyota Insurance (Aioi Nissay Dowa Insurance Company Australia Pty Ltd) . Toyota Finance Australia Limited and Toyota Insurance are not liable for content or functions on the Northpoint Toyota Website provided by Northpoint Toyota (Ducala Pty Ltd).
These conditions of use, and the agreement of which they form part, is to be governed by the laws of the State of State of South Australia, Australia. Northpoint Toyota has designed the Northpoint Toyota 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 Northpoint Toyota Website outside the Commonwealth of Australia. The Northpoint Toyota Website is available only to people in Australia who can form legally binding contracts under applicable law.
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