WEBSITE GENERAL TERMS AND CONDITIONS

1.1 These Terms and Conditions (the “Terms”) shall govern your use of this website managed by Toyota Motor Asia Pacific Pte Ltd. (“TMAP”) (“http://www.toyota-myanmar.com/”). Please note that these Terms apply only to this Website. Other websites relating to Toyota brand vehicles and/or other services will have separate terms and condition that apply to your use of those websites.
1.2 In these Terms, “you” and “your” refer to each Visitor and his or her agents (unless the context requires otherwise), and “we”, “us” and “our” refer collectively to TMAP.
1.3 We reserve the right to make changes at any time to the Website and the Terms, including our privacy policy and/or any terms applicable to the Website, without prior reference to you. Therefore, you should consult these Terms carefully and regularly to monitor for any changes.
1.4 By your continued use of the Website, you are also deemed to have accepted any changes to the Terms and privacy policy. DO NOT ACCESS OR USE ANY OF THIS WEBSITE, IF YOU DO NOT AGREE TO THESE TERMS IN THEIR ENTIRETY.

2 TERMS OF USE OF THE WEBSITE

2.1 TMAP grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Website for your own personal non-commercial uses as follows:
2.1.1 View pages from our Website in a web browser;
2.1.2 Download pages from our Website for caching in a web browser;
2.1.3 Print pages from our Website;
2.1.4 stream audio and video files from our Website (if any); and
2.1.5 use our Website services by means of a web browser (if any),
2.2 Without prior notice and at the sole discretion of TMAP, TMAP may discontinue or terminate your license to access and/or use the Website and/or your user account if you (if applicable) upon any violation or non-compliance to the Terms or for any other reason, including discontinuance of the Website. In the event of such discontinuance or termination, provisions on Indemnities, Disclaimers, Limitations and Miscellaneous items below shall survive.

3 INTELLECTUAL PROPERTY AND OWNERSHIP MATTERS

3.1 All content included on the Website, such as text, graphics, logos, icons and images, and the compilation thereof (collectively, “Content”) are, unless otherwise stated, the property of TMAP and/or its related companies and is protected by international copyright laws and other laws and regulations. Content may be in the form of text, data, music, sound, graphics, images, pictures, photographs, videos, software or other forms now known or later invented.
3.2 Toyota Motor Corporation and/or its related companies own all right, title, and interest, and/or have a valid right to use, without limitation, all trademarks, service marks, logos and trade names used on the Website (collectively, the “Trademarks”).
3.3 For avoidance of doubt, You are NOT allowed to use the Content and/or the Trademarks in any way without prior written consent and license, apart from what is specifically provided for herein.

4 RESTRICTIONS ON ACCESSING AND USING THE WEBSITE

4.1 Except as expressly permitted by these Terms, you must not edit or otherwise modify any Content on our Website and you must not download any Content or save any such Content to your computer.
4.2 You shall not use our Website in any way or take any action that causes, or may cause, damage to the Website or impairment of the performance, availability or accessibility of the Website.
4.3 You shall not use our Website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
4.4 You shall not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our Website without our express written consent;
4.5 You shall not access or otherwise interact with our Website using any robot, spider or other automated means, except for the purpose of search engine indexing.
4.6 You shall not use data collected from our Website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).
4.7 You may not access or attempt to access any data, information, system or servers on which the Website are hosted or modify or alter the Website in any way;
4.8 We reserve the right to restrict access to areas of the Website at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our Website.

5 USER ACCOUNT REGISTRATION (where applicable)

5.1 You may need an account to use some of the services on our Website. To be eligible for an account on our Website, you must be resident or situated in the Republic of the Myanmar.
5.2 You may register for an account with our Website by completing and submitting the account registration form on our Website, and clicking on the verification link in the email that the Website will send to you.
5.3 You may cancel your account on our Website at any time by using your account control panel on the Website.
5.4 If you register you may be asked to provide your personally identifiable information, such as your name, address, phone number or email address (“Personal Information”) to us so we can fulfill your request. It is completely voluntarily to register with our Website. Further, if you register on any of the Website, you may be asked to provide additional information, including your Vehicle Identification Number. Please see our privacy policy for more information on how we protect your Personal Information.
5.5 If you register for an account with our Website, you agree to provide true, accurate and complete information about yourself. If we have reasonable grounds (as determined by us in our sole discretion) to suspect that the Personal Information you provide for registration purposes is untrue, inaccurate or incomplete, we have the right to refuse, with or without notice, any and all current or future requests you make through the Website and/or to suspend or terminate your account.
5.6 If you register for an account with our Website, at our election, we may provide you with or you may choose a user ID and password. If you are given a password, you must keep your password confidential and must notify us in writing immediately if you become aware of any disclosure of your password.
5.7 You must not allow any other person to use your account to access the Website, unless you have that person’s express permission to do so. You are responsible for all use of your account and for ensuring that access to and use of your account comply fully with these Terms and may be held liable for any losses arising out of such a failure. You acknowledge and agree that any use of your account through your username, password and security information shall be deemed to be your actions which we may rely upon. You are solely responsible for protecting the confidentiality and security of your account.
5.8 You must not use any other person’s account to access the Website
5.9 We shall have no liability associated with or arising from your failure to maintain accurate Personal Information in connection with your account, including, but not limited to, your failure to receive critical information about TMAP and/or the Website.

6 USER CONTENT ON THE WEBSITE (where applicable)

6.1 In these Terms, “Your Content” means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our Website for storage or publication on, processing by, or transmission via, our Website.
6.2 Your Content you post shall not be illegal, obscene, offensive, racist, sexist, hateful, threatening, defamatory, libellous, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable to TMAP in its sole discretion, and shall not consist of or contain software viruses, political campaigning, commercial solicitation, advertisements, chain letters, mass mailings, or any form of “spam.”
6.3 In addition, you agree to comply with all applicable laws, regulations and other legal requirements relating to your access to and use of the Website.
6.4 TMAP takes no responsibility and assumes no liability for any content posted by you or any third party. TMAP may monitor, review or edit such content you or others post or submit, but is not obligated to do so.
6.5 You shall not use our Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
6.6 You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, store, adapt, publish, translate and distribute Your Content in any existing or future media OR reproduce, store and publish Your Content on and in relation to this Website and any successor Website or reproduce, store and, with your specific consent, publish Your Content on and in relation to this Website.
6.7 You grant to us the right to sub-license the rights licensed in the preceding paragraph.
6.8 You hereby waive all your moral rights in Your Content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in Your Content have been waived to the maximum extent permitted by applicable law.
6.9 Without prejudice to our other rights under these Terms, if you breach any provision of these Terms in any way, or if we reasonably suspect that you have breached these Terms in any way, we may delete, unpublished or edit any or all of Your Content.

7 PERSONAL INFORMATION PROTECTION POLICY (the “Privacy Policy”)

7.1 This Privacy Policy exists to protect the rights and privacy of its customers including any user of the Website.
7.2 When obtaining any Personal Information, TMAP will uphold and respect the privacy of your Personal Information and ensures that it is collected, used and stored handled with due care as presented in this Policy.
7.3 Purpose of Collecting Personal Information – We will never collect or use your Personal Information without first informing you of the purpose for which we are collecting your Personal Information.
7.4 Use of Personal Information – The Personal Information that you have submitted to the Website shall only be used for the purpose that was stated on the Website when you submitted your Personal Information. For example, if you have submitted your Personal Information to register your interest in certain products and wish for us to contact you, we will only use your Personal Information to contact you to follow up on your request.
7.5 No Transfer of Personal Information – Your Personal Information will not be shared with any Third Party without first informing you, provided, however, that your Personal Information may be shared with other Toyota companies related to TMAP and with TMAP’s contractors and/or dealers to the extent only necessary to achieve the purpose of usage thereof. Even in such a case, TMAP shall request such entities to handle the relevant Personal Information in a proper manner.
7.6 Protection of Personal Information – TMAP shall implement certain measures in a suitable manner to prevent any and all Personal Information from being accessed in an unauthorized manner, from being lost, or leaked, etc.

8 LINKS TO THIRD PARTY WEBSITES

8.1 The Website may contain links to third-party websites. You acknowledge and agree that third parties control such websites and is not responsible for their contents or policies, and that the links are provided for convenience and do not represent an endorsement by TMAP of the third-party websites. If you access such websites via the links, you do so at your own risk.

9 INDEMNIFICATION

9.1 You agree to indemnify, defend and hold TMAP, its affiliates, officers, directors, employees and agents harmless from and against any loss, cost, damages, liability and expense arising out of or relating to your use of or inability to use the Website and/or any action by you which violates any law, regulation or rights of a third party.

10 DISCLAIMERS AND LIMITATION OF LIABILITY

10.1 The information on this Website is provided “as is” and TMAP makes no representations or warranties as to the accuracy, adequacy, completeness, or appropriateness for any particular purpose of any such information or even that the Website or any service on the Website is or will remain available.
10.2 TMAP expressly disclaims liability for any errors and omissions therein and for any damages whatsoever whether arising out of or in connection with your use of, reliance upon, or acting or forbearing to act upon, any information on this Website even if TMAP has been advised of the possibility of such damages. This paragraph applies to the fullest extent permitted by applicable law.
10.3 TMAP may change and/or alter the Content of this Website, or may suspend or discontinue the services provided through this Website at any time without any prior notice. TMAP shall not be held liable for any damages arising out of any alteration or change of the Content or inability to use this Website.
10.4 We reserve the right to discontinue or alter any or all of our Website services, and to stop publishing our Website, at any time in our sole discretion without notice or explanation; you will not be entitled to any compensation or other payment.
10.5 To the maximum extent permitted by applicable law, we exclude all representations and warranties relating to the subject matter of these Terms, our Website and the use of our Website.
10.6 In no event shall TMAP, their officers, directors, employees, or agents be liable for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, however caused and regardless of the theory of liability, arising out of or in connection with any loss, cost, damages, liability and expense arising out of or relating to your use of or inability to use the Website and/or any action by you which violates any law, regulation or rights of a third party.

11 MISCELLANEOUS

11.1 GOVERNING LAW – By using a Website, you agree that the laws of Republic of Singapore, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and TMAP from your use of the Website.
11.2 DISPUTES – Any dispute relating in any way to your visit to the Website which have not been amicably settled shall be submitted to Singapore International Arbitration Centre (“SIAC”) before one arbitrator whose appointment shall be agreed by the parties or, failing agreement within fourteen (14) days after any party has given to the other party in dispute a written request to concur in the appointment of an arbitrator, a single arbitrator to be appointed on the request of any party by the Chairman for the time being of the SIAC. Such arbitration shall be conducted in accordance with the SIAC Rules, which rules shall be deemed to be incorporated into these Terms. The arbitration shall be conducted in the English language. The decision of the arbitrator shall be final and binding on the parties. In case to the extent you have in any manner violated or threatened to violate Toyota Motor Corporation, TMAP and/or its related companies’ intellectual property rights, the concerned party may seek injunctive or other appropriate relief in any court of competent jurisdiction against you, and you consent to exclusive jurisdiction and venue in such courts.
11.3 ENTIRE AGREEMENT; SEVERABILITY; WAIVER; ASSIGNMENT – These Terms and other legal notices published by TMAP on the Website applicable to an activity you engage in shall constitute the entire agreement between you and TMAP concerning the Website. If any of the provisions of these Terms shall be deemed invalid, void, or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any of the remaining provisions of these Terms, which shall continue in full force and effect. No waiver shall be deemed a further or continuing waiver, and TMAP’s failure to assert any right under these Terms shall not constitute a waiver of such right. You agree that any cause of action arising out of or relating to the Website must commence within one (1) year after the cause of action arises, and otherwise is permanently barred. You may not assign or transfer these Terms, but TMAP may assign the Terms without restriction.