Terms of Service
Last updated on 7 Sep 2020
Toyota Tsusho Mobility Informatics (“we”, “us”, or “our” ) provide services (“Service”) to you (“you” or “your”) through our websites and through our mobile apps.
By using the Service, you are agreeing to be bound by these terms and conditions (“Terms of Service”) and also the Data Protection Policy [also referred to as Privacy Policy].
We reserve the right to update and change the Terms of Service from time to time and will provide notice to you by changing the “last updated” date above. It is your obligation to be familiar with the most current version of the Terms of Service. Continued use of the Service after any such changes shall constitute your acknowledgment of and consent to such changes.
Any new features shall be subject to the then-most current Terms of Service.
You represent and warrant that you have the full right and power to enter into and fully perform this agreement in accordance with these Terms of Service. If you are using the Service on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms of Service and, in such event, “You” will refer and apply to that company or other legal entity.
If you do not agree to the Terms of Service, you will have to stop using the service immediately.
Services
Below is a summary of the services provided by Toyota Tsusho Mobility Informatics:
Fleet Management System
The Fleet Management System (FMS) consists of a core platform that allows fleet administrators / managers to gather information about their fleet through a web admin panel including dashboard to oversee key metrics of the fleet. The FMS is also used to create dispatch plans and management of logistic deliveries.
a) Vehicle information
b) Driver information
c) Getting alerts about upcoming vehicle inspections
d) Dispatch and delivery management
Use of the Service
You may not use the services provided by us for commercial purposes, for example, you may not offer the service to someone else. You cannot sell or rent the service to other third parties. You cannot offer the Services to the public through communication channels or integrate them with your service.
The web and mobile applications provided may not be utilized in ways other than those permitted in these Terms of Service.
By using the services, the end-user also agree to the following terms by HERE:
a) restrict use of the HERE Content to the End User's own use with the Application;
b) prohibit use of the HERE Content with geographic data from competitors of HERE;
c) prohibit reverse-engineering and archiving of the HERE Content;
d) prohibit any export of the HERE Content (or derivative thereof) except in compliance with applicable export laws, rules and regulations;
e) require the End User to cease using the HERE Content if End User fails to comply with the terms and conditions of the End User terms;
f) provide notice to the End User of the applicable regulatory and third-party supplier restrictions and obligations (including copyright notices), which may be satisfied by including a link to a URL to be hosted by HERE, which is currently contained at https://legal.here.com/terms/general-content-supplier/terms-and-notices/ (or as notified by HERE to Customer);
g) provide notice to United States Government End Users (and others who wish to claim similar rights) that the HERE Content is a "commercial item", as that term is defined at 48 C.F.R. 2.101, and is licensed in accordance with the End User terms under which the HERE Content is provided;
h) affirmatively disclaim any warranties, express implied or otherwise, of quality, performance, merchantability, fitness for a particular purpose and non-infringement;
i) affirmatively disclaim liability for any claim, demand or action, irrespective of the nature of the cause of the claim, demand or action arising out of the use or possession of the HERE Content; or for any loss of profit, revenue, contracts or savings, or any other direct, indirect, incidental, special or consequential damages arising out of the use of, or inability to use the HERE Content, any defect or inaccuracy in the HERE Content, or the breach of these terms or conditions, whether in an action in contract or tort or based on a warranty, even if Customer, HERE or their affiliates or suppliers have been advised of the possibility of such damages.
j) do not make or imply any warranties on behalf of HERE its affiliates or their data suppliers or provide any right of liability or indemnity against HERE its affiliates or their data suppliers; and
k) include any legally required and otherwise appropriate instruction, warnings, disclaimers and safety information relating to the use of the Application.
Termination of Service
You are solely responsible for properly terminating the service if you choose to do so. In the event of termination, you have a duty to express your intention to terminate the service to the company by providing a written notice three months in advance.
All of your information may be immediately deleted by us from the Service (including our secure servers used to store your information) upon cancellation. If you want to preserve your information, you must export your information before cancelling your account. Your information cannot be recovered once your account is cancelled.
Any abuse of the Service will lead to termination of your account. We reserve the right to decide what is considered abuse of the Service. If your account is terminated, your rights to use the Service will cease immediately. Termination is without prejudice to all other remedies available to us by law or under these Terms.
All provisions of these Terms of Service relating to disclaimers of warranties, limitation of liability and remedies and damages shall survive termination.
Intellectual Property
All Intellectual Property Rights in or arising out of or in connection with the Services shall be owned by Toyota Tsusho Mobility Informatics and is protected by Singapore law and international law.
Intellectual property rights appearing on the website, service or database, such as copyrights, trademarks, Industrial design, patents and trade secrets belonging to Toyota Tsusho Mobility Informatics will be protected under Singapore law and International law.
All information that you post to the Service must comply with applicable copyright laws. We claim no intellectual property rights over the material you provide to the Service when such material is tagged with personally identifiable information. We may share aggregated information that does not include personally identifiable information and we may otherwise disclose non-identifying information with third parties for industry analysis, demographic profiling, and other purposes. Any aggregated information shared in these contexts will not contain your personally identifiable information.
You shall not copy, sell, transfer, distribute, publish, or assign your license to our Service in any format to any third party. In addition, you may not use the Service in any way that violates applicable country, or international law, or for any unlawful purpose.
Our company reserves the right to terminate or revoke the provision of service in the event of any infringement of intellectual property rights.
No Warranties or Representations
You understand and agree that the Service is provided “AS IS” and “AS AVAILABLE” and we
expressly disclaim warranties of any kind, express or implied, including without limitation any
warranty of accuracy, merchantability, fitness for a particular purpose, or non-infringement.
We make no warranty or representation and disclaim all liability regarding the results that may
be obtained from the use of the Service, the correctness or completeness of the data, the
security, reliability or availability of the Service, or that the Service will meet any user’s
requirements. Use of the Service is at your sole risk. Even though we use secure third party
vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service, you understand and agree that you will be solely responsible for any damage to you (including loss of data) resulting from the use of the Service. The entire risk arising out of use, security, or performance of the Service remains with you. Without limiting the foregoing, the Service is not designed or licensed for use in hazardous environments requiring fail-safe controls.
The above disclaimer applies to any damages, liability or injuries caused by any failure of the performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use the Service, whether for breach of contract, tort, negligence or any other cause of action.
Limitations of Liability
No event will we or our subsidiaries, affiliates, shareholders, officers, employees, agents, partners and licensors be liable for lost profits or any other damages, including without limitation any direct, indirect, consequential, special, exemplary, incidental, or punitive damages arising out of, based on, or resulting from this contract or arising from or connected in any way with your use of or inability to use the service, or for any claim by any other party, even if we have been advised of the possibility of such damages.
The exclusion of damages under this section is independent of your exclusive remedy and survives in the event such remedy fails of its essential purpose or Is otherwise deemed unenforceable. These limitations and exclusions apply without regard to whether the damages arise from (1) breach of contract, (2) breach of warranty, (3) negligence, or (4) any other cause of action, to the extent such exclusion and limitations are not prohibited by applicable law.
If you are dissatisfied with the service, you do not agree with any part of this Terms of Service, or you have any other dispute or claim with or against us with respect to the service, then your sole and exclusive remedy is to discontinue using the service. This limitation of relief is a part of the bargain between the parties.
Indemnification
You agree to indemnify, defend, and hold harmless, us and our respective officers, directors, employees, agents, licensors, representatives, and third party providers, to and from and against all claims, losses, expenses, judgment, damages and costs, and consequences of whatever nature, including legal expenditures and litigation, from any violation of this agreement by you or your violation of any rights of a third party. We reserve the right to assume, at our sole expense, the exclusive defence and control of any matter subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defences.
Privacy Policy
We care about data privacy and security. Please review our Data Privacy Policy which is also considered part of the Terms of Service. By using our services, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use.
As the data privacy policy will be updated periodically, the company recommends that you review the policy from time to time.
Modification of the Service
The company reserves the right at its own discretion, as part of a continuous development process, to upgrade, modify or substitute any equipment, software or communications services used in connection with the services without notice. You will not have the right to claim, sue or make any claims from the Company as a result of such modification.
If there are any changes to the terms of service or services, we will notify the changes through our website or program applications. Your continued use of the service after those changes means that you have understood and accepted the revised terms.
Governing Law
This Terms of Service and related provided services shall be governed by the laws of Singapore, without regard to conflicts of laws principles. The parties hereto hereby irrevocably consent to the exclusive jurisdiction of the courts in Singapore.
Questions and Contact Information
If you have any questions about these Terms of Service please contact us at ttmi_sg_inquiry@ttmi-sg.com.