SOFTWARE PURCHASE AND USAGE TERMS AND CONDITIONS
Important: Please read these terms and conditions carefully before ordering and using the software.
These are software purchase and usage terms and conditions applicable to any purchase of the navigation map update (hereinafter referred to as the “Terms and Conditions”) from Toyota Motor Europe NV/SA, a company incorporated under Belgian Law, having its registered offices at Bourgetlaan 60, B-1140 Brussels, Belgium (hereinafter referred to as “TME”).
Ordering, purchasing and/or using the navigation map update constitutes acceptance of the terms and conditions set forth hereinafter.
This Navigation Map Update should be used (only) in connection with the Genuine Integrated Toyota Navigation System.
The entire text of these Terms and Conditions forms an integral part of any Terms and Conditions concluded regarding the use of the Navigation Map Update for the purposes set out herein.
1.1 "Navigation Map Update" means the updated CD-Rom-, DVD-version or SD Card version of the TME Navigation Maps as made available by TME on this website, as of the date of acceptance of, and in line with, the Terms and Conditions.
1.2 "Use" or "Using" means to access, install or otherwise benefit from using the functionality of the Navigation Map Update in accordance with the documentation which accompanies the Navigation Map Update.
1.3 "Map-Updates Website" means the www.toyota-mapupdates.eu -website or the www.lexus-mapupdates.eu - website.
1.4 "Local Call Centre" means a local call centre of which the Consumer can find the contact details for his area of residence on the web page "Contacts", in order to inform the Consumer on after-sales issues and warranty processes, as well as to investigate and answer complaints.
1.5 "Consumer" means any consumer ordering, purchasing and/or using the Navigation Map Update.
2.1. Distance selling In compliance with the applicable European and Belgian Distance Selling laws, please be informed of the following information prior to concluding a contract with TME:
2.1.1. Supplier: The supplier of the Software is Toyota Motor Europe NV/SA, a company incorporated under Belgian law, having its registered offices at Bourgetlaan 60, B-1140 Brussels, Belgium.
2.1.2. Main Characteristics of the Goods: the Navigation Map Update as defined in clause 1 hereinabove. It will be sent as a jewel case packaging containing a software medium (CD-Rom, DVD or SD Card).
2.1.3. Delivery Costs: Delivery costs will be determined based on the distance to the Consumer’s destination address.
2.1.4. Total price: The total price of the product includes the price of the Map Update, VAT and other applicable charges. Conditions used for delivery are fixed by the DAP Incoterm.
2.1.5. Arrangements for Payment Delivery and/or Performance of the Agreement:
- Payment can be made by credit card
- The Navigation Map Update will be delivered within 3 to 32 days of the day after the consumer placed his order; before finalising the order of the Navigation Map Update, an advised “Expected Time of Arrival” is suggested on the Map-Updates Website, but TME does not warrant that delivery will be made at that date.
- A direct link to the appropriate carrier tracking information website will be provided so that Consumer can track the order he placed.
2.1.6. Right of Withdrawal: Under the Distance Selling rules and regulations the Consumer has a right of withdrawal, subject to certain exceptions. More specifically the Consumer has a period of 14 days from the day of receipt by the Consumer, in which to withdraw from the contract without penalty and without giving any reason. The only charge that may be made to the consumer because of the exercise of his right of withdrawal is the direct cost of returning the Navigation Map Update.
The Consumer may not exercise the right of withdrawal provided for hereinabove in respect of contracts for the supply of the Navigation Map Update which is unsealed by the Consumer.
2.1.7. Substitute Goods and Information on after-sales services: Local Call Centre will provide the Consumer with first line Consumer support. The Consumer will receive a warranty replacement Navigation Map Update only in the following limited cases:
- In case the Customer receives a broken Navigation Map Update, reports it to the Local Call Centre within 48 hours after delivery and sends it back to the address specified to him by the Local Call Centre within 14 working days after delivery;
- In case the Customer receives a wrong article, reports it to the Local Call Centre within 48 hours after delivery and sends it back to the address specified to him by the Local Call Centre within 14 working days after delivery (returning costs will be borne by TME if the receipt of the wrong article by the Consumer was not caused by a wrong order by the Consumer); or
- In case the Customer did not receive the Navigation Map Update he ordered. The Map-Updates Website provides the Consumer with a "FAQ"-page (frequently asked questions). Without prejudice to article 2.1.7 TME has a "No cash refund" policy and will therefore not give cash or credit card refunds on the Navigation Map Update once it has been delivered.
2.1.9. Validity Period of Offer or Price: TME will charge to the Consumer the price applicable at the date of the order, as stipulated on the website.
2.2. Usage. Subject to the restrictions and limitations set forth below, the Consumer can install the ordered Navigation Map Update for his internal use only.
2.3. Restrictions. The Consumer does not have the right to distribute, rent, lease or copy the Navigation Map Update to third parties for commercial or non-commercial use. The Consumer shall not modify, disassemble, reverse engineer, or decompile the Navigation Map Update, or otherwise reduce any part of the Navigation Map Update to any human readable form except to the extent the Consumer may be expressly permitted to decompile under applicable law.
All rights in and to the Navigation Map Update not expressly granted to the Consumer in these Terms and Conditions are reserved to TME and its Licensors.
The Local Call Center will provide the Consumer with first line support. The Map-Updates Website provides the Consumer with answers to some frequently asked questions.
The purchase of the Navigation Map Update hereunder does not transfer to Consumer, either expressly or by implication, title to any intellectual property right contained in the Navigation Map Update.
The Navigation Map Update is the intellectual property of TME and its subcontractors or licensors.
The structure, organization and code of the Navigation Map Update are valuable trade secrets and confidential information of TME and its subcontractors or licensors. The Navigation Map Update is protected by law, including but without limitation the copyright laws of Belgium and other countries, and by international treaty provisions.
Except as expressly stated herein, title to the Navigation Map Update, all copies thereof, and all rights therein, including but not limited to all rights in patents, copyrights, trademarks, and trade secrets applicable hereto, shall remain with TME or its subcontractors or licensors.
4.NO WARRANTIES OR LIABILITY
4.1 The Navigation Map Update is provided to the Consumer on an AS IS basis, without warranty of any kind. TME AND ITS SUBCONTRACTORS OR LICENSORS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS OBTAINED BY USING THE NAVIGATION MAP UPDATE. EXCEPT FOR ANY WARRANTY, CONDITION, RESPRESENTATION OR TERM TO THE EXTENT TO WHICH THE SAME CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW, TME HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OR CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTIBILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM USAGE OF TRADE OR COURSE OF DEALING. TME MAKES NO WARRANTIES AND EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
4.2 TME does not warrant, guarantee, or make any representation as to the correctness, accuracy, or reliability of the Navigation Map Update. To the extent permitted by applicable law, TME does not warrant that the operation of the Navigation Map Update will be uninterrupted, error-free or virus-free.
IN NO EVENT WILL TME OR ITS SUBCONTRACTORS OR LICENSORS BE LIABLE TO THE CONSUMER AND/OR ANY THIRD PARTY, FOR ANY DAMAGES, LOSSES OR DAMAGES TO PROPERTY, LOSS OF BUSINESS OR DATA, CLAIMS OR COSTS WHATSOEVER OR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL DAMAGES, OR ANY LOST PROFITS OR LOST SAVINGS, BUSINESS INTERRUPTION, LOST BUSINESS INFORMATION, EVEN IF A TME REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS OR COSTS OR FOR ANY CLAIM BY ANY THIRD PARTY. The foregoing limitations and exclusions apply to the extent permitted by applicable law. In any event, TME aggregate liability and that of its subcontractors and licensors under or in connection with these Terms and Conditions shall be limited to the amount paid for the Navigation Map Update, if any.
These Terms and Conditions are effective until terminated. TME has the right to terminate these Terms and Conditions at any time, for any reason without any compensation, obligation or liability to Consumer.
6.1. Notice. All requests and notices given under these Terms and Conditions will be in writing and will be by personal delivery, facsimile transmission, or by certified or registered mail, return receipt requested (or in the case of notices from TME to the Consumer, by e-mail) and will be deemed given upon personal delivery, five (5) days after deposit in the mail, or upon acknowledgment of delivery of electronic transmission. Notices from the Consumer to TME will be sent to the following address: email@example.com. Notices to the Consumer will be sent to the address or email address that the Consumer has provided to TME. The Consumer warrants that the contact information he provided with these Terms and Conditions is accurate and current as of the date he provided such information.
6.2. Privacy - data protection Any personal data the Consumer provides to TME and/or its subcontractors in the ordering of the Navigation Map Update will be used by TME and/or its subcontractors for the purpose of handling the distance selling to the Consumer, and only for that purpose. TME and/or its subcontractors make every effort to ensure the secure collection, transmission and temporary storage of personal data in accordance with the nature of such data and in compliance with the relevant European legislation regarding data protection. TME and/or its subcontractors will not transfer the Consumer’s personal data to any third parties. At all times the Consumer has the right to access, to become rectification of and to object to the use of the personal data. TME and/or its subcontractors will erase all Consumer information within 15 days after the delivery of the Navigation Map Update to the Consumer.
6.3. General. If any part of these Terms and Conditions is found void and unenforceable, it will not affect the validity of the rest of the Terms and Conditions, which shall remain valid and enforceable according to its terms. These Terms and Conditions may only be modified in writing and duly signed by an authorized person of TME. Updates may licensed to the Consumer by TME with additional or different terms. This is the entire Terms and Conditions between TME and the Consumer relating to the use of this Navigation Map Update and it supersedes any prior representations, Discussions, undertakings, communications relating to the Software.
6.4. Governing Law. These Terms and Conditions and all disputes arising from them will be governed by and construed in accordance with Belgian law. The content of the Map-Updates Website will not be regarded as a specific invitation addressed to the Consumer, or as an advertisement in the country in which the Consumer has his habitual residence.
6.5. Competence The competent courts in Brussels (Belgium) will have exclusive jurisdiction over all disputes relating to these Terms and Conditions, the order, the purchase and the use of the Navigation Map Update.