KINTO Share Canada - Website/Mobile App Terms & Conditions of Use
These terms and conditions of use for and the KINTO Share Canada mobile application (collectively, the “Website/Mobile App”) constitute a legal agreement and are entered into by and between you (“you”, “your”, “user”) and Toyota Credit Canada Inc. ("TCCI”, "we," "us," "our"). The following terms and conditions, together with any documents and/or additional terms they expressly incorporate by reference (collectively, these "Terms and Conditions"), govern your access to and use, including any content, functionality, and services offered on or through the Website/Mobile App.
By using this Website/Mobile App, you represent and warrant that you are the legal age of majority under applicable law to form a binding contract with TCCI and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website/Mobile App.
These Terms and Conditions apply only to your use of the Website/Mobile App; the terms and conditions applicable to your use of the KINTO Share services can be found here: http://www.kintoshare.ca/ridehailterms (for Ride Hail Drivers) and http://www.kintoshare.ca/serviceloanterms for Service Loan Customers.
1. Intellectual Property Rights Notices
Copyright© TCCI. All rights reserved. All content on this Website/Mobile App, including but not limited to, all software, text, data, sound, programming, visual images, graphics and the design of this Website/Mobile App and the selection, organization and arrangement of the foregoing (collectively, the "Content"), are protected by copyright and other intellectual property laws and are either owned, or used under license, by TCCI.
The trademarks, service marks, logos and other marks used on this Website/Mobile App by TCCI (the "Trademarks") are owned, or used under license, by TCCI. The Trademarks may not be used without the prior written permission of TCCI and may not be used in connection with any product or service in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Toyota, TCCI, or the KINTO Share services. All other trademarks, service marks, logos and other marks which appear on this Website/Mobile App are the property of their respective owners.
You agree to comply with any additional copyright notices, or restrictions contained in any of the Content.
2. Your Use of the Website/Mobile App and Account Set-Up and Security
The security of your personal information is very important to us. We use physical, electronic, and administrative measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure.
Users are responsible for obtaining their own access to the Website/Mobile App and for obtaining the technology required to optimize their experience with the Website/Mobile App 's availability and performance. Users are required to ensure that all persons who access the Website/Mobile App through a user's internet connection are aware of these Terms and Conditions and comply with them. Users are responsible for any security breaches or performance issues relating to accessing the Website/Mobile App.
The Website/Mobile App requires user registration. It is a condition of your use of the Website/Mobile App that all the information you provide on the Website/Mobile App is correct, current, and complete.
You are required to treat as confidential, any user name, password, or any other piece of information that you choose or that we provide to you as part of our security procedures and you must not disclose it to any other person or entity. You must exercise caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You understand and agree that should you be provided an account, your account is personal to you and you agree not to provide any other person with access to this Website/Mobile App or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you logout from your account at the end of each session. You are responsible for any password misuse or any unauthorized access.
Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website/Mobile App. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website/Mobile App.
TCCI reserves the right at any time and from time to time, to disable or terminate your account, any user name, password, or other identifier, whether chosen by you or provided by TCCI, in TCCI’s sole discretion for any or no reason, including any violation of any provision of these Terms and Conditions.
You are prohibited from attempting to circumvent and from violating the security of this Website/Mobile App by, including without limitation: (a) accessing content and data that is not intended for you; (b) attempting to breach or breaching the security and/or authentication measures without authorization; (c) restricting, disrupting or disabling service to users, hosts, servers or networks; (d) illicitly reproducing our TCP/IP packet header; (e) disrupting our network services and otherwise disrupting TCCI's ability to monitor the Website/Mobile App; (f) using any robot, spider, or other automatic device, process, or means to access the Website/Mobile App for any purpose, including monitoring or copying any of the material on the Website/Mobile App; (g) introducing any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (h) attacking the Website/Mobile App via a denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing or crashing; and (i) otherwise attempting to interfere with the proper working of the Website/Mobile App.
3. Restrictions on Use
You may only use the Website/Mobile App for your personal use. You may download and use a reasonable number of copies of the Content on any single computer for your own personal, non-commercial use only, provided that you: (a) keep all copyright and other proprietary notices intact, (b) do not modify the Content, and (c) do not use the Content to suggest an association with KINTO Share, Toyota or TCCI or the respective products, services or brands of KINTO Share, Toyota or TCCI.
You may not modify, publish, transmit, transfer, sell, reproduce, upload, post, distribute, perform, display, create derivative works from, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms and Conditions.
Your use of the Content for any purpose other than the one expressly permitted in these Terms and Conditions (including your use of any of the Content on any other website or networked computer environment) is a violation of the intellectual property rights and other proprietary rights of TCCI and may subject you to civil liability or criminal prosecution under applicable laws. You are not permitted to modify copies of any materials from the Website/Mobile App nor delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Website/Mobile App.
You have no right, title, or interest in or to the Website/Mobile App or to any content on the Website/Mobile App, and all rights not expressly granted are reserved by TCCI. Any use of the Website/Mobile App not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions.
4. Conditions of Use and Content Standards
As a condition of your access and use of the Website/Mobile App you agree that you may use the Website/Mobile App only for lawful purposes and in accordance with these Terms and Conditions.
The following content standards apply to any and all content, material, and information you submit, post, or transmit (collectively, "submit") to the Website/Mobile App using any Interactive Function (collectively, "User Submissions"). Any and all User Submissions must comply with all applicable federal, provincial, local, and international laws and regulations.
Without limiting the foregoing you warrant and agree that your use of the Website/Mobile App and any User Submissions shall not:
(b) Include or contain any material that is exploitive, obscene, harmful, threatening, abusive, harassing, hateful, defamatory, sexually explicit or pornographic, violent, inflammatory, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age or other such prohibited ground or be otherwise objectionable.
(c) contain any false, inaccurate or misleading information.
(d) Transmit, or procure the sending of, any advertisements or promotions, commercial activities or sales, or advertising or any other similar solicitation.
(e) Include engaging in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website/Mobile App, or which, as determined by us, may harm TCCI or users of the Website/Mobile App or expose them to liability.
(f) cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, or alarm any other person.
(g) Promote any illegal activity, or advocate, promote, or assist any unlawful act.
5. Canadian Content
The vehicles, products and services described on this Website/Mobile App or in information available through this Website/Mobile App contain uniquely Canadian specifications and equipment and are available only to Canadian residents in Canada and only where permitted by law. The pricing and other financial information on this Website/Mobile App is in Canadian dollars, unless stated otherwise, and the pricing and other financial information may change at any time without notice to you.
(a) No Legal Relationship – Your use of this Website/Mobile App is not intended and shall not be deemed to create any legal relationship of any kind between you and TCCI, or amend or vary any existing legal relationship.
(b) No Warranties – This Website/Mobile App, any hyper-linked website and the Content and any functionality contained on this Website/Mobile App are provided on an "as is, as available" basis and without representations, warranties or conditions of any kind, either express or implied. TCCI does not warrant that the functionality on this Website/Mobile App will be uninterrupted or error-free, that defects on this Website/Mobile App will be corrected, or that this Website/Mobile App or the server that makes it available are free of viruses or other harmful components. TCCI is not liable to you for damage to your computer, mobile device, or computer system which results from your accessing, browsing or using this Website/Mobile App. TCCI does not represent or warrant that the information on this Website/Mobile App is accurate, complete or current. All of the risk associated with your use of this Website/Mobile App, including but not limited to, the risks associated with the quality and performance of this Website/Mobile App and with the accuracy, comprehensiveness and timeliness of the Content is assumed solely by you.
(c) No Warranties – TCCI does not make any representations, warranties or conditions of any kind, express or implied, as to anything provided on the Website/Mobile App including but not limited to, implied warranties and conditions of merchantability, merchantable quality or fitness for a particular purpose of any vehicle, product or service. TCCI expressly disclaims any other implied warranties imposed by law.
(d) Security – This Website/Mobile App is secured using SSL certificates which applies security sockets layer software encryption technology to all information that you submit to us through this Website/Mobile App. Except as required for compliance with the Certificate Management Service, we do not make any representations, warranties or conditions of any kind, express or implied, as to the security of any information (including, without limitation, credit card and other personally identifiable information) you may provide to us in the course of using this Website/Mobile App. You are solely responsible for maintaining the confidentiality of your password(s).
(e) General –To the maximum extent permissible by law, TCCI disclaims all representations, warranties and conditions express or implied, including but not limited to, representations, warranties and conditions of merchantability, merchantable quality, fitness for a particular purpose, title, non-infringement of proprietary rights and those arising from a course of dealing, trade or performance.
7. Limitations of Liability
To the maximum extent permitted by law, in no event shall TCCI or its directors, officers, agents, employees, representatives, licensors and those for whom TCCI is in law responsible (collectively, the "TCCI Parties") be liable for any special, incidental, indirect, consequential, punitive or exemplary damages of any kind whatsoever (including, without limitation, damages for loss of revenue, loss of profits, failure to realize expected savings, interruption of activities, or any other pecuniary or economic loss) arising out of the use of or inability to use this Website/Mobile App or any product or service described or provided on this Website/Mobile App, even if any of the TCCI Parties have been advised of the possibility of such damages or could reasonably foresee such damages occurring.
In any event, the TCCI Parties' total liability to you for all damages, losses, and causes of action, whether in contract, tort (including negligence), strict liability or otherwise, shall be limited to one hundred dollars ($100). In no event shall any TCCI Party be liable for any damages of any kind arising from the use of any hyper-linked site. You agree that this limitation of liability is comprehensive and applies to all damages of any kind.
You hereby agree to indemnify, defend and hold harmless the TCCI Parties from and against any and all claims, demands, actions, liabilities, losses, costs and expenses (including reasonable legal fees) in connection with: (i) any use or alleged use of this Website/Mobile App under your account or with your password by any other person, whether or not authorized by you, (ii) your breach of these Terms and Conditions; and (iii) your violation of any law or the rights of a third party arising out of your use of this Website/Mobile App. The TCCI Parties reserve the right to assume, at their own expense, the exclusive control and defense of any claims, demands and actions arising in connection with this indemnity and you agree to cooperate with the TCCI Parties' defense of these claims, demands and actions.
9. Modification or Termination of Service
TCCI reserves the right, in its sole discretion, to restrict, suspend or terminate your access to all or any part of this Website/Mobile App at any time, for any reason and without prior notice to you and without any liability to you for doing so. TCCI may change, modify, suspend or discontinue all or any part of this Website/Mobile App at any time without prior notice to you and without liability to you for doing so.
10. Links to Third Party Website/Mobile Apps
This Website/Mobile App may contain hyper-links to third party websites. Your use of any website linked to this Website/Mobile App is at your own risk and TCCI is not responsible for the availability, accuracy or reliability of the contents of any linked website or any link contained in a linked website. TCCI provides these links to you for your convenience only, and the availability of any link does not imply or constitute TCCI’s endorsement of the linked website or its contents.
12. Changes to these Terms and Conditions
TCCI reserves the right to, at any time, modify these Terms and Conditions, and you agree to be bound by any such modifications. Such modifications shall be effective immediately upon TCCI giving notice thereof, which may be given by any means, including, but not limited to, posting on this Website/Mobile App. You agree to regularly review these Terms and Conditions posted at this Website/Mobile App and to be aware of such modifications. Your use of this Website/Mobile App following any such modification constitutes your agreement to follow and be bound by the modified Terms and Conditions. If at any time, these Terms and Conditions are no longer acceptable to you, you should immediately cease all use of this Website/Mobile App.
13. Jurisdiction, Governing Law and Arbitration
TCCI makes no representation that the Content on this Website/Mobile App is appropriate or available for use in any particular location. You are responsible for compliance with the local laws of your location, if and to the extent such local laws are applicable. These Terms and Conditions and your use of this Website/Mobile App shall be governed by and construed in accordance with the laws in force in the Province of Ontario and the federal laws of Canada, without reference to any choice of law or conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms and Conditions or any communication with or transaction through this Website/Mobile App. Any disputes or claims arising out of or related to these Terms and Conditions or your use of this Website/Mobile App shall be submitted to binding arbitration pursuant to the Arbitration Act 1991 (Ontario) or any successor legislation. Arbitration of all matters will be determined by a single arbitrator acceptable to both parties, acting reasonably, and all such arbitration proceedings shall be held exclusively in Toronto, Ontario. Any claim or cause of action that you may have with respect to your use of this Website/Mobile App must be commenced within one (1) year after the claim or cause of action arises.
If any provision of these Terms and Conditions shall be deemed unlawful, void or otherwise unenforceable, then such provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions. Sections 1, 2, 3, 4, 6, 7, 8, 10, 11, 13 and 15 shall survive any termination of this Agreement as well as any other provisions which by their terms or nature are intended to survive. These Terms and Conditions comprise the entire agreement between you and TCCI and supersede all prior agreements between you and TCCI with respect to your use of this Website/Mobile App.
Les Parties déclarent qu'elles ont demandé que cette entente et tout document s'y rapportant soient préparés en anglais. The Parties to this Agreement declare that they have requested that this Agreement and all ancillary documents be prepared in the English language.
16. Reporting and Contact
This Website/Mobile App is operated by Toyota Credit Canada Inc., 80 Micro Court, Suite 200, Markham, Ontario, L3R 9Z5.
Should you become aware of misuse of the Website/Mobile App including libelous or defamatory conduct, you must report it to TCCI at firstname.lastname@example.org
All other feedback, comments, requests for technical support, and other communications relating to the Website/Mobile App should be directed to email@example.com