Terms of Use

  1. Introduction

    1. These Account Terms of Use (the ”Terms”) govern the access to and the use of a set of features, services, and functionality on MyToyota for registered business customers.

    2. By registering and starting to use the Service, the User acknowledge that it has read and understood, the meaning of the rights and obligations covered by these Terms.

    3. The Terms may be revised by TMHE from time to time and applies accordingly as the new version has been published on MyToyota.

  2. Definitions

    Affiliates” means (i) in relation to User: any ultimate parent company of Customer; and (ii) in relation to TMHE: Toyota Material Europe AB; and (in each case respectively) any corporation, partnership, joint venture or other entity of which Customer´s ultimate parent company or Toyota Material Europe AB, respectively, directly or indirectly owns or controls at least 50% of the voting stock, partnership interest or other ownership interest.

    User” means a person who has been provided a User Account.

    User Account” means a collection of data (such as username, password, access levels etc.)

    User Administrator” means a person who has been provided a Business Account.“Business Account” means a special User Account used for managing other User Accounts; such management includes, but is not limited to, creating, deleting and changing settings of User Accounts.

    TMHE Material” means any material or information, documents etc. that TMHE provides access to through the Service.

    Hereby the User and User administrator are collectively referred to as The User if not specified separately.

  3. Grant of Rights

    1. The User is granted a non-exclusive, non-transferable, non-assignable, limited right to access and use the Service, as provided from time to time. The User is aware of that the Service may change from time to time and that the Service will constantly develop with the consequence of additions or deleted parts of the Service from time to time. TMHE is responsible for all licenses needed for the provision of the Service, subject to below.

    2. Certain features of the Service may be available through applications of third parties. Such applications may require the User to accept third party terms and conditions in relation to use of the applications and the User is solely responsible for the compliance with such terms and conditions. Furthermore, TMHE takes no responsibility for and accepts no liability for such third party applications, as applicable.

  4. Access to the Service

    Registration and access

    1. Access to the Services is gained through user accounts. Each Customer shall have a representative (“User Administrator”) register for and creating a business account ("Business Account") at MyToyota.

    2. The User Administrator is responsible for the invitation of other individuals (“User(s)”) to access and utilize the Service by registering individual user accounts.

    3. Business Accounts and User Accounts are intended for businesses and business-related organisations and shall be used solely for business purposes.

    4. The User Administrator has the right to create an unlimited number of User Accounts, however, the number of User Accounts shall correspond to the Customer reasonable use of the Services and the User Administrator shall not create more User Accounts than what is necessary in the ordinary course of business. TMHE may refuse additional User Accounts if there is any reason to believe that the User Accounts created by the User Administrator are not justified or misused. To create a User Account, Users must have a valid email address and one User Account may only be created per each email address.

    5. The User Administrator can limit a User Account’s access to the Services and shall hence only give such access as can be reasonably justified in relation to each User.

      Security

    6. A User Account may only be used by the User assigned to it and may not be shared with or used by any other person. User Account password(s) shall be kept secret. The User Administrator shall immediately deactivate a User Account if the User is no longer engaged by the Customer in a way that justifies access to the Services or if there is a suspicion of misuse of the User Account. Such deactivation shall also be notified to TMHE.

    7. TMHE reserves the right to temporarily or permanently limit the access of or suspend a User Account, with immediate effect, without notice to the User Administrator or the User, if there is a suspicion of misuse of the User Account.

    8. The User Administrator shall actively review which User Account(s) are in use. Failure to timely provide such review will cause unconfirmed User Account(s) to automatically become inactivated and the User(s) of such inactivated User Account(s) will thereafter not be able to access the Services.

  5. MyToyota Store

    1. TMHE operates an online store accessible at MyToyota (“MyToyota Store”) for the purchase of new and used products and services. The specific terms and conditions applicable, in addition to these Terms, for all transactions conducted at the MyToyota Store are approved by the User in the MyToyota portal during checkout and before order placement.

  6. Obligation of the Customer and Restriction of use

    1. The Services may not be used,

      (a) for private purposes;

      (b) for unlawful activities, including to facilitate or encourage such activities;

      (c) in any way that may harm TMHE or its Affiliates, customers, distributors, suppliers, employees and consultants or any other third party linked to TMHE.

    2. A breach of the restrictions of use presented above will lead to suspension of the User in question from the Service, and may lead to a suspension of all Users related to the Customer.

    3. The User shall not in the use of Service encounter third party information, which is not obviously published by THME for common access.

    4. If the User in the use of the Service encounter third party information, which is not obviously published by TMHE for common access, the User Administrator shall immediately instruct the User to cease to use the Service and promptly give written notice to TMHE. Such notice shall include information on which User(s) that encountered the information and what sort of information that was encountered and how it was encountered. Following such notice, TMHE has the right to suspend the User(s) in question with immediate effect, unless the unauthorized access to the information was caused by THME.

  7. TMHE material

    1. Through the Service TMHE will give access to TMHE Material. TMHE Material may be used by the User in its ordinary course of business and in accordance with the Section below.

    2. The User may make copies of and distribute (e.g. download, store, print, e-mail etc.) TMHE Material provided, the User shall not distribute TMHE Material to any third party except its Affiliates, without the written consent from TMHE.

    3. Any and all title and interest in the TMHE Material, including but not limited to all such Intellectual Property Rights or rights in confidential information, belongs to and is owned by TMHE or its licensors and no such title or interest is transferred to the User and Customer, except as set forth under this Section.

  8. Intellectual Property Rights

    1. The Service and its content, including but not limited to texts, documents, images, layouts, logos, source codes and associated rights (such as copyright, trademark protection and patents, whether registered or not) (“Intellectual Property Rights”) are held by or licensed to TMHE or its affiliates and suppliers. Nothing in the Terms shall mean that any of these Intellectual property rights are transferred to the User and Customer.

    2. It is not permitted, unless otherwise agreed in a separate Terms with TMHE, to copy, modify, reproduce, reuse, make available, share, transfer, process, translate, sell, sublicense, or otherwise dispose of or take any actions beyond normal use with respect to the Service or its content.

  9. Confidentiality
    1. The User undertakes to keep the content of this Terms and any information that the User receive from TMHE in connection with the use of the Service confidential, as long as the User use the Service and for a period of five (5) years thereafter, unless TMHE has given a written consent to disclose such information. Furthermore, the User undertakes not to use the information received in connection to the use of the Service for any other purpose than what is allowed under these Terms. This Section shall not apply to information that;

      (a) is publicly known, not as a result of a breach of these Terms;

      (b) the Customer can prove that it had knowledge of before it was received from TMHE;

      (c) obviously is not of confidential nature; or

      (d) according to law or a court order must be disclosed.

  10. Error and Support

    1. For support or guidance in accordance, please contact TMHE by email online@toyota-forklifts.eu. TMHE is responsible for offering support in accordance with current information on the website and in these Terms.

    2. In the event of errors reported in the Service, TMHE’s liability for these errors is limited to taking reasonable measures to remedy the error within a reasonable time. TMHE assesses when and how to correct the error.

  11. Disclaimer

    Limitations in the Service

    1. TMHE strives to always deliver as good a service as possible and reasonable efforts will be made to make the Service available and possible to use. From time to time, however, technical complications or maintenance, planned or unplanned, may result in temporary interruptions. To the extent possible, TMHE will inform the User Administrator prior to planned operational disruptions.

      Third Party Service Providers

    2. The Service may contain code, content, features, functionality, and components that are provided by third parties. Furthermore, the Service may require data and information from third parties in order to work properly. ANY SUCH THIRD-PARTY PRODUCTS OR SERVICES SHALL BE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND BY TMHE. ALL RIGHTS AND OBLIGATIONS WITH RESPECT TO SUCH THIRD-PARTY PRODUCTS OR SERVICES SHALL BE GOVERNED EXCLUSIVELY BY THE TERMS AND CONDITIONS OF AGREEMENTS PROVIDED BY SUPPLIERS OF SUCH THIRD-PARTY PRODUCTS OR SERVICES AND CUSTOMER HEREBY RELEASES TMHE FROM ALL LIABILITY AND RESPONSIBILITY WITH RESPECT THERETO.

  12. Liability and Limitation of Liability

    1. TMHE shall not be liable for any damage, cost or loss of any kind as a result of any errors in the Service or any TMHE Material, the lack of Service availability or the loss or corruption of any data or equipment in connection with the use of the Service, except for if such damage, cost or loss is caused by TMHE´s lack of reasonable security (e.g. firewalls and virus protection) in relation to the Service.

    2. TMHE is not liable for any damages that may occur to the User as a result of the User’s misuse of the Services

  13. Term and Termination

    1. The Terms will begin on the date the User click to accept it and will continue until the User or TMHE terminate it. TMHE may terminate these Terms and access to your Business Account at our discretion with or without notice. You are entitled to terminate these Terms by giving us notice and closing your Business Account. Upon termination, all rights and obligations under this Terms will automatically terminate except for any right of action occurring prior to termination, payment obligations, and obligations that are intended to survive termination.

  14. Processing of Personal Data

    1. TMHE shall have the right to process personal data concerning the users of the MyToyota portal acquired in connection with this Terms and the use of the Services. The purpose of the processing is for TMHE to enable access and usage of the Service, which includes processing in order to provide information access, communication, possibility to place orders. TMHE also have the right to process personal data in order to develop the Service and for marketing and advertisement purposes.

    2. TMHE undertakes to only process personal data in relation to such persons engaged by the Customer for the purpose of providing the Services. It shall be noted that the personal data may be transferred to another country (outside of the EEA). The primary purpose of the use of cookies is to enable the Service to function properly. The cookies used by the Services that are not strictly necessary for its function may be declined by the user. For more information about TMHE’s handling of cookies, please see the cookie policy.

    3. The processing of personal data will be supported by a balance of interests in order to meet the TMHEs legitimate needs in managing the contractual relationship and to provide the Service, with exception for non necessary cookies which requires consent. For more information about TMHE´s processing of personal data please refer to privacy policy.

  15. Miscellaneous
    Code of Conduct
    1. Customer shall adhere and act in accordance with TMHE´s Code of Conduct, as found at this link, which is incorporated herein by reference.

      Force Majeure
    2. TMHE will not be liable for any delays in delivery or failure to perform any of our obligations under this Terms by reasons, events or other matters beyond our reasonable control.

      Non-waiver
    3. No consent or waiver, express or implied, by either Party of any breach or default of the other Party in performing its obligations under this Terms shall be deemed or construed to be a consent or waiver of any other breach or default by the other Party of the same or any other obligation hereunder. Any failure by one Party to complain of any act or failure to act by the other Party or to declare that other Party is in default shall not constitute a waiver by the first Party of its rights under this Terms. No waiver of any rights under this Terms shall be effective unless in writing and signed by the Party purporting to give the same.

      Severance
    4. If any provision of this Terms is found to be invalid or unenforceable, that invalidity or unenforceability will not affect the other provisions of this Terms, which will remain in full force and effect. If any provision of this Terms is found to be invalid or unenforceable but would be valid or enforceable if some part of the provision were deleted or modified, the provision in question will apply with whatever modification is necessary to make it valid, provided that if no legal or enforceable modification to such provision can be made, the Parties shall attempt to substitute for any invalid or unenforceable provision a valid and enforceable provision which achieves to the greatest extent possible the same effect as would have been achieved by the invalid or unenforceable provision.

      Entire Terms of Use
    5. This Terms constitutes the entire Terms of Use of the Parties with respect to its subject matter and replaces and supersedes any prior written or verbal communications, representations, proposals, or quotations on that subject matter.

      Changes to the Terms and Notifications
    6. TMHE reserves the right to make changes and add new or additional terms to the Customer’s use of the Service at any time. Changes to the Terms are made thirty (30) days after TMHE has notified the Customer. Notifications to the Customer and information about the Service are provided to the Customer via e-mail and via the MyToytota. The Customer must keep itself updated on the notifications sent out and, upon request, act in accordance with instructions provided therein.

  16. Applicable law and dispute resolution

    1. The Terms shall be governed by Swedish law excluding its conflict of law principles.

    2. Any dispute, controversy or claim arising out of or in connection with this Terms, or the breach, termination or invalidity thereof, shall be finally settled by arbitration in accordance with the Arbitration Rules of the Arbitration Institute of the Stockholm Chamber of Commerce (the “SCC”). The Arbitration Rules by the SCC shall apply, unless the SCC in its discretion determines, taking into account the complexity of the case, the amount in dispute and other circumstances, that Rules for Expedited Arbitrations shall apply. In the former case, the Arbitral Tribunal shall be composed of three arbitrators. The seat of arbitration shall be Stockholm. The language to be used in the arbitral proceedings shall be Swedish.

    3. TMHE is always entitled to apply for a payment injunction or to bring an action before the General Court to collect accrued claims.

    4. The information concerning any dispute, controversy or claim arising out of or in connection with this Terms, including any arbitral award, shall remain confidential, save that either Party may disclose such information if necessary to exercise its rights under this Terms, any arbitral award or due to Regulatory Requirements.