TERMS AND CONDITIONS OF USE

These terms of use were last revised on [JUNE 3, 2021]

General

This website is for your personal use only and is not to be used for any commercial purpose, whether directly or indirectly, without our prior written consent.

Your access and use of this website https://www.kinto-mobility.com/ (“site”) is subject to the following terms and conditions of use and all applicable laws and regulations. Please read these Terms and Conditions of Use (‘terms of use’) carefully before you start to use this site. We recommend that you print a copy of these terms for future reference.

These terms of use will also apply to interactive features, portals, widgets, applications, content or downloads (so long as they are owned and/or operated by us), that are available through the site or that interact with the site and post links to these terms of use. Some of our other websites and mobile applications may have similar or different terms that govern the use of those particular online services, so we encourage you to review each of our online service’s terms prior to using or accessing one of our other online services.

By accessing and/or using this site, you confirm that you accept and agree to comply with all of the terms and conditions as set out below and all applicable laws and regulations.

You will not use this website for any purpose that is unlawful or prohibited by these terms and conditions of use or reproduce or distribute any portions of the website for any commercial use except as authorized by these terms and conditions of use.

If you do not agree to these terms of use, you must not use this site or otherwise use the website or any information contained on this site.

These terms of use can be revised at any time without notice to you albeit we will try and give you reasonable notice of any major changes. Please check this page from time to time to take notice of any changes made, as they are binding on you. It is your responsibility to visit this site frequently to review carefully the current terms and conditions of use that govern your continued use of this site. Each time you access this site you shall be deemed to have agreed to the then current terms and conditions of use.

Please also view our Privacy Policy here.

About Us

he site is owned and hosted by Toyota Financial Service Corp, a company organized under Japanese law having its registered office at Nagoya Lucent Tower 15F 6-1 Ushijima-cho, Nishi-ku, Nagoya, 451-6015, Japan and is operated by KINTO Corp a company organized under Japanese law having its registered office at Nagoya Mitsui Building North Wing 14F 4-8-18 Meieki Nakamura-ku, Nagoya, 540-0002, Japan hereinafter ‘KINTO’, ‘we’ or ‘us’.

Accessing and using this site

Access to this site is permitted on a temporary basis. We may suspend, withdraw, restrict, discontinue or change all or any part of this site where we have good reason to do so (for example, to reflect changes to our products and services, our users' needs and our business priorities, or for other business or operational reasons) .In some limited circumstances this may be without notice, but we will try to give you reasonable notice wherever possible. We will not be liable to you if for any reason this site is unavailable at any time or for any period.

We do not guarantee that this site will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programs and platform in order to access this site. You should use your own virus protection software.

You must not misuse this site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorized access to this site, the server on which this site is stored or any server, computer or database connected to this site. You must not attack this site via a denial-of-service attack or a distributed denial-of service attack. We reserve the right to report any such misuse to the relevant law enforcement authorities and to co-operate with those authorities by disclosing information about you to them. In the event of misuse, your right to use this site will cease immediately.

Site content

We may update this site from time to time, and may change the content at any time. Although we make reasonable efforts to update the information on this site, we make no representations, warranties or guarantees, whether express or implied, that the content on this site is accurate, complete or up-to-date.

The content on this site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on this site.

We strive to ensure that the information on the site is complete and reliable. Certain information, however, may contain errors and/or other inaccuracies, which we may correct without liability. We also reserve the right to deny the services offered and to revise, suspend, or terminate an event or promotion prior to an order being submitted or acknowledged. We do not guarantee that all services described on our site will be available.

All descriptions, images, references, features, content, specifications, products, and prices of products and services described or depicted on the site are subject to change at any time without advance notice. Certain specifications are approximate and are provided for convenience purposes only (and where relevant, this will be confirmed on the site). The inclusion of any products or services on the site does not imply or guarantee that these products or services will be available.

Intellectual Property Rights

You acknowledge that KINTO or its licensors own and hold all intellectual property and proprietary rights, title and interest in the site, and that your use of the same does not transfer any rights in the same to you. You agree:

i.Not to copy, reproduce, distribute, publish, display, perform, modify, or create derivative works from the site. You may only download material from this site for your own personal use that is limited to occasional items of individual interest only. You may not remove or amend any trademark, copyright or other proprietary notice. Without limiting the generality of the foregoing, you may not distribute any part of this site over any network, nor sell or offer it for sale. You may not copy, de-compile reverse-engineer, disassemble, modify, or create derivative works of the site. Open Source software used in the site is provided in accordance with the terms of the applicable Open Source Software license, and KINTO and its licensors are not a party to the same. We reserve all rights that are not specifically granted to you.

ii.That you are expressly prohibited from presenting the site in a setting created by you or a third party (e.g., through framing), particularly (but not exclusively) where that setting includes advertising or other materials that we have not expressly authorized to be displayed with the site.

iii.That any of your questions, comments, or suggestions for improvements regarding the site or the services that you email, post, or otherwise transmit to us or submit to the site (your "Communications") can be used by KINTO. You hereby grant KINTO a perpetual, worldwide, non-exclusive royalty free, transferable license to use, re-use, reproduce, distribute, implement, copy, display, and create derivative works from, those Communications, including any ideas, concepts, know-how, or techniques contained in your Communications for purposes of developing and/or promotion to the site and/or any associated products or services.

Third party links and resources in this site

Where this site contains links to other sites and resources provided by third parties, these links are provided for your information only.

We have no control over the contents of those third party sites or resources and neither those sites nor the products and services contained on such websites are necessarily endorsed by KINTO. You use such websites entirely at your own risk and subject to the terms of use and privacy policy of those websites. Where we provide or enable links to third party sites, we do so for information purposes only and we accept no liability for your use of the same.

This site may contain some material provided by third parties (and where this is the case, we will make this clear on the site). We accept no responsibility or liability for the accuracy, authenticity or reliability of such material.

Warranties, Disclaimers and Liabilities

NOTHING IN THIS CLAUSE 7 SEEKS TO EXCLUDE OR LIMIT IN ANY WAY OUR LIABILITY TO YOU WHERE IT WOULD BE UNLAWFUL TO DO SO UNDER YOUR APPLICABLE LOCAL LAW. SIMILARLY, NOTHING IN THIS CLAUSE 7 SEEKS TO AFFECT ANY MANDATORY LEGAL OR REGULATORY RIGHTS YOU MAY HAVE UNDER YOUR APPLICABLE LOCAL LAW.

You agree that: you will not use any electronic communication feature of the site for any purpose that is abusive, tortious, intrusive on another's privacy, harassing, libelous, defamatory, obscene, threatening, hateful, or otherwise unlawful; you will not post any materials that infringe on rights of third parties; and, you will not upload or transmit any virus or other malware.

To the extent that you act unlawfully or are in breach of these terms of use, you will be responsible for all charges and obligations incurred, and liabilities for harm caused, and for all actions taken, through your use of this site and our services.

You will be responsible for fully compensating KINTO, its parent, subsidiaries, divisions, and affiliates, and their respective officers, directors, employees, and agents from and against all claims, liabilities, losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from or related to your use of this site in culpable breach of these terms of use, the culpable failure to fulfill any obligations relating to use of the site, or your culpable violation of any law or the rights of a third party.

To the fullest extent permitted by applicable laws, we disclaim liability, and you agree that we are not liable, for any losses and expenses of whatever nature and howsoever arising out of your use of the site or any website with which it is linked, including without limitation any direct, indirect, special, punitive, or consequential damages, loss of use, loss of data, loss caused by a virus, claims of third parties, or other losses of any kind or character, even if we have been advised of the possibility of such damages or losses.

All express warranties, representations, conditions of any kind or other terms implied by statute or common law with respect to this site or the information, content, materials or products included on this site are hereby expressly excluded to the fullest extent permitted by law.

Applicable law

These terms shall be governed by and construed in accordance with the laws of the State of New York, without regard to conflict of law principles. Unless we otherwise agree in writing any dispute regarding the interpretation of the terms that cannot be resolved informally shall be referred to and subject to the exclusive jurisdiction of any New York court or Federal court sitting in New York.

To the fullest extent permitted by applicable laws, you and KINTO agree that each may only bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding.

For the avoidance of doubt, the failure of KINTO to partially or fully exercise any rights or the waiver of KINTO of any breach of these terms of use by you shall not prevent a subsequent exercise of such right by KINTO or be deemed a waiver by KINTO of any subsequent breach by you of the same or any other term of these terms of use. The rights and remedies of KINTO under these terms of use and any other applicable agreement between you and KINTO shall be cumulative, and the exercise of any such right or remedy shall not limit KINTO’s right to exercise any other right or remedy.

Contact us

If you have any questions about these terms of use, please contact us at info-globalkinto@kinto-technologies.com.