Terms and Conditions


General

The Northpoint Hino Website is a service provided by Ducala Pty Ltd (ACN 008 031 874) trading as Northpoint Hino for the following purposes:

a) informing its Customers,
b) enabling Customers to provide information to Northpoint Hino, and
c) providing information and commercial services to Business Partners.

Northpoint Hino information contained on this website is provided by Northpoint Hino.

By accessing or otherwise using the Northpoint Hino Website you agree to be bound by these conditions of use and you acknowledge that Northpoint Hino provides the Northpoint Hino Website to you on these conditions of use. Northpoint Hino is entitled at its sole discretion to change, modify, amend, add or remove any part of these conditions of use and to change, amend or delete any features of the Northpoint Hino Website at any time without notice. Your continued use of the Northpoint Hino Website after this time constitutes an agreement by you to abide by and be bound by these conditions of use, as so amended.

Intellectual Property Protection

Northpoint Hino and Hino Motor Corporation Australia Limited owns all intellectual property in the Northpoint Hino Website, unless indicated otherwise. Subject to these conditions of use, Northpoint Hino grants to you a non-exclusive and non-transferable limited licence to do the following:

  • View and download information directly accessible through the Northpoint Hino Website.
  • Use information directly accessible through the Northpoint Hino Website.

You agree that, subject to your use of the Northpoint Hino Website in accordance with the limited licence granted to you, you will not infringe Northpoint Hino's or Hino Motor Corporation Australia Limited's intellectual property in the Northpoint Hino Website and will not modify, copy, republish, frame, distribute or communicate any part of the Northpoint Hino Website or any information contained therein or otherwise use them in a way which will infringe Hino Motor Corporation Australia Limited or Toyota Motor Corporation Australia Limited's intellectual property or other property rights.

 

Disclaimer

Except as provided by law, the Northpoint Hino Website is provided "as is" and without any warranty or condition, express or implied. Northpoint Hino does not warrant that the information contained in or accessible through the Northpoint Hino Website is accurate, suitable for your purposes or without errors, omissions or viruses nor does Northpoint Hino guarantee continuous, uninterrupted or secure access to the Northpoint Hino Website.

You acknowledge that access and use of the Northpoint Hino Website may be interfered with by numerous factors outside of Northpoint Hino control. Northpoint Hino does not warrant the accuracy of any advice, opinion, statement, representation or other information displayed on or accessible through the Northpoint Hino Website. Subject to the provisions of the Competition and Consumer Act 2010, Northpoint Hino makes no representations or warranties in respect of the information and materials available on the Northpoint Hino Website or the means of accessing that information and material (including the software operating in connection with the Northpoint Hino Website).

Northpoint Hino makes no warranty or representation and accepts no responsibility for any websites operated or controlled by entities other than Northpoint Hino which are or may become linked or framed to or from the Northpoint Hino Website.

 

Use of Information

If you upload or otherwise provide any information or content ('Content') in the course of accessing or using the Northpoint Hino Website, you agree that such Content will be available to Northpoint Hino to use in any manner it thinks fit, subject to applicable provisions of any legislation including (without limitation) privacy legislation. You agree that you will not upload or otherwise provide any Content: which:

  • is defamatory, fraudulent, unlawful, threatening, intimidating, harassing, harmful, hateful, abusive, tortious, vulgar, obscene, invasive of another's privacy, sexist, racist, homophobic, violent, degrading; or
  • infringes the intellectual or other proprietary interests of third parties; or
  • impersonates another person or entity, attempts to solicit personal information from another user, contains sexually explicit language or images, advertises or promotes the sale of products or services such as firearms, tobacco or alcohol, adult products and services and any other products or services Northpoint Hino  considers to be inappropriate; or
  • contains spam, chain letters, pyramid and other such selling and marketing schemes, computer viruses, computer code, files or programs or other harmful components that are designed to interrupt, destroy, change or limit the functionality of the Northpoint Hino Website or any other computer software, hardware or other electronic equipment, information which in any way impinges on another user's use or enjoyment of the Northpoint Hino  Website or otherwise breaches or encourages other users to breach these terms of use; or
  • violates any law, statute or regulation; or
  • forges information to disguise the origin of any Content; and
  • encourages or incites any other Customer to engage in any of the above behaviour.

You agree to grant Northpoint Hino a non-exclusive, worldwide, perpetual, irrevocable, royalty- free, sub-licensable right to exercise the copyright you have in any Content, in all media now known or not currently known. You also agree to waive any moral rights or similar rights you may have or may acquire in the future in that Content in our favour.

 

Limitation of Liability

You agree that Northpoint Hino is not liable to you or anyone else for any loss or damages (including direct, indirect, special or consequential loss) arising out of or in connection with the use of the Northpoint Hino Website, the use by Northpoint Hino of information provided by you to Northpoint Hino through the Northpoint Hino Website or any such loss or damage which may arise should you be unable to access the Northpoint Hino Website, for whatever reason and however arising, including negligence.

To the extent that Northpoint Hino is able to limit the remedies available under these conditions of use, Northpoint Hino expressly limits its liability for breach of a condition or warranty implied by virtue of any legislation to the following remedies (the choice of which is to be at Northpoint Hino's sole discretion):

  • in the case of goods, any one or more of the following:
  • the replacement of the goods or supply of equivalent goods;
  • the repair of the goods;
  • the payment of the costs of replacing the goods or of acquiring equivalent goods; or
  • the payment of the costs of having the goods repaired; and
  • in the case of services:
  • supply of the services again; or
  • the payment of the cost of having the services supplied again.

You indemnify Northpoint Hino against any action, liability, claim, loss, damage, proceeding, expense (including legal costs) suffered or incurred by us, arising from, or which is directly or indirectly, related to:

  • your breach or non-observance of any term of these conditions of use; or
  • any breach or inaccuracy in any of your representations or warranties.

Northpoint Toyota is not liable for content or functions on the Northpoint Hino Website provided by Toyota Finance Australia Limited and Toyota Insurance (Aioi Nissay Dowa Insurance Company Australia Pty Ltd). Toyota Finance Australia Limited and Toyota Insurance are not liable for content or functions on the Northpoint Hino Website provided by Northpoint Hino (Ducala Pty Ltd).

Breach and termination

If you breach any provision of these terms of use Northpoint Hino may immediately issue a warning, temporarily suspend or permanently prevent your access to all or certain parts of the Northpoint Hino Website. In any event, Northpoint Hino may terminate these terms of use (and your right to use the Northpoint Hino Website) at any time and for any reason without prior notice to you.

 

Choice of Law and Use of Northpoint Hino Website

These conditions of use, and the agreement of which they form part, is to be governed by the laws of the State of South Australia, Australia. Northpoint Hino has designed the Northpoint Hino Website for use only within the Commonwealth of Australia and makes no warranties or representations with regard to use by persons accessing, downloading or otherwise using the Northpoint Hino Website outside the Commonwealth of Australia. The Northpoint Hino Website is available only to people in Australia who can form legally binding contracts under applicable law.

 

For Any Enquiries on Terms of Use please contact us on.

Northpoint Hino
13 Wandearah Rd,
Port Pirie South
SA 5540,

T (08)86325855

F 08 82663 943