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The TomTom Websites are sites operated by either TomTom Inc. if you reside in the US or Canada, or TomTom International BV if you reside elsewhere.
You agree that any notice, agreement, disclosure or other communication that TomTom sends you electronically when you use the TomTom Website will satisfy any legal communication requirements.
Although care has been taken to ensure the accuracy of the information on the TomTom Websites, TomTom assumes no responsibility for any error or other inaccuracies. The TomTom Websites and the TomTom Content are provided ‘as is’ and ‘as available’. We may update the TomTom Websites from time to time, and may change the TomTom Content at any time. The TomTom Websites may contain references to specific TomTom Content that may not be available or shall not become available at any time in a particular country. Please contact our local representative for further information.
Consult these conditions to understand how you may lawfully use the TomTom Websites.
You may use the TomTom Websites and the TomTom Content only for lawful purposes. You agree not to change or delete any ownership notices from materials downloaded, printed or otherwise obtained via the TomTom Websites. You agree not to modify, copy, translate, broadcast, perform, display, distribute, frame, reproduce, republish, download, display, post, transmit or sell any content available through the TomTom Websites.
You must not: (i) modify, alter, edit, merge or otherwise change the search results from the format or order in which they are delivered to you via the TomTom Websites, including, modifying, altering, editing, or otherwise changing any trademarks which are displayed as part of the search results; (ii) combine, co-mingle or merge the search results with any other search services results including Google Local Search; (iii) on-sell, commercialise, syndicate or otherwise derive any revenue, either directly or indirectly, or permit any third party to derive revenue from the search results; or (iv) undertake any action which may prevent, hinder, distort or otherwise interfere with TomTom’s ability to calculate any advertising revenues generated from the search results.
You agree not to use the TomTom Websites in any manner that might interfere with the rights of third parties.
You agree not to use any data mining, robots, scraping (including screen-scraping) or similar data gathering methods. You agree not to take any action that might compromise the security of the TomTom Websites, render the TomTom Websites inaccessible to others or otherwise damage the TomTom Websites or any of the TomTom Content.
Find out how the content from the TomTom Websites is protected under copyright laws. For more detailed information on IP, please consult the Intellectual Property section.
Software made available (e.g. by downloading or streaming from or via the TomTom Websites) is licensed subject to the terms of the applicable license agreement or other applicable terms. Except as set out in the applicable license agreement or other terms (as referred to above), the software is made available for use of the TomTom Websites only and any further copying, reproduction or redistributions of the software is expressly prohibited. Warranties, if any, with respect to such software shall only apply as expressly set out in the applicable license agreement. TomTom hereby expressly disclaims all further representations and warranties of any kind, express or implied, with respect to such software.
If the TomTom Websites contain features that are available to certain mobile devices or via connection through a mobile device (e.g. tethering) you acknowledge and agree that your carrier's rates and fees apply, including in some cases, additional tethering fees. Not all mobile services will work with all carriers or Products.
Your attention is particularly drawn to this section. Consult this section to find out to what extent TomTom is responsible for the operation of the TomTom Websites and for the TomTom Content found there.
TomTom does not exclude any rights and remedies in respect of goods or services under the Australian Consumer Law (ACL) which cannot be excluded, restricted or modified. However, to the extent permitted by law, TomTom excludes all rights, remedies, guarantees, conditions and warranties in respect of goods or services from your use of the TomTom Websites whether based in statute, common law or otherwise to the extent permitted by law. To the fullest extent permitted by law:
a)The TomTom Websites, including the TomTom Content and Third Party Material found on these TomTom Websites are provided "as is" and without warranties of any kind. TomTom disclaims all warranties, express or implied, including, but not limited to, implied warranties of title, merchantability, fitness for a particular purpose, non-infringement and as to the operation of the TomTom Websites.
b)TomTom does not warrant or make any representations as to the security of the TomTom Websites. You acknowledge that any information sent may be intercepted by unauthorised third parties and TomTom cannot guarantee and does not promise any specific results from use of the TomTom Websites. TomTom does not represent or warrant that the TomTom Websites will be uninterrupted or error-free, that any defects will be corrected, or that the TomTom Websites, or the server that makes the TomTom Websites available, are free of viruses or anything else that may be harmful or disruptive.
c)TomTom does not make any warranties or representations regarding the use of the TomTom Content on the TomTom Websites including such content's correctness, accuracy, adequacy, usefulness, reliability or otherwise. You understand and agree that you download or otherwise obtain TomTom Content at your own risk, and that you will be solely responsible for your use of, and any damage to, your device via which you access the TomTom Websites, any loss of data and any other harm or disruption of any kind that may arise. TomTom reserves the right to change any and all TomTom Content and other items used or contained on the TomTom Websites at any time without notice.
Consult this section to find out under which type of circumstances TomTom is liable to you for damages caused by the TomTom Websites and TomTom Content. This section does not affect your rights under the applicable mandatory national legislation.
To the maximum extent permitted by applicable law, neither TomTom nor its affiliates, suppliers and/or subcontractors shall be liable to you or any third party for any direct, special, incidental, indirect or consequential damages, including for any lost profits, loss of business, business interruption, damages due to the inability to access the TomTom Websites, lost data or information, or the like that result from the access of, the use of, or the inability to access or use, the TomTom Websites or the conduct of other Users (whether online or offline) or attendance at a TomTom event, even if TomTom has been advised of the possibility of such damages. You assume total responsibility for your use of the TomTom websites. Your only remedy against TomTom for use of the TomTom Websites is to stop using the TomTom Websites.
Except as prohibited by applicable law, any cause of action or claim you may have with respect to the TomTom Websites must be commenced within one (1) year after the claim or cause of action arises.