Table of contents
Any hardware, items and accessories, including, but not limited to:
– All navigation devices (excluding the Built-in Devices)
– Sports devices
– Accompanying items and accessories
All websites made available by TomTom that are accessible by you without prior registration or logging in, including, but not limited to:
The TomTom Websites are sites operated by either TomTom Inc. if you reside in the U.S. 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 therefor. These 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 at our sole discretion.
The TomTom Websites may contain references to specific TomTom Content (including but not limited to User Contributed Data) 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 may 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 that 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, commercialize, syndicate, or otherwise derive any revenue, either directly or indirectly, or permit any third party to derive revenue from the search results; (iv) undertake any action which would 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 the TomTom Content.
If you choose, or you are provided with, a user identification code, password, or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
If you know or suspect that anyone knows your user identification code or password (other than you), you must promptly notify us at www.tomtom.com/support.
You must not misuse TomTom Websites 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 TomTom Websites, the server on which TomTom Websites is stored, or any server, computer, or database connected to TomTom Websites.
You must not use any part of the content on TomTom Website for commercial purposes.
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. Claims for copyright infringement can be submitted via the form available at: www.tomtom.com/support.
Software made available, e.g., by downloading or streaming from or via TomTom Websites, is licensed subject to the terms of the applicable license agreement or other applicable terms. Except as set forth in the applicable license agreement or other terms, as aforementioned, the software is made available for use of the TomTom Websites only and any further copying, reproduction or redistribution of the software is expressly prohibited. Warranties, if any, with respect to such software shall only apply as expressly set forth 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.
For the avoidance of any doubt, nothing in this agreement shall prejudice or limit your rights to use copyright protected content under the exceptions or limitations to copyright protection or other related “fair use” or “fair dealing” rights under your domestic law.
The content on the TomTom Websites 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 the TomTom Websites.
Although we make reasonable efforts to update the information on TomTom Websites, we make no representations, warranties, or guarantees, whether express or implied, that the content on TomTom Website is accurate, complete, or up to date.
The TomTom Websites may include information and materials uploaded by other users of the site (User Data and User Contributed Data). This information and these materials have not been verified or approved by us. The views expressed by other users on TomTom Website do not represent our views, values, or recommendations.
If you wish to complain about content uploaded by other users, and your complaint is based on grounds other than alleged copyright infringement, please contact us on www.tomtom.com/support. If you wish to complain about content uploaded by other users, and your complaint is based on alleged copyright infringement, please visit: www.tomtom.com/legal.
If the TomTom Websites contain features that are available on certain mobile devices or via connection through such 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.
Whenever you make use of a feature that allows you to upload content on the TomTom Websites, or to make contact with other users of TomTom Website, you must comply with the content standards set out in our Terms and Conditions [www.tomtom.com/legal].
You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
We also have the right to disclose your identity to any third party who claims that any content posted or uploaded by you to the TomTom Websites constitutes a violation of their intellectual property rights or their right to privacy. By doing so, we will always comply with our obligations under GDPR and any other data privacy laws.
We have the right to remove any posting you make on the TomTom Websites if, in our opinion, your post does not comply with the content standards set out in our Terms and Conditions [www.tomtom.com/legal]. We also have the right to disable access to, or remove, unauthorized content upon receiving a substantiated copyright claim from another party that alleges to be the rightful owner of the content you have uploaded or otherwise shared with TomTom.
You are solely responsible for securing and backing up your content.
When you upload or post content to the TomTom Websites, you grant TomTom the following rights to use that content:
You grant TomTom a non-exclusive, transferable, sub-licensable, royalty-free, perpetual, irrevocable, fully paid, and worldwide license to use, reproduce, make available to the public, publish, translate, modify, create derivative works of, and distribute and license your User Data in connection with the service, alone or in combination with other content or materials, in any way and by all means, methods or technologies, whether known or hereafter invented. You understand that the rights granted by this section are not affected by you deleting your account. In addition to the rights expressly granted herein, you retain all property rights, including intellectual property rights, to the User Data. Where applicable and permitted under applicable law, you also agree to waive any "moral right" or similar rights, such as your right to be recognized as the author of the User Data, including feedback, and your right to object to contemptuous treatment of such user data.
You hereby grant TomTom the right to grant permission to other users to use, modify, and upload any content that you may upload to the TomTom Websites.
You also agree that TomTom may preserve one copy of your User Data for record-keeping purposes to comply with its legal or commercial obligations.
You confirm that you own, or have been granted by the rightful owner with, all intellectual property rights in the User Data necessary under these terms and that your sharing of the User Data does not infringe another party’s intellectual property rights.
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.
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. To the fullest extent permitted by law, TomTom disclaims all warranties, express or implied, as to the operation of the TomTom Websites and as to the TomTom Content.
TomTom does not warrant or make any representations as to the security of the TomTom Websites. You acknowledge any information sent may be intercepted by unauthorized 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 harmful.
You are responsible for configuring your information technology, computer programmes, and platform to access to TomTom websites. You should use your own virus protection software.
To the fullest extent permitted by law, TomTom does not make any warranties or representations regarding the use of the TomTom Content on the TomTom Websites in terms of its 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, loss of data or other harm of any kind that may result. TomTom reserves the right to change any and all TomTom Content and other items used or contained in the TomTom Websites at any time without notice. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
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.
Subject to the above, 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 whether in contract, tort (including negligence), breach of statutory duty, or otherwise arising under or in connection with:
– The use of or the inability to access the TomTom Websites;
– Use of or reliance on any TomTom Content displayed on 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 including the TomTom Content; 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 and the TomTom Content. Your only remedy against TomTom for use of the TomTom Websites is to stop using the TomTom Websites.
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the TomTom Websites or to your downloading of any TomTom Content or on any website linked to it.
That said, if TomTom is found to be liable to you for any damage or loss that is in any way connected with your access to and/or use of, or inability to access and/or use the TomTom Websites, TomTom's aggregate liability under the TomTom Websites for any one or more claims shall not exceed three hundred fifty dollars ($350). Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Different limitations and exclusions of liability may apply to liability arising as a result of the supply of any Product(s) to you, which will be set out in our Terms and Conditions [www.tomtom.com/legal].
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.
If any provision of these Terms and Conditions is deemed to be void, invalid, unenforceable, or illegal, the other provisions continues in full force and effect. If any such provisions are found to be invalid, TomTom will present new terms and conditions to replace them. These new terms and conditions are interpreted, as regards their contents and effect, as closely as possible to the original text but in such a way that rights can indeed be derived from them.