1 Scope

1 Scope
TERMS OF USE TomTom Websites
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Scope
These Terms of Use apply to the use of TomTom Websites and contain important
information about your rights, obligations and restrictions when using TomTom
Websites.
By continuing to use this TomTom Website you accept and are bound by all terms,
conditions and notices set out in these Terms of Use and any amendments and
additions to it.
TomTom may change these Terms of Use at any time with or without prior notice,
effective upon its posting on the TomTom Websites. Please check the TomTom
Websites regularly. Your continued use of the TomTom Websites shall be considered
your acceptance of the revised Terms of Use.
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DEFINITIONS
Built-in Device
Any Product built-in to a vehicle and sold via a third party to you.
Product
Any hardware, items and accessories, including but not limited to:
–
All navigation devices (excluding the Built-in Devices)
–
Sports devices
–
Accompanying items and accessories
Terms and Conditions
The General TomTom Terms and Conditions as found at www.tomtom.com/legal, as
amended or replaced from time to time.
Terms of Use
These Terms of Use - TomTom Websites.
Third Party Material
Content, software codes, data, information, functionality, other content and
algorithms licensed or otherwise made available by parties other than TomTom.
TomTom Content
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All information, text, files, scripts, graphics, photos, sounds, music, videos,
interactive features, functionalities or other similar materials, made available by
TomTom.
TomTom Websites
All websites made available by TomTom, which are accessible by you without prior
registration or logging in, including, but not limited to:
–
www.tomtom.com
–
www.routes.tomtom.com
–
www.places.tomtom.com
User
Any user of a TomTom Website.
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GENERAL
PLEASE READ THE TERMS OF USE CAREFULLY BEFORE USING THE TOMTOM
WEBSITES.
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.
If you reside in the U.S. or Canada, these Terms of Use are entered into between you
and TomTom Inc., a Massachusetts corporation, 24 New England Executive Park #
410, Burlington, MA 01803, USA , Company number (ID number): 571139414;
otherwise these Terms of Use are entered into between you and TomTom
International B.V. a private company with limited liability, having its corporate seat
in Amsterdam, its registered address at De Ruijterkade 154 (1011 AC) Amsterdam,
the Netherlands and registered in the trade register of the Chamber of Commerce in
The Netherlands under number 34076599, and holding the VAT number NL
8007.65.679.B.01 (in either case "TomTom").
By accessing or using a TomTom Website, you acknowledge that you have read,
understand and agree to be bound by these Terms of Use, and the applicable law,
regardless of whether you have a registered account with TomTom or not.
If you do not agree to these Terms of Use, please do not use the TomTom Websites.
Additional terms, including the Terms and Conditions [www.tomtom.com/legal],
may apply to a purchase via the TomTom Websites and you may be requested to
explicitly accept such additional terms. Such additional terms may be in addition to
these Terms of Use or, to the extent they are inconsistent with the content or intent
of these Terms of Use, such additional terms will supersede these Terms of Use.
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.
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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.
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USE RESTRICTIONS
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.
TomTom reserves the right to suspend or terminate your access to the TomTom
Websites if TomTom believes - in its sole discretion - you have violated these Terms
of Use.
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INTELLECTUAL PROPERTY
All intellectual property in and to the TomTom Websites is owned by TomTom, its
affiliates and its licensors, and includes (without limitation) materials protected by
copyright, trademark, or patent laws. All trademarks, service marks and trade names
(e.g., the TomTom name and the two-hand logo) are owned, registered and/or
licensed by TomTom N.V. and its affiliates. All content on the TomTom Websites is a
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collective work under the United States and/or the Netherlands and other copyright
laws and is the proprietary property of TomTom. All rights are reserved. Nothing in
these Terms of Use shall be interpreted as granting any license of intellectual
property rights to you.
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.
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PRIVACY AND COOKIES
Our privacy statement [www.tomtom.com/legal], which is incorporated into these
Terms of Use by reference, further describes the collection and use of information on
the TomTom Websites and the use of cookies. If you want to read more about how
TomTom deals with information relating to you and the use of cookies by TomTom,
please have read TomTom's privacy statement at our website
tomtom.com/legal/privacy.
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Third Party Websites
The TomTom Websites may contain links to third party websites, provided solely for
your convenience. TomTom does not endorse, monitor or have any control over
these third party websites, which have separate terms of use and privacy policies. If
you use these links, you will leave the TomTom Website(s). TomTom is not
responsible for the content or policies of third party websites and you access such
third party websites at your own risk.
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MOBILE SERVICES AND ACCESS
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.
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INDEMNIFICATION
You agree to indemnify, defend, and hold harmless TomTom, its affiliates, officers,
directors, employees, agents, licensors and suppliers from and against all claims,
losses, liabilities, expenses, damages and costs, including, without limitation,
attorneys' fees, arising from or relating in any way to your use of the TomTom
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Websites, your conduct in connection with the TomTom Websites or with other
Users, or any violation of these Terms of Use, any law or the rights of any third party.
10 WARRANTY DISCLAIMER
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.
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LIMITATION OF LIABILITY
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
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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.
In relation to any express warranty or term set out in these Terms of Use, if TomTom
is found to be liable to you for any damage or loss which is in any way connected with
your (inability to) access and/or use the TomTom Websites, TomTom's aggregate
liability arising directly or indirectly in connection with the TomTom Websites for
any one or more claims shall not exceed US$350.00. 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.
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Applicable law and competent court
If you are a resident of the U.S. or Canada, you agree that these Terms of Use and the
TomTom Content are governed in all respects by the laws of the State of New York,
USA without regard to its choice of law provisions and that all disputes, claims and
legal proceedings directly or indirectly arising out of or relating to the Terms of Use
or the TomTom Content shall be resolved individually, without resort to any form of
class action, and exclusively in the state or federal courts located in New York City,
New York, USA.
If you reside outside of the U.S. or Canada, all disputes, claims and legal proceedings
directly or indirectly arising out of the Terms of Use or the TomTom Content shall be
subject to Dutch law, without regard to any conflicts of law principles that would
result in the application of the law of any other jurisdiction and shall be exclusively
settled by the courts of Amsterdam, The Netherlands. The 1980 U.N. Convention on
Contracts for the International Sale of Goods shall not apply to the TomTom
Websites or these Terms of Use and is hereby expressly disclaimed.
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MISCELLANEOUS
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.
TomTom's failure to insist upon or enforce strict performance of any of the Terms of
Use shall not be considered a waiver of any provision or right. Neither the course of
conduct between the parties nor trade practice shall modify any of the Terms of Use.
TomTom may assign its rights and delegate its duties under the Terms of Use to any
party at any time without notice to you.
14 SEVERABILITY
If any provision of the Terms of Use is deemed invalid, void, unlawful or
unenforceable, such provision will be read down to the extent necessary to ensure it
is not invalid, void, unlawful or unenforceable, but if that is not possible, the relevant
provision will be severed. If any provision of the Terms of Use is deemed invalid,
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void, unlawful or unenforceable, the validity or enforceability of the remaining
provisions will not in any way be affected or impaired and such remaining provisions
will continue in full force and effect.
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Questions or remarks
Should you have any questions, suggestions, complaints or remarks concerning the
TomTom Websites or these Terms of Use, or if you desire to contact TomTom for any
reason, please do so by email via http://www.tomtom.com/support.
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