Terms and Conditions
As of 1 May, 2020
1. Provider of Website
This "ISUZU Repair and Maintenance Information and Periodic Roadworthiness Tests Information Website" (the "Website") is provided by Isuzu Motors Limited, whose registered office is at 6-26-1, Minami-Oi, Shinagawa-Ku, Tokyo, Japan ("Isuzu"), in order to provide information and to make available for use (at a charge) for certain Isuzu branded vehicles that comply with European Union (EU) Regulations "Regulation (EC) No. 715/2007 and its amendments" and "Regulation (EC) No. 595/2009 and its amendments" and "Directive 2014/45/EU and its amendments", i.e. Isuzu 2014 model year and later N-Series/F-Series vehicles for European markets or 2012 model year TF-Series vehicles for European markets and the Hong Kong market ("Isuzu EURO5 or higher vehicles"), certain workshop manuals, owner's and driver's manuals, and other materials (the "Service Documents") and diagnostic tool applications and reprogramming tool applications (the "Software", and collectively with the Service Documents, the "Products")] to Eligible Users (defined below).
2. Acceptance of Terms
To use this Website and the Products, you must read and agree to these Terms and Conditions. If you do not agree to these, please do not use this Website and the Products.
Please click the YES button at the bottom of this page if you agree to these Terms and Conditions.
Isuzu reserves the right to amend these Terms and Conditions, without prior notice, whenever Isuzu, in its sole discretion, believes necessary or appropriate. The amended Terms and Conditions shall be automatically effective when posted on this Website. Your continued access and use of this Website after an amendment of these Terms and Conditions shall constitute your acceptance of any such amendments. Whenever you log on to this Website, you should first visit this page by clicking the "Register" button located on the start page of this Website to make sure you have read and understood the then current Terms and Conditions.
3. Introduction Page
Whenever you log on to this Website, you should visit the Introduction page from the start page of this Website and read the latest Introduction.
Copyright© 2015 ISUZU MOTORS LIMITED
4. Eligible Users
This Website is designed and dedicated solely for the use by car repair professionals who require use of the Products for the repair and maintenance or inspection of Isuzu EURO5 or highter Vehicles ("Eligible Users").
Through this Website, Isuzu tries to provide the latest information regarding the repair and maintenance of Isuzu EURO5 or higher Vehicles. Through this Website, you may, on a charge-basis, gain access to and use the Products for the Isuzu EURO5 or higher Vehicles. You acknowledge and agree that Isuzu may, in its sole discretion and at any time, without prior notice, change or discontinue the Products and any part thereof, and that Isuzu shall have no responsibility or liability in connection therewith.
6. Training Courses and Special Service Tools
Isuzu EURO5 or higher Vehicle repair and maintenance training courses (on a charge-basis) are provided by Isuzu Motors Germany GmbH. Please contact Isuzu Motors Germany GmbH for applicable cost, terms and conditions for participation in such training courses. In addition, if you wish, you can purchase certain special service tools for the repair and maintenance of Isuzu EURO5 or higher Vehicles from designated Isuzu dealers. The terms and conditions for purchase of such special service tools shall be available upon inquiry to such dealers. You acknowledge and agree that Isuzu, Isuzu Motors Germany GmbH and Isuzu's dealers may, in their sole discretion and at any time, without prior notice, change or discontinue any of such training courses and/or special service tools, and that they shall have no responsibility or liability in connection therewith.
7. User ID and Password
To use this Website and the Products, you must register with this Website by truthfully and accurately completing the form provided therefor. You are responsible for maintaining the confidentiality of your User ID and password and for all usage of your User ID and password. Do not disclose them to anyone, or authorize any third party to use your User ID and password. You agree to notify Isuzu immediately, by e-mail to , of any unauthorized use of your User ID and password. Isuzu will not be liable for any loss or damage arising from your failure to protect your User ID and password.
The list of charges for the Products available on this Website is located on the Introduction page and the charge for using any Product you have selected will appear again on "Confirm Products" page. Isuzu reserves the right to modify, without prior notice, the list of charges at any time and for any reason.
Payment for use of the Products acquired through this Website can only be made through the online payment service offered by PayPal. Other forms of payment will not be accepted by Isuzu.
- Serial Number.
When paying for the right to use the Software, you will need to input a serial number for such Software. You can obtain a serial number for the Software you wish to purchase on a webpage, a link to which webpage is provided on the Introduction page.
- Withholding Taxes.
The amount set forth in the column "Description" on the Select Products page is the total charge to you (which includes applicable withholding tax). The amount set forth in the column "Amount" on the Select Products page is the amount to be paid directly to Isuzu through PayPal. The difference between the "Description" amount and the "Amount" amount is the applicable withholding tax amount, which you are required to pay over to the appropriate tax authority.
10. Contract Effectiveness and Term of Access/Use
The contract established by these Terms and Conditions for use of a Product becomes effective immediately upon confirmation to Isuzu of your payment through PayPal.
- Service Documents.
It is important for you to note that your term of access ("Term of Access") with respect to a Service Document (in other words, the period of time you have elected and paid for during which you will be able to access and use a particular Service Document) commences immediately upon the contract therefor becoming effective, regardless of whether or not you have commenced actual access and use of the Service Document.
- Diagnostic Tool Applications.
It is also important for you to note that your access and use of a diagnostic tool application will be limited in two ways: (i) First, you must download the diagnostic tool application within the period of time you have elected and paid for (which period commences immediately upon the contract for such diagnostic tool application becoming effective); and (ii) Second, once you have downloaded the diagnostic tool application onto your personal computer, you will be able to use the diagnostic tool application only for the term of use you have elected and paid for ("Term of Use"), which Term of Use commences immediately upon your downloading of such diagnostic tool application to your personal computer. By way of illustration, if you purchase a certain diagnostic tool application and elect one month as a Term of Use, you will have one month to download such diagnostic tool application from the time the contract became effective, and once you have downloaded the diagnostic tool application, you will have one month, commencing from the time that you downloaded the diagnostic tool application, to use it.
- Reprogramming Tool Applications.
With respect to a reprogramming tool application, you must download the reprogramming tool application onto your personal computer within one month from the time that the contract for such reprogramming tool application becoming effective and once you have downloaded the reprogramming tool application to your personal computer, you will have one month to download such reprogramming tool application from your personal computer onto an Isuzu EURO5 or higher Vehicle. Once downloaded into an Isuzu EURO5 or higher Vehicle, the reprogramming tool application will no longer be usable on your personal computer.
11. Use of Products
The technical information contained in the Products acquired by you through this Website must be used only for the repair and maintenance or inspection of Isuzu EURO5 or higher Vehicles.
You are permitted to use a Service Document acquired by you through this Website only on a personal computer and only during the Term of Access paid for by you. Printing and making a copy or copies of a Service Document is strictly prohibited.
The Software can be downloaded only to a personal computer designated by you and used only on such designated personal computer. As soon as you effect payment for the right to use the Software, you can download it onto your personal computer. You are strictly prohibited from making a copy of the Software for any purpose whatsoever, including for personal back-up purposes. Please note that the Software and/or your personal computer onto which the Software has been downloaded may become inoperable if the software of another automobile manufacturer is or has been installed on the same personal computer. Although you will be able to use the diagnostic tool application on a stand-alone personal computer (i.e., without being connected to the internet), we recommend that you update the diagnostic tool application by connecting your personal computer to the internet, on a regular basis, during the Term of Use for such diagnostic tool application.
12. Intellectual Property Rights
All contents on this Website and all Products made available through this Website are protected by copyright and other intellectual property rights. The use of the Products authorized by these Terms and Conditions in no way grants to you any intellectual property or other rights or interest, other than a license (or sublicense, as applicable) to use any Product acquired through this Website, subject to and in accordance with these Terms and Conditions. Except as expressly permitted by these Terms and Conditions or unless otherwise expressly authorized in writing by Isuzu, you are not granted a right to copy, print, reproduce, resell, redistribute, transmit, license, sublicense, publish, post, transfer, upload, duplicate or modify any such contents and/or Products. The use of any such contents and Products on any other World Wide Web site or network computer environment is strictly prohibited.
All trademarks, logos and service marks displayed on this Website (collectively, "Trademarks") are trademarks of Isuzu. You agree not to display or use, in any manner, the Trademarks, without the prior written consent of Isuzu.
14. Prohibited Acts
You are prohibited from doing any of the following acts:
- using this Website or the Products for any purpose other than the repair and/or maintenance of Isuzu EURO5 or higher Vehicles;
- reselling, licensing/sublicensing or transmitting any information contained in any contents on this Website or in any Products made available through this Website;
- selling any software or hardware made or developed through use of any Software; and
- reverse engineering or disassembling any Software.
This Website may contain links to other World Wide Web sites that are completely independent of this Website, including, without limitation, the PayPal website. Isuzu makes no representation or warranty as to the accuracy, completeness, authenticity or safety of such other websites or the information contained therein. Your linking to any other World Wide Web site will be at your own risk.
16. Recommended Computer System Requirements, etc.
Isuzu does not guarantee that the Software will work with the recommended computer system requirements. In addition, Isuzu assumes no liability for problems, loss or damage (whether to your hardware, software, data or otherwise), defects or damages (consequential or otherwise) arising from any virus or software incompatibility or inoperability of the Software with your computer system. It is your responsibility to scan the Software and the respective storage medium with an up-to-date virus scanning program.
17. Communication Protocols and Cookies
18. Personal information
Isuzu will make every effort to manage and maintain your personal information properly. By providing your personal data as provided for on this Website, you unequivocally and unconditionally give your consent to Isuzu's processing and use of such personal data within the scope provided for in this section. Isuzu may use your personal information for any of the following purposes:
- provision of any of the Products and/or services contemplated by this Website, including, without limitation, providing access to the Products acquired by you through this Website;
- contacting users of this Website or Products in connection with such use;
- improvement of this Website, including, without limitation, communicating with you to resolve any problems experienced by you in connection with this Website;
- administration and management of the Products acquired by you through this Website;
- distribution of information about our products and services;
- protection of Isuzu's rights, reputation, interests and/or property; and
- statistical purposes done in a way and form that will not permit identification of you personally.
Isuzu reserves the right to disclose your personal information to vendors of the Software, Isuzu dealers, Isuzu affiliates, and members of Isuzu's distribution network for the above-mentioned purposes. In addition, Isuzu reserves the right to disclose your personal information if required to do so by law or if done in the good faith belief that such disclosure is reasonably necessary to comply with legal requirements.
Even in the case where Isuzu is under no obligation to monitor and/or review any input placed on this Website by users and assumes no responsibility or liability whatsoever relating to any such user input, Isuzu reserves the right, in its sole discretion, to check from time to time such user input and to remove any such input from this Website without justification.
You can, at any time, verify the accuracy of the personal information you have inputted, ask for corrections or require deletion of the same by sending an email to: .
19. Equipment to Access
You are responsible, at your sole cost and expense, for preparation of all equipment and Internet connection required for access to this Website. Costs and expenses required for your access to and use of this Website shall be borne solely by you.
20. No Warranties
Isuzu does not assume any responsibility for the accuracy, completeness or fitness for particular purposes of any contents, Products or services included on or provided through this Website. This Website is provided by Isuzu on an "as is" and "as available" basis. Isuzu makes no representation or warranty of any kind, express or implied, as to the operation of this Website or any contents, Products or services included on or provided through this Website. You expressly agree that your use of this Website will be at your sole risk.
- The technical information and Products on or made available through this Website are intended for use by only Eligible Users who have the necessary professional and technical skills, knowledge and qualifications, as well as all necessary equipment and tools. Repair or maintenance operations must be performed with the correct equipment, tools and replacement parts. Any repair or maintenance operation undertaken by any user of this Website based on and/or using with the technical information and/or Products on or from this Website is performed at the sole responsibility of such user, and Isuzu, its dealers, affiliate companies and its network distributors shall not be held liable for any bodily injury, damage to property, loss, expenses or any other damage, or any infringement of any laws or regulations, as a result of any such repair or maintenance operation. You alone shall be solely and fully liable for the use you make of the technical information and Products on and from this Website. In addition, you agree to undertake to indemnify and hold harmless Isuzu from and against any third party action, claim and/or demand whatever its nature that Isuzu may be subjected to as a result of the use of such technical information and Products outside the authorization that is expressly granted to you by these Terms and Conditions.
- It is expressly agreed that Isuzu may, in its sole discretion and for any reason whatsoever (including, without limitation, in order to carry out operations involving maintenance, updates or enhancements, in order to solve technical problems relating to the servers, networks or software, or because of the fault of a third party service supplier), from time to time, interrupt, limit, suspend or forbid, totally or partly, access to and/or use of this Website and/or the Products. In its sole discretion, Isuzu may also at any time modify, add or delete one or more of the Products. You acknowledge and agree that the public nature of the Internet makes it impossible for Isuzu to guarantee that each user will be able to access this Website or one of the Products all the time. You acknowledge and agree that neither Isuzu nor its affiliates shall be liable for damages as a result of the interruption, limitation, suspension, or modification or neglected state of this Website or one of the Products.
- Notwithstanding any other provision of these Terms and Conditions, in no event shall Isuzu be liable to you under contract, tort, indemnity, product liability, strict liability or otherwise for any lost profits, lost opportunities, lost data or indirect, special, consequential, incidental, punitive or exemplary damages arising from, in connection with or related to your use of this Website and/or the Products available through this Website, even if Isuzu knew of, should have known of or could reasonably have prevented such damages.
- In no event shall Isuzu be responsible to you for any loss, damage, injury or claim arising in connection with any infringement (or allegations of infringement) by Isuzu with respect to a third party's intellectual property rights.
- In no event shall Isuzu be responsible to you for any loss, damage, injury or claim arising in connection with events of Force Majeure and/or other circumstances beyond the control of Isuzu, including, but not limited to, internal or external company strikes, inclement weather, government or legal restrictions, material modification to markets conventions and computer, internet or other telecommunication breakdowns or disruptions.
You agree that Isuzu may immediately terminate your User ID and password as well as your access to and use of the Products and services acquired by, or to be provided to, you on or through this Website if you breach or violate any provision of these Terms and Conditions, or if Isuzu, in good faith, believes that it is required to do so by law enforcement or other government agencies. You agree that Isuzu will not be liable for any damages arising from or in connection with such termination.
23. Contact Information
If you have any system trouble on this Website, please contact to .
24. Entire Agreement
These Terms and Conditions constitute the entire understanding between you and Isuzu with respect to your use of this Website and the Products acquired through this Website, superseding any prior agreements between you and Isuzu with respect to the matters covered by these Terms and Conditions.
If any provision of these Terms and Conditions is finally adjudicated by a court of competent jurisdiction to be invalid, void or unenforceable, such provision or part of such provision shall be deleted from these Terms and Conditions and the remaining provisions shall continue in full force and effect.
The failure of Isuzu to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision thereafter.
The present Terms and Conditions are written in English. This language shall prevail over any translations in other languages.
28. Applicable Law and Jurisdiction
All matters relating to your access to and use of this Website and any Products acquired through this Website shall be exclusively governed and construed in accordance with the laws of Japan (without giving effect to its conflict of laws principles) and shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods (CISG), the application of which is hereby expressly excluded.
You and Isuzu agree to submit to the personal and exclusive jurisdiction of the Tokyo District Court, in the first instance, in any legal action or proceeding relating to your access to and/or use of this Website and any Products acquired through this Website.
Please indicate your agreement with these Terms and Conditions, generally, and to the provisions of Section 28 (Applicable Law and Jurisdiction), specifically, by clicking the YES button below.