ACKNOWLEDGEMENT OF TERMS AND CONDITIONS ON THIRD-PARTY SERVICES
Version 202411 Last updated as of 4 Nov 2024
Honda new Zealand Limited (“Honda,” “we,” or “us,” including Honda group companies) provides you with your Honda vehicle (the “Vehicle”), and a third-party service operator other than Honda group companies (the “Third Party”) may separately provide a service that enables you as the user (“you”) to use various functions and services by utilizing the Vehicle or its equipment or connections (the “Third-Party Services”). The Third-Party Services shall be contracted independently and directly by you with the Third Party. We shall be in no event a party to an agreement between you and the Third Party with respect to the Third-Party Services. Please note that (i) the Third-Party Services will be directly and solely provided by the Third Party, and (ii) Honda only provides the Vehicle, does not support the Third-Party Services, and does not assume any obligations or liabilities with respect to the Third-Party Services. Please note that (i) the third-party services provided via the Honda Connect Application (the “Honda App”) shall be governed by the terms and conditions of the Honda App, and (ii) Terms (defined below) shall not apply to the third-party services provided via the Honda App.
This Acknowledgement of Terms and Conditions on Third-Party Services (this “Acknowledgement,” and these terms and conditions are these “Terms”) constitutes the agreement between you and Honda regarding the Third-Party Services. You can only use the Third-Party Services after you have accepted these Terms. Upon acceptance, you are bound by these Terms and any later changes or amendments thereto. We may change these Terms at any time after giving you advance written notice. Changes will not apply retroactively and will become effective 7 days after they are posted. However, changes regarding new functions for the Third-Party Services or changes made for legal reasons will be effective immediately. By continuing to access or use the Third-Party Services after those changes become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using the Third-Party Services.
The Third-Party Services. You acknowledge and agree that the Third-Party Services will be offered in New Zealand and for your use of the Vehicle in New Zealand only. To use a certain portion of the Third-Party Services, you may need a network connection by using smartphone tethering procured by you. Your Vehicle may need adequate network connection. The Third-Party Services may transmit data to and from you and/or us. To properly use the Third-Party Services, your mobile device must be equipped with competent operating systems that may be designated by the Third Party. The Third-Party Services involve software that we or the Third-Party may need to change from time to time. You agree to this being done remotely without you being notified. The Third-Party Services will be offered to you in accordance with the terms and conditions that may be separately provided by the Third Party (the “Third-Party T&Cs”) and the standards as specified in these Terms, in accordance with the applicable laws.
If you use the Third-Party Services, it may be necessary for your wireless carrier to disclose your customer information, including location information, to the Third Party. Refer to the Third-Party T&Cs for more information on how the Third-Party Services will collect, maintain, use, and disclose your information.
Your Agreements. By accessing or using the Third-Party Services, you confirm that you have reached 18 years of age and that you are able to enter into a binding contract under applicable laws. To access the Third-Party Services, you may be required to set up an account, and login with a valid user ID and password. You promise to be fully responsible for the protection of your password. You acknowledge and agree that the Third-Party Services are directly provided by the Third Party and we do not support the Third-Party Services or assume any obligations or liabilities with respect to the Third-Party Services unless otherwise agreed in writing between Honda and you.
Your Responsibility. You are solely responsible for complying with all applicable laws, including traffic laws. The Third-Party Services do not release you from your obligation and responsibility to comply with all applicable laws, including but not limited to traffic laws. By using the Third-Party Services, you agree not to interfere with the proper workings of the Vehicle. You agree to be responsible for all activities that occur with respect to your information, including your accounts or passwords.
Warranty Disclaimers. Your Vehicle’s limited warranty does not cover the Third-Party Services. Honda cannot promise uninterrupted or problem-free services, or that the data or information provided to you will be error-free. Honda hereby expressly disclaims any and all warranties of any kind, express or implied, regarding the Third-Party Services and any data, information, and services provided thereby, including any warranties as to content, quality, accuracy, timeliness, completeness, correctness, reliability, non-infringement, merchantability, or fitness for a particular purpose. The exclusions of warranties contained in these Terms apply to you to the fullest extent that such limitations or exclusions are permitted under the applicable law.
We: (i) do not guarantee that the Third-Party Services, and any hardware, services, and applications not developed by nor under the control of Honda, will function correctly with the Vehicle; (ii) expressly deny any liability related to involvement and interaction with the Third-Party Services and such Third Party hardware, services, and applications; and (iii) cannot guarantee and expressly disclaim liability for the privacy and security compliance of the Third Party, including that which concerns conversations or data transmissions over the communication network.
Limitation of Liability. Under no circumstances shall Honda or its affiliates, contractors, employees, agents, or third-party vendors, partners, licensors, or suppliers be liable for any special, indirect, incidental, consequential, punitive, reliance, or exemplary damages arising out of or relating to these Terms or resulting from your use of or inability to use the Third-Party Services, or any other interactions with Honda. The limitation of liability shall be applicable to the fullest extent permitted by applicable laws.
Suspension of Third-Party Services and Termination. Honda or the Third-Party may suspend or terminate your access to the Third-Party Services at its sole discretion and any time without any notification, payment, or procedure. Honda reserves the right to terminate these Terms at any time in accordance with the applicable laws.
Governing Law. These Terms shall be governed by the laws of New Zealand.
Settlement of Disputes. Unless otherwise settled by the parties hereto through their mutual consultation, all disputes, controversies or differences which may arise between the parties hereto out of or in relation to or in connection with this Acknowledgement or any other agreements entered into between the parties hereto in connection with this Acknowledgement, or any breach thereof shall be finally settled by arbitration in Auckland New Zealand, by which each party hereto shall be bound.
General Conditions. If any provision contained herein is found or held to be illegal, void, or unenforceable, the legality, validity, and enforceability of the remainder of these Terms shall not be affected and shall stay in full force and effect. You agree that Honda may amend the illegal, void, or unenforceable part of these Terms, provided that the amendment shall reflect the intention expressed by these Terms to the extent permitted by law. The failure of Honda to exercise or enforce any right or provision of these Terms shall not constitute a waiver of the same. Any waiver of any provision of these Terms shall be effective only if in writing and signed by Honda. You may not assign these Terms, or any rights or obligations hereunder, without express written prior consent from Honda. Honda may assign, in whole or in part, these general Terms, or any rights or obligations hereunder. You agree to consent to such assignment and to provide all necessary assistance and support therefor, including the execution of all documents, to the extent required upon receiving Honda's written request to do so.