Services Terms and Conditions ("Services Terms")
If you activate or sign up to the Honda connected services, these Services Terms will govern your use of the Honda connected services.
Please read these Services Terms carefully as they include clauses that:
(a) limit or exclude our liability;
(b) allow us to vary the content and features of the Services Packages and Services, these Services Terms and the Service Package Terms; and
(c) provide for no refunds except cancellation of a Service Package within 14 days after the order or payment or where otherwise stated in clauses 19, 21 or 22.
Please read all the Services Terms carefully, but pay close attention to: clause 4 (TCU SIM activation); clause 9 (Content and usage of Service Packages); clause 11 (Automatic renewal of Service Packages); clause 12 (Cancellation and refunds); clause 14 (Acceptable Use of the Services); clause 15 (Warranty); clause 16 (Liability); and clause 17 (Change of Vehicle ownership and Deactivation).
1. Information about these Services Terms
1.1 We are Honda New Zealand Ltd (“Honda”, "we", "us" or "our”).
1.2 You should read these Services Terms carefully before you purchase, order or otherwise use any of the services ("Services") offered by Honda from time to time through a compatible Honda vehicle ("Vehicle") and/or the Honda Connect mobile phone application ("App").
1.3 These Services Terms and the Honda Connect App Terms and Conditions ("App Terms") together represent a legally binding agreement between you and Honda in relation to your purchase, order and/or use of the Services. You will be asked to accept these Services Terms which may require you to tick digital acceptance boxes within the App.
1.4 You understand that by accepting these Services Terms you will be legally bound by them and at the point of acceptance a legally binding agreement between you and Honda shall be formed. If you do not agree to these Services Terms you will not be able to purchase, order or use some or all of the Services.
2. The Services
2.1 In order to use or receive the benefit of the Services in New Zealand, there are certain things which you will need to do. Honda will from time to time notify you of what these things are but you will, amongst other things, need to:
2.1.1 download and install the App on your smart phone (see the App Terms);
2.1.2 create a Honda Account (see the App Terms);
2.1.3 create a Connected Profile (see clause 3);
2.1.4 have a TCU SIM in the Vehicle (see clause 4);
2.1.5 complete Confirmation of Ownership and/or Periodic Confirmation of Ownership for the Vehicle (see clauses 5 and 6);
2.1.6 be the Primary User of the Vehicle (see clause 5); and
2.1.7 have the required Service Package for the Services (see clause 8).
2.2 The Services may vary depending on the model, specification and year of release of the Vehicle. If the Vehicle is not capable of receiving the Services, for example, due to local regulatory requirements or for technical reasons, then Honda is under no obligation to provide the Services to you.
2.3 Further details of the Services which are offered by Honda from time to time can be discussed with your Honda Centre, and are available on the FAQ Pages and in the App. Please note that the Services may have limited functionality where you do not have the most recent version of the App or operating system on your smart phone downloaded.
2.4 In order to use the Services you must be at least 18 years old.
2.5 You must notify all drivers of the Vehicle about the Services and associated collection, use and disclosure of data and personal information by Honda and its related entities.
3. Creating a Connected Profile
3.1 In order to use the Services you will be required to create a Honda connected services profile within the App ("Connected Profile"). To create a Connected Profile you must follow the process described in the App which may include you:
3.1.1 downloading and installing the App on your smart phone;
3.1.2 creating a Honda online user account ("Honda Account") by following the process set out in the App Terms; and
3.1.3 providing further details such as your name, address and/or any other information which is required during the creation of your Connected Profile, or any other details which may be requested by us from time to time.
3.2 You must provide us with true, accurate and complete information when creating a Connected Profile and must maintain and promptly update or change that information from time to time as required.
3.3 If you provide untrue, inaccurate or incomplete information when creating a Connected Profile or do not promptly change or update your information from time to time as required, we reserve the right to terminate your Connected Profile with immediate effect and you may no longer be able to use the Services. Please see clause 17 below for further information about our rights to terminate.
3.4 You agree that you shall, and shall be solely responsible for, keeping your password and any other details relating to your Connected Profile safe and confidential. If you believe that anybody has gained unauthorised access to your Connected Profile you should change your password immediately.
3.5 In order to delete your Connected Profile, please follow the process described in the App, and in order to delete your Honda Account, please contact Honda. If you delete your Honda Account, your Connected Profile will also be deleted automatically so please consider the deletion of your Honda Account carefully.
3.6 If at any time you cease to have a Connected Profile, you will not be able to receive the Services. In such cases Honda shall not be required to issue a refund for any unused Services or be liable for any loss of use or availability of the Services.
4. TCU SIM
4.1 Vehicles capable of receiving the Services contain an embedded subscriber identity module chip ("TCU SIM").
4.2 The TCU SIM may not function if your Vehicle battery power is low.[CT2]
4.3 The TCU SIM and its connection to a mobile telecommunications network is managed by Honda's third party network provider. By purchasing or ordering the Services, you confirm that you consent to the TCU SIM being connected to a mobile telecommunications network.
5. Confirmation of Ownership
5.1 If you have a Vehicle which is capable of receiving Services, once you have created a Connected Profile, you may link the Vehicle to your Connected Profile using the App.
5.2 In order to link the Vehicle to your Connected Profile you will be required to confirm that you are the legal owner of the Vehicle or have the clear and undisputed permission from the legal owner to use the Vehicle as a Primary User (as defined below) ("Confirmation of Ownership").
5.3 To complete Confirmation of Ownership you will need to follow and complete the Confirmation of Ownership process as described in the App. This process may require you to have access to the Vehicle and enter certain information into the App and/or the Vehicle's in-vehicle display unit (the "Vehicle Display Unit") such as the vehicle identification number ("VIN").
5.4 The individual who has completed the Confirmation of Ownership for the Vehicle shall be designated as the primary user of the Vehicle for the purposes of the Services and these Services Terms ("Primary User"). The Primary User is responsible for all access to, and use of, the App and Services in connection with the Vehicle.
5.5 Once Confirmation of Ownership has been completed, the Vehicle will be displayed in a virtual car profile within the App which shows the Vehicles associated with your Connected Profile ("Car Profile"). Please note that designation as the Primary User and/or completion of the Confirmation of Ownership does not mean that you become the legal owner of the Vehicle. This is purely a process implemented by Honda for managing the Services.
5.6 By completing the Confirmation of Ownership and/or a Periodic Confirmation of Ownership (as described in clauses 5 and 6), you warrant and represent to Honda that you are the legal owner of the Vehicle or have the clear and undisputed permission from the legal owner to use the Vehicle as a Primary User. If you are in breach of this clause 5.6, then you agree to pay Honda and/or the legal owner of the Vehicle any losses, costs or other amounts which may be caused or incurred as a result of your wrongful Confirmation of Ownership or Periodic Confirmation of Ownership.
6. Periodic Confirmation of Ownership
6.1 In addition to Confirmation of Ownership when a Connected Profile is linked to the Vehicle for the first time as described in clause 5, from time to time you will be required to re-confirm that you are still the legal owner of the Vehicle or still have permission from the legal owner to use the Vehicle as a Primary User ("Periodic Confirmation of Ownership").
6.2 In order to complete Periodic Confirmation of Ownership, you will be notified from time to time by Honda that you must re-complete Confirmation of Ownership by following the instructions in the App.
6.3 Periodic Confirmation of Ownership is a measure introduced by Honda to help prevent unauthorised usage of the Services and must be completed within the timeframes prescribed by Honda in its notification to you. If you do not complete the Periodic Confirmation of Ownership within the prescribed timeframes, Honda shall be entitled to suspend the Services. In the event of a suspension of the Services, and provided you have an active Service Package which has not expired, you are able to have the suspended Services reinstated at any time by subsequently completing the Periodic Confirmation of Ownership.
6.4 Honda shall not be responsible or liable to you for any loss of or interruption to the Services whatsoever if there is a suspension of the Services as a result of you failing to complete a Periodic Confirmation of Ownership. Similarly, where you have paid for Services in advance (for example through a Subscription Service Package) you agree that you are not entitled to a refund or compensation in relation to any period during which the Services are suspended as a result of you failing to complete a Periodic Confirmation of Ownership.
7. Invited Users
7.1 This clause 7 applies if Honda permits the Primary User to allow additional individuals to use the App and/or the Services with the Vehicle ("Invited Users"). This is currently not available, but may become available in future.
7.2 The Primary User may nominate Invited Users by following the process set out in the App. You agree to only share with Honda the personal details or information of individuals who have requested to become Invited Users and have been provided with any information about such data sharing as may be required by applicable laws.
7.3 There may be limits on the permitted number of Invited Users that are allowed at any one time and further details of such limits are on the FAQ Pages. In order to use the App and/or the Services the Invited User is required to create a Honda Account and a Connected Profile by following the process set out in clause 3 or such other process as may be notified to the Invited User by Honda from time to time.
7.4 Except for clauses 4, 5 and 6, these Services Terms also apply to Invited Users who will need to accept these Services Terms when creating a Honda Account and Connected Profile by ticking digital acceptance boxes within the App. If you are an Invited User you understand that by accepting these Services Terms you will be legally bound by them and at the point of acceptance a legally binding agreement between you and Honda shall be formed. If you do not agree to these Services Terms you will not be able to become an Invited User.
7.5 The Invited User and the Primary User shall be liable to Honda for any acts or omissions of Invited Users and any other user or occupant of the Vehicle (including for any breach of these Services Terms) to the extent that such acts or omissions cause Honda to suffer a loss or incur cost.
7.6 Once an Invited User has completed the required steps, the Vehicle will be displayed in their Car Profile. Invited Users have more limited rights in respect of the Vehicle and the Services than Primary Users, and Invited Users are not able to purchase or subscribe to Service Packages (see clause 8) in their own right. Only the Primary User shall be entitled to purchase or subscribe to Service Packages for the Vehicle and set certain preferences for the Vehicle which the Invited User cannot change. Further information is available in the App.
7.7 If you are an Invited User you:
7.7.1 warrant and represent that you have been invited and authorised by the Primary User to access, use and/or benefit from the App and the Services in relation to the Vehicle you are registering as an Invited User for;
7.7.2 acknowledge that the Primary User and/or other Invited Users may be able to view certain information about your usage of the Vehicle and journey history (as further described in the collection statement and privacy policy); and
7.7.3 you shall have no rights or claims against Honda should the Primary User decide that you are no longer entitled to be an Invited User, including for any loss of use or availability of the Services.
8. Service Packages
8.1 The Services are bundled into packages ("Service Packages") from time to time, which may be provided by:
8.1.1 Honda as standard and/or at no charge ("Standard Service Packages");
8.1.2 Honda in return for a paid subscription ("Subscription Service Packages"); or
8.1.3 a third party organisation in return for a paid subscription ("Third Party Service Packages").
8.2 When purchasing or otherwise using certain Service Packages additional terms and conditions may apply to your purchase and/or use of those Service Packages ("Service Package Terms"). The Service Package Terms are set out at the end of these Services Terms or may be provided to you separately by Honda. If you use the Services making up any Service Packages then you shall be deemed to have accepted, and agree to comply with, the applicable Service Package Terms.
8.3 The Service Package Terms should be read together with these Services Terms. The Service Package Terms are subject to and form a part of these Services Terms and your overall legally binding agreement with Honda (as described in clause 1.4). If there is any conflict or inconsistency between clause 1 to clause 27 of these Services Terms and the Service Package Terms, the Service Package Terms shall prevail (to the extent of such conflict or inconsistency only). For the avoidance of doubt, any Third Party Service Package terms will not prevail over the Service Package Terms.
9. Content and usage of Service Packages
9.1 A Service Package shall, subject to clause 9.3, begin on the date it has been activated which shall be notified to you by Honda and end on the expiry date specified in the App ("Service Package Duration"). At the end of the Service Package Duration, Service Packages may be renewed or purchased in accordance with clause 10 or, if you have previously agreed, automatically renewed in accordance with clause 11. If a Service Package is not renewed or repurchased then you may not be able to use or receive the Services within that Service Package.
9.2 To the extent permitted by law, Honda shall be entitled to vary the content and features of the Service Packages with reasonable prior notice from time to time and Honda makes no guarantee that the Services making up the Standard Services Package will always be provided as standard and/or at no charge (where applicable). Such Services may change to requiring a paid subscription at Honda's discretion and if you wish to continue using such Services you may, for example, be required to purchase the Standard Service Package (or a Subscription Service Package or Third Party Service Package). You may terminate the Service Package within the notice period if you do not agree to the variation.
9.3 Honda may from time to time offer Service Packages on a complimentary basis for a specified Service Package Duration (and that Service Package Duration may begin at an earlier date than it is ultimately activated). Such an offer will be at Honda's absolute discretion and following the end of the applicable Service Package Duration you may be required to pay for the Service Package if you wish to continue to receive the Services.
9.4 All Service Packages are non-transferable (whether to another person or another Vehicle). If the Vehicle is sold or its ownership is transferred before the end of the Service Package Duration then any new owner or user of the Vehicle will be required to purchase a new Service Package if they wish to use or receive the benefit of the Services. Honda shall not be required to issue a refund for any unused portion of a Service Package and you accept responsibility for any loss of use or expenditure if a Service Package ends before the Service Package Duration. For the avoidance of doubt any complementary Service Packages offered in connection with clause 9.2 are also non-transferable in accordance with this clause.
10. Ordering Service Packages
10.1 From time to time you may wish to order a Service Package from Honda, for example, because you want to use certain Services offered by Honda or because your existing Service Package has expired or terminated. Please note that certain Service Packages and Services are only compatible with certain models and specifications of Vehicles and also may only be available in certain countries. Honda is under no obligation to provide the Services to you where the Vehicle is not compatible or the Services are not available in New Zealand.
10.2 Before you can use a Service Package you are not already receiving, you will need to follow and complete an online order process within the App by selecting the Service Package you wish to purchase or order and making any applicable payment to Honda. Payment for a Service Package can be made using most major credit and debit cards. Honda uses a third party payment services provider for the handling of payments for Service Packages.
10.3 Once you have completed your order for the Service Package you must wait until you receive a confirmation email from Honda and your Service Package is displayed within the App as being active. Your order for the Service Package will not be accepted and Honda will not be bound to provide the Service Package and any related Services to you until Honda has confirmed your order and the Service Package is shown in the App as being active.
10.4 The Services are subject to GST or similar sales taxes.
11. Automatic renewal of Service Packages
11.1 This clause 11 applies if Honda permits the Primary User to opt for automatic renewal of a Service Package. This is currently not available, but may become available in future.
11.2 Once a Service Package has been ordered, you may be able to opt for it to be automatically renewed at the end of the Service Package Duration, in which case you will be charged for using the Service Package for the further period of time which is displayed in the App. In such cases you agree and authorise Honda to take the required payment from your credit or debit card at the time the Service Package is automatically renewed.
11.3 Ahead of a Service Package being automatically renewed in accordance with these Services Terms, we may send you an email or other communication to notify you that your Service Package Duration is coming to an end. Please follow the process set out in the App or contact Honda if you no longer want your Service Package to be automatically renewed.
11.4 If you fail to renew a Service Package then you will not be able to receive the corresponding Services. In such cases please follow the process set out in the App or contact Honda.
12. Cancellation and refunds of Service Packages provided by Honda
12.1 Where you place an order for a Service Package provided by Honda using the online order process described in clause 10 or a Service Package is automatically renewed in accordance with clause 11, you are entitled to cancel your order within 14 days of the date of your order without giving any reason. In order to exercise your right of cancellation you must follow the process described in the App. For the process applicable to Third Party Service Packages, please see clause 13 below.
12.2 Where you have cancelled an order in accordance with clause 12.1, we will refund any payment you have made to us in connection with the order as soon as practicable. If you have used a Service Package before exercising your right of cancellation we may make a reasonable pro rata deduction from your refund to cover your corresponding use of the Service Package. If you cancel a Service Package after 14 days of the date of your order then you shall not be entitled to a refund unless clauses 19, 21 or 22 apply.
12.3 Refunds will be made to the same payment method used to pay for the order. Nothing in these Services Terms affects any legal rights you may, including under the Consumer Guarantees Act 1993 or the Fair Trading Act 1986.
13. Third Party Service Packages
13.1 Third Party Service Packages may be made up of goods and/or services that are provided by a third party organisation which is not part of the Honda group of companies ("Third Party Provider").
13.2 In order to purchase Third Party Service Packages you may be required to accept and agree to the relevant terms and conditions and policies of the Third Party Provider ("Third Party Terms") and pay fees to the Third Party Provider. Further legal terms and conditions applicable to Third Party Service Packages are set out in the Service Package Terms applicable to Third Party Service Packages and the applicable Third Party Terms.
13.3 You agree to comply with the Third Party Terms and pay any applicable fees to the Third Party Provider. To the extent permitted by law, we shall not be liable for the acts or omissions of any Third Party Providers (including, but not limited to, any issues relating to the functionality or availability of any Third Party Service Packages).
13.4 You agree that if you cancel any Third Party Service Packages you may not be able to receive the full benefit of the Services and you may not be entitled to a refund for any other Service Packages you have paid for in advance but can no longer use.
13.5 You are responsible for cancelling Third Party Service Packages which you are subscribing to or paying to receive in connection with the Services. Please note that you may have certain rights to a refund from the Third Party Provider in the event of cancellation of your order with them and such rights should be discussed with the relevant Third Party Provider and not Honda. In addition, Honda shall not be responsible for any amounts you are required to pay to a Third Party Provider despite you no longer using the Services.
13.6 Please be aware that Third Party Providers may collect, use and disclose your personal information and that Third Party Terms may apply between you and the Third Party Provider. We may change our Third Party Providers from time to time and will notify you if this is the case.
14. Acceptable Use of the Services
14.1 You may not use the Services contrary to what is stated in these Services Terms and any applicable Service Package Terms.
14.2 You agree:
14.2.1 not to copy the Services except where it is necessary for the purposes of back-up or operational security;
14.2.2 not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the Services (unless permitted elsewhere in these Services Terms, for example, in the case of Invited Users);
14.2.3 not to make alterations to, or modifications of, the whole or any part of the Services, or permit the Services or any part of the same to be combined with, or become incorporated in, any other programs; and
14.2.4 not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the Services.
14.3 You must:
14.3.1 not use the Services or any of their features in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Services Terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the Services, the Vehicle or any other operating system;
14.3.2 only use the Services for their intended use and in a reasonable manner;
14.3.3 inform Honda as soon as reasonably practicable if changes to the ownership of the Vehicle occur (including but not limited to the sale, theft or loss of the Vehicle, or unauthorised use of the Vehicle);
14.3.4 ensure that all drivers or users of the Vehicle are made aware that the App includes the ability to track the Vehicle, including its location;
14.3.5 not infringe our intellectual property rights or those of any third party in relation to your use of the Services or any of their features;
14.3.6 notify Honda immediately upon becoming aware of any error or malfunction in, or issue with, the Services, use of the Services in breach of these Services Terms, or unlawful activity on the mobile network provided for in the Services;
14.3.7 not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the Services or any of their features;
14.3.8 not use the Services or any of their features in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
14.3.9 not collect or harvest any information or data from any aspect of the Services or our systems or attempt to decipher any transmissions to or from the servers running the Services.
14.4 You agree not to use the Services in a way that:
14.4.1 would be in breach of applicable laws, including any road traffic laws and regulations in New Zealand and any legislation applicable to the use of handheld devices while driving; or
14.4.2 is unsafe or may cause a risk of injury to persons or damage to property.
14.5 Honda does not warrant that all Services are suitable or safe for use in all circumstances, or lawful in all countries. You agree that you are responsible for the safe use of the Vehicle and the Services and you agree at all times to use reasonable skill and judgement when using or receiving the Services.
15. Warranty
15.1 We agree to provide the Services to you with reasonable skill and care and will use our reasonable efforts to make the Services available to you at all times. However, you acknowledge and agree that:
15.1.1 the Services will not be error free or constantly available without any interruption. The availability and functionality of the Services may be dependent on the availability of mobile telecommunications networks, other Third Party Service Packages, a GPS signal, and other factors relating to the Vehicle;
15.1.2 the Services may not operate properly or at all if the Vehicle has not been maintained and kept in a good working order or where you fail to install any required software updates; and
15.1.3 the Services may be subject to periods of unavailability or disruption during times where maintenance, updates and modifications are being carried out (this may also include instances where Third Party Service Packages are being maintained, updated or modified by the relevant Third Party Provider).
15.2 The Services are provided for your convenience and are not intended to replace any part of the driving task. You should remain alert at all times and drive safely. The Services do not constitute insurance and you shall not be entitled to rely on the Services to limit any potential liability you may have in the event of an accident.
16. Liability
16.1 If we fail to comply with the Services Terms, we may be responsible for direct loss or damage you suffer that arises from our breach of the Services Terms or our negligence, but, subject to any rights you might have under the Consumer Guarantees Act 1993, we are not responsible for any special, indirect or consequential loss or damage, including loss of profit, loss of business, business interruption, loss of opportunity, or loss or corruption of data.
16.2 We only supply the Services (and any messages, data, information, content and other material provided in connection with the Services) for domestic and private use. You agree not to use the Services for any commercial, business or re-sale purposes.
16.3 We are not liable for the services provided by, or actions of, Third Party Providers, including their privacy and security measures.
16.4 We do not in any way exclude or limit our liability for:
16.4.1 death or personal injury caused by our negligence;
16.4.2 fraud or fraudulent misrepresentation; or
16.4.3 any matter which it is not permitted by law to limit or exclude, or attempt to limit or exclude, our liability.
16.5 Nothing in these Services Terms affects any legal rights you may have in law, including under the Consumer Guarantees Act 1993 or the Fair Trading Act 1986.
17. Change of Vehicle ownership and deactivation of the Services
17.1 If the Primary User ceases to be the legal owner of the Vehicle or ceases to have the clear and undisputed permission from the legal owner to use the Vehicle as a Primary User, for example due to the Vehicle being sold or following a request from the legal owner of the Vehicle, then the Primary User must promptly deactivate the Services ("Deactivation"). The Primary User can complete Deactivation by visiting a Honda Centre or contacting Honda for further instructions.
17.2 Following Deactivation, Honda may do one or more of the following:
17.2.1 cancel any active Service Package(s);
17.2.2 remove the link between your Connected Profile from the Vehicle; and/or
17.2.3 remove references to your Connected Profile and any stored settings, information, or other personal data from the Vehicle.
17.3 Once you have completed Deactivation you will no longer be able to use the Services in connection with the Vehicle and Honda shall not be required to issue a refund for any unused Services or be liable for any loss of use or availability of the Services. You may be able to continue to use the App but with limited functionality. Please see our privacy policy for further details of how Deactivation might affect your data we are in possession of.
17.4 If you fail to complete Deactivation following, for example, a sale of the Vehicle or a change of Primary User, you agree not to continue to use the Services or App in connection with the Vehicle (by way of example you will not track any subsequent Primary User, Invited User, Vehicle owner or other user of the Vehicle through the App or the Services).
17.5 We shall not be liable or responsible for failure by you to complete Deactivation following, for example, a sale of the Vehicle or a change of Primary User. Any new owner of the Vehicle may be able to carry out a new Confirmation of Ownership which will automatically remove the Vehicle from your Car Profile and transfer it into their Car Profile.
17.6 If we suspect or become aware that you are no longer the Primary User or no longer have the permission of the legal owner of the Vehicle to be a Primary User, we shall be entitled to deactivate or suspend:
17.6.1 the link between your Connected Profile and the Vehicle; and
17.6.2 your Service Package(s),
unless you can prove to our reasonable satisfaction that you are still the Primary User or still have the permission of the legal owner of the Vehicle to be the Primary User. In such cases Honda shall not be required to issue a refund for any unused Services or be liable for any loss of use or availability of the Services.
18. Termination of the Services by Honda
18.1 In the event that you breach these Services Terms we shall be entitled to immediately terminate or suspend your use of the Services by providing you with notice. You will be liable to pay us any reasonable costs, losses or other liabilities which we incur or suffer as a result of such breach.
18.2 We shall also be entitled to immediately terminate your use of the Services if we stop providing the App and/or the Services in New Zealand or to our customers more generally for any reason.
18.3 In the event that Honda terminates your use of the Services:
18.3.1 under clause 18.1, you shall not be entitled to any refund for any amounts you have paid in advance for Services you are no longer entitled or able to use. This means that you will not be able to recover any amounts from Honda in relation to any period that you are unable to use the Services for following termination;
18.3.2 under clause 18.2, we will pay you a pro rata refund of any amounts paid in advance by you in respect of the remaining period of any Standard Service Package or Subscription Service Package which follows the date of its termination; and
18.3.3 you should liaise with any Third Party Providers you have purchased Third Party Service Packages from to cancel that Third Party Service Package and reclaim a refund for the corresponding Services if permitted by the Third Party Provider. Honda shall not be responsible or liable to you for any loss of use of a Third Party Service Package where the Services are terminated under clause 18.
19. Termination of the Services by you
19.1 You shall be entitled to terminate the Services if:
19.1.1 we breach these Services Terms in a material way;
19.1.2 we change these Services Terms or any relevant Service Package Terms and such change is detrimental to you (as described in clause 21); or
19.1.3 we fundamentally change the Services and such change is detrimental to you (as described in clause 22).
19.2 In the event that you terminate the Services under clause 19.1:
19.2.1 we will pay you a pro rata refund of any amounts paid in advance by you in respect of the remaining period of any Standard Service Package or Subscription Service Package which follows the date of its termination; and
19.2.2 you should liaise with any Third Party Providers you have purchased Third Party Service Packages from to cancel that Third Party Service Package and reclaim a refund for the corresponding Services if permitted by the Third Party Provider. Honda shall not be responsible or liable to you for any loss of use of a Third Party Service Package where the Services are terminated under clause 19.
20. Consequences of termination
20.1 If the Services are terminated in accordance with these Services Terms (including under clause 18 or clause 19), you will no longer be able to use the Services.
21. Changes to these Services Terms and Service Package Terms
21.1 We may update these Services Terms and the Service Package Terms from time to time, for example, to comply with changes in the law, to take account of new products, services or apps we may offer, or for other reasons.
21.2 We may change these Services Terms and/or the Service Package Terms at any time by notifying you of a change when you next start the App and you will be deemed to have accepted those changes if you continue to use the Services. Where we consider those changes are detrimental to you, you will be asked to agree to and accept the updated Services Terms and/or Service Package Terms by ticking digital acceptance boxes within the App in order to continue to use the Services.
21.3 If you do not agree to the updated Services Terms and/or Service Package Terms you may not be able to use the Services. You understand that by accepting and agreeing to the updated Services Terms and/or Service Package Terms as prescribed under clause 21.2 you will be legally bound by them.
21.4 If we make any changes to these Services Terms or the Service Package Terms which are detrimental to you, we shall give you prior notice of any such changes and you may contact us to terminate the Services within 14 days.
21.5 If you decide to terminate the Services under clause 21.4 and those Services form a part of a Subscription Service Package then we will pay you a pro rata refund of any amounts paid in advance by you in respect of the remaining period of the Standard Service Package or Subscription Service Package following the date of termination. You should liaise with any Third Party Providers you have purchased Third Party Service Packages from to cancel that Third Party Service Package and reclaim a refund for the corresponding Services if permitted by the Third Party Provider. Honda shall not be responsible or liable to you for any loss of use of a Third Party Service Package where the Services are terminated under clause 21.4.
22. Changes to the Services
22.1 We may update the Services from time to time, for example, to comply with changes in the law, to take account of new products, services or apps we may offer, or for other reasons such as to improve safety and security. This may include discontinuing Services altogether or changing their features or functionalities.
22.2 Should a Service which you use be discontinued or fundamentally changed and this is detrimental to you, we shall give you prior notice of any such changes and you may contact us to terminate the Services within 14 days.
22.3 If you decide to terminate the Services under clause 22.2 and those Services form a part of a Standard Service Package or a Subscription Service Package then we will pay you a pro rata refund of any amounts paid in advance by you in respect of the remaining period of the Subscription Service Package following the date of termination. You should liaise with any Third Party Providers you have purchased Third Party Service Packages from to cancel that Third Party Service Package and reclaim a refund for the corresponding Services if permitted by the Third Party Provider. Honda shall not be responsible or liable to you for any loss of use of a Third Party Service Package where the Services are terminated under clause 22.2.
23. Events Outside Our Control
23.1 We shall not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Services Terms that is caused by any act or event beyond our reasonable control, including but not limited to:
23.1.1 failure of public or private telecommunications networks; or
23.1.2 failure of the Services due to lack of GPS signal, lack of internet connection, adverse weather conditions, natural disasters, change of law or any governmental directions or orders, or as a result of a serious collision which destroys all or part of the TCU SIM or any interconnected system with the Vehicle (including your mobile phone) to the extent that the same no longer functions to enable the transmission or receipt of information;
each an “Event Outside Our Control”.
23.2 If an Event Outside Our Control takes place that affects the performance of our obligations under these Services Terms:
23.2.1 our obligations under these Services Terms will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control; and
23.2.2 we will use our reasonable endeavours to find a solution to performance of our obligations under these Services Terms despite the Event Outside Our Control.
24. Privacy
Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our collection statement and privacy policy, which explains how we collect, use and disclose your personal information, how to access and seek correction of your personal information and how to contact us if you have a query or complaint about the use of your personal information.
25. Intellectual property rights
25.1 The Services and all intellectual property rights in the Services are owned by us, our affiliates, or our licensors (as applicable). “Intellectual property rights” means rights such as: copyright, trade marks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind whether or not they are registered or unregistered (anywhere in the world). We, our affiliates, and our licensors reserve all of our and their rights in any intellectual property in connection with the Services. This means, for example, that we and they remain owners of such intellectual property rights and are free to use them as we and they see fit.
25.2 Subject to these Services Terms and your payment of any applicable fees to us or any Third Party Providers, we shall provide you with a licence to use the Services. This licence, which may include certain intellectual property rights of Honda, our affiliates, or our licensors, is non-exclusive and non-transferable. This licence may only be used for the purposes of, and in accordance with, these Services Terms and any applicable Service Package Terms.
25.3 Except as expressly set out in these Services Terms or any applicable Service Package Services Terms, you are not granted any rights in or to the intellectual property rights of Honda, our affiliates, or our licensors.
25.4 Unless otherwise specified, all trademarks used in connection with the Services are the property of Honda, our affiliates, or our licensors (as applicable).
25.5 To the extent permitted by law, we may suspend or terminate any part of the Services where the licence we obtained from a third party expires or terminates and affects that part of the Services.
26. Other terms
26.1 When we use the words "writing" or "written" in these Services Terms, this will include email unless we say otherwise.
26.2 Words such as “including” and “for example” do not limit the words preceding them.
26.3 We may transfer our rights and obligations under these Services Terms to another organisation, but this will not affect your rights or our obligations under these Services Terms.
26.4 You may only transfer your rights or your obligations under these Services Terms to another person if we agree to this with you in writing.
26.5 These Services Terms are between you and us. No other person shall have any rights to enforce any of these Services Terms.
26.6 Each clause and paragraph of these Services Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining clauses and paragraphs of these Services Terms will remain in full force and effect.
26.7 If we fail to insist that you perform any of your obligations under these Services Terms or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
27. Applicable laws
27.1 These Services Terms are governed by the laws in force in New Zealand. This means that your use of the Services, and any dispute or claim arising out of or in connection with the Services (including non-contractual disputes or claims), will be governed by the laws in force in New Zealand.
27.2 You and we can bring legal proceedings in respect of these Services Terms in the courts exercising jurisdiction in New Zealand.
28. Service Package Terms and features
28.1 Virtual Dashboard
28.1.1 The Virtual Dashboard is made available in the App and displays certain information relating to the Vehicle.
28.1.2 As part of the functioning of the Virtual Dashboard, vehicle data will be transmitted from the Vehicle to the App periodically.
28.1.3 The data included within the App may be inaccurate, incomplete and/or out of date due to the periodic exchange of data between the Vehicle and the App or due to Events Outside Our Control. To view the latest Vehicle data available we recommend that you refer to the data displayed within the Vehicle.
28.2 Remote Functions
28.2.1 Remote Vehicle functions are available via the App (“Remote Functions”).
28.2.2 The Remote Functions may change from time to time but, as at the date of these Services Terms, include services such as Remote Engine Start, Remote Lock, Remote Unlock, Remote Light, and Remote Diagnostic Support.
28.2.3 Using the Remote Functions in your App may result in settings changing in the Vehicle and vice versa. It is your responsibility to ensure that you use Remote Functions safely and do not harm anybody who may be inside or outside the Vehicle at the time. In order to promote safety, the Remote Functions may automatically switch off after a set time period.
28.2.4 You may be required to complete additional verification in order to use a Remote Function, which may include the use of fingerprint via Touch ID, facial recognition via Face ID, or a PIN code. If you elect to complete verification through a PIN code and fail verification 5 times, certain Services, such as the Remote Functions, may be temporarily disabled.
28.2.5 Honda shall not be responsible or liable to you for any loss of, or interruption to, the Services if there is a suspension of any part of the Services as a result of you failing to complete such verification. You are not entitled to a refund or compensation in relation to any period of suspension.
28.2.6 You may request that we, or our service providers, operate a Remote Function on your behalf. Where Honda is following your express instructions, Honda shall not be liable for any loss or damage arising from, or in connection with, fulfilling your request.
28.2.7 While Honda aims to provide a reliable connected service, the Remote Functions may be subject to Events Outside Our Control which may lead to inconsistent response times or inaccurate data.
28.2.8 The Remote Functions may use geo fencing technology. Geo fencing will result in the tracking of the location of the Vehicle and any of its occupants. Please see our collection statement for further details.
28.2.9 Geo fencing may only be used by the Primary User of the Vehicle. Geo fencing is not available to Invited Users.
28.2.10 The distances and areas prescribed when setting a geo fence are approximate only and therefore a notification may not be sent to you exactly when the Vehicle leaves the geo fenced area. In addition, there may be a time delay between Honda being notified that the Vehicle has left the geo fence area and you receiving a notification from Honda in relation to the same.
28.2.11 You must not use the Remote Functions once you are no longer the owner of the Vehicle or, if you are an Invited User, the Primary User is no longer the owner of the Vehicle.
28.2.12 We shall not be liable or responsible for your continued use of the Remote Functions in breach of clause 28.2.11.
28.3 In-Car Wi-Fi Hotspot
28.3.1 The Services may include an option to activate In-Car Wi-Fi Hotspot. This is currently not available, but may become available in future.
28.3.2 The In-Car Wi-Fi Hotspot will be provided by a Third Party Provider and will therefore be subject to Third Party Terms. Honda shall not be responsible for any loss of use or unavailability of the In-Car Wi-Fi Hotspot.
28.3.3 In order to receive the In-Car Wi-Fi Hotspot you will need to:
(a) have downloaded and installed the App on your smart phone and created a Honda Account and a Connected Profile (see clause 4 above);
(b) have a TCU SIM in the Vehicle and be subscribed to the In-Car Wi-Fi Hotspot service; and
(c) follow any instructions provided by Honda or its Third Party Provider from time to time, including agreeing to any Third Party Terms for the provision of the In-Car Wi-Fi Hotspot.
28.3.4 The In-Car Wi-Fi Hotspot will be provided using the Vehicle's TCU SIM. Please note that the following circumstances may result in your TCU SIM being unavailable meaning that you will not be able to use the In-Car Wi-Fi Hotspot:
(a) removing the Vehicle from your Car Profile or deleting your Honda Account or Connected Profile;
(b) failing to complete the Confirmation of Ownership or Periodic Confirmation of Ownership (as described in clauses 5 and 6);
(c) where the Services are terminated by you or Honda (such as under clauses 18 or 19) or an Event Outside Our Control occurs.
28.3.5 Honda shall not be responsible or liable to you for any loss of use or unavailability of the In-Car Wi-Fi Hotspot (including where any of the circumstances in 28.3.4 apply). Please discuss this further with the relevant Third Party Provider.
28.3.6 The In-Car Wi-Fi Hotspot is operated using the In-Car Wi-Fi Hotspot app. Please follow the instructions on the Vehicle Display Unit and see the FAQ Pages for further details.
28.3.7 If you no longer wish to receive the In-Car Wi-Fi Hotspot you are responsible for cancelling your subscription. Please note that your rights to cancellation and rights to a refund should be discussed with the relevant Third Party Provider and not Honda. Honda shall not be responsible for any amounts you are required to pay to a Third Party Provider despite you no longer using the In-Car Wi-Fi Hotspot.
28.4 Auto Collision Detect
28.4.1 The Auto Collision Detect feature will notify us if the airbag in the Vehicle is deployed.
28.4.2 We will endeavour to call you at the phone number recorded on your Honda Account if we are notified that the airbag in the Vehicle has been deployed.
28.4.3 If our call is not answered, we will call an ambulance or other emergency responder to attend the location of your Vehicle that is recorded at the time the airbag was deployed. You will be responsible for the costs of the ambulance or other emergency responder.
28.4.4 We make no guarantees about the manner, timeliness, or outcome of any emergency responder.
28.5 Security Alarm
28.5.1 You will receive a notification in the App if the security alarm in the Vehicle is activated.
28.5.2 You must turn on App notifications to use the Security Alarm feature.
28.6 Social Networking Site Posting
28.6.1 You will be able to share certain details from the App, including your trip log and driving behaviour score, to your social media pages.
28.6.2 You are responsible for information that you share to your social media pages.
28.6.3 You must comply with road traffic laws at all times and the availability of the Social Networking Site Posting feature does not encourage speeding or dangerous driving.
28.7 SOS and Emergency Call
28.7.1 The App will contain important contact details, including to 111 and our Call Centre.
28.7.2 Those contact details are provided for convenience only and should not be relied upon in an emergency.
