App Terms and Conditions ("App Terms")

These App Terms govern your use of the Honda Connect App. Please read these App Terms carefully as they include clauses that:

(a) limit or exclude our liability; and

(b) allow us to vary the these App Terms and the App.

Please read all the App Terms carefully, but pay close attention to: clause 4 (Accuracy of Information and Third Parties); clause 6 (Warranty) and clause 7 (Liability).

1. Information about these App Terms

1.1 We are Honda Australia Pty Ltd (ACN 004 759 611) (“Honda”, "we", "us" or "our”).1.2 You should read these App Terms carefully before you use the Honda Connect mobile phone application ("App"). These App Terms represent a legally binding agreement between you and Honda in relation to your use of the App.

1.3 You will be asked to accept these App Terms when using the App which may require you to tick digital acceptance boxes within the App. You understand that by accepting these App 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 App Terms you will not be able to use the App.

1.4 If you have a compatible Honda vehicle ("Vehicle") you may be able to purchase, order or otherwise receive certain services through the App and/or the Vehicle ("Services"). Separate terms and conditions apply to such Services.

2. Use of the app

2.1 In order to download and install the App you must have a compatible smart phone with the required operating system installed (Android OS v.4.0 or later, or Apple iOS v.8.0 or later) and a sufficient amount of memory. These requirements will be subject to change from time to time and further information may be available in the relevant store you intend to download the App from (such as the Apple App Store, the Google Play Store or the HUAWEI AppGallery) ("Appstore"). We do not sell the App to you, instead, you purchase and/or download the App from therelevant Appstore.

2.2 We license use of the App to you conditional upon you complying with these App Terms and any rules or policies applied by the Appstore where you downloaded the App from. This licence expires when these App Terms are terminated by you or us in accordance with clause 11.2.3 In order to download and use the full functionality of the App you will require access to a mobile network and/or an internet connection. You may incur data fees and charges from third parties (such as a mobile network or internet provider) in connection with your use of the App. You are solely responsible for all such fees and charges. If you do not wish to incur such fees and charges then you should not use that smart phone to access the App.

2.4 You confirm that you are the owner of the smart phone onto which the App is downloaded and used or that you have obtained permission from the owner to use that smart phone for the purposes of downloading and using the App.

2.5 From time to time, updates to the App may be issued through the relevant Appstore. Please note that the App and any associated 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. Please see clause 8 below for further information.

2.6 In order to use the App you must be at least 18 years old or such other age as may be: (i) specified in these App Terms or the Services Terms, or (ii) required in Australia in order to use the App and/or the Services.

2.7 The App is only available in certain countries and languages as listed on the FAQ Pages. The list of countries and languages may change from time to time at Honda's discretion.

3. Creating a Honda Account

3.1 In order to use the App you will be required to have a Honda online user account created on the Honda website or within the App ("Honda Account"). To create a Honda Account you must follow the process described on the Honda website or in the App. This may include you providing your name, email address, contact telephone number and/or any other information which is required during the account creation process or otherwise requested by us from time to time.

3.2 You must provide us with true, accurate and complete information when creating a Honda Account 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 Honda Account or do not promptly change or update your information from time to time as required, we reserve the right to terminate your Honda Account with immediate effect and you may no longer be able to use the App. Please see clause 11 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 Honda Account safe and confidential. If you believe that anybody has gained unauthorised access to your Honda Account you should change your password immediately.

3.5 If you already have a Honda Account, please use your existing login details and password in order to sign into the App. In order to use certain features of the App and/or the Services you will be required to complete further steps which are set out in the terms and conditions applicable to the Services referred to in clause 1.4.

3.6 In order to delete your Honda Account, please go to the account management area of the App or contact Honda. Please note that if you delete your Honda Account you will not be able to use the App or the Services.

4. Accuracy of information and third parties

4.1 While we try to make sure that the App is accurate, up-to-date and free from bugs, we cannot guarantee that it will be. Furthermore, we cannot guarantee that the App will be fit or suitable for any purpose.

4.2 Any reliance that you may place on the information on the App is at your own risk as that information constitutes an estimate only and could be inaccurate, incomplete or out of date.

4.3 The App may contain links to other independent third party websites, information, products or services ("Third Party Materials"). Third Party Materials are not under our control, and we are not responsible for and do not endorse any of them. Likewise, Honda does not guarantee that any information on the App which is provided by a third party (including as part of any Third Party Materials) is up to date, complete or accurate. You will need to make your own independent judgement regarding your interaction with or purchase and use of any Third Party Materials.

4.4 Any arrangements entered into between you and a provider of Third Party Materials shall be between you and the relevant provider only. We shall not be liable for the acts or omissions of any provider of Third Party Materials (including, but not limited to, any issues relating to their functionality or availability).

4.5 The App can be used on its own but the full features as described on the Appstore can only be utilised by you linking the App with the Vehicle, and the legal owner of the Vehicle or a person with undisputed permission from the legal owner ordering certain service packages from Honda as further described in the terms and conditions applicable to the Services referred to in clause 1.4.

5. Acceptable Use of the App

5.1 You may not use the App contrary to what is stated in these App Terms. You agree:

5.1.1 not to copy the App except where it is necessary for the purposes of back-up or operational security;

5.1.2 not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the App;

5.1.3 not to make alterations to, or modifications of, the whole or any part of the App, or permit the App or any part of it to be combined with, or become incorporated in, any other programs; and

5.1.4 not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the App.

5.2 You must:

5.2.1 only use the App for its intended use and in a reasonable manner;

5.2.2 not use the App or any of its features in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these App Terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses or harmful data, into the App;

5.2.3 not infringe our intellectual property rights or those of any third party in relation to your use of the App or any of its features;

5.2.4 ensure that all drivers or users of the Vehicle are made aware that the App includes the ability to track the Vehicle;

5.2.5 not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any of its features;

5.2.6 not use the App or any of its features in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and

5.2.7 not collect or harvest any information or data from any aspect of the App or our systems or attempt to decipher any transmissions to or from the servers running the App.

5.3 You agree not to use the App in a way that:

5.3.1 would be in breach of applicable laws, including any road traffic laws and regulations in any country; or

5.3.2 is unsafe or may cause a risk of injury to persons or damage to property.

5.4 Honda does not warrant that all of the functionalities of the App are suitable or safe for use in all circumstances. You should consider carefully the impact any use of the App may have on persons or property around you or the Vehicle.

6. Warranty Disclaimer

6.1 Your Vehicle’s limited warranty does not apply to the App. To the extent permitted by law, you acknowledge and agree that:

However, you acknowledge and agree that:

6.1.1 the App will not be error free, up to date or constantly available without any interruption. The availability, accuracy and functionality of the App may be dependent on the availability of your mobile network, an internet connection or GPS signal, or other factors relating to the Vehicle;

6.1.2 certain functionalities within the App may not operate properly or at all if the Vehicle has not been maintained and kept in a good working order; and

6.1.3 the App may be subject to periods of unavailability or disruption during times where maintenance, updates and modifications are being carried out.

7. Liability

7.1 If we fail to comply with the App Terms, we may be responsible for direct loss or damage you suffer that arises from our breach of these App Terms or our negligence, but 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.

7.2 We only supply the App (and any messages, data, information, content, or other material provided in conjunction with the App) for domestic and private use. You agree not to use the App for any commercial, business or re-sale purposes. 

7.3 Nothing in these App Terms affects any legal rights you may have, such as under the Competition and Consumer Act 2010 (Cth).

8. Changes to these App Terms and/or the App

8.1 We may update these App Terms and/or the App 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.

8.2 We may change these App Terms at any time by notifying you of a change when you next start the App or, where possible, sending a notification to the device on which the App is installed. You will be deemed to have accepted those changes if you continue to use the App but, where those changes are detrimental to you, you will be asked to agree to and accept the updated App Terms by ticking digital acceptance boxes within the App.

8.3 If you do not agree to the updated App Terms you may not be able to use the App. You understand that by accepting and agreeing to the updated App Terms you will be legally bound by them.

9. 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 explain 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.

1. You agree that we may disclose and/or transfer and/or sell anonymised data to third parties. We may disclose and/or transfer certain data to the following categories of recipients for the purposes as specified in our Privacy Policy.

Our affiliates: We may disclose your personal data to our affiliates and related bodies corporate, including Honda Motor Co., Ltd., and/or Honda R&D Co., Ltd., for the purposes as specified in the Privacy Policy.

Service providers: We may disclose and/or transfer your personal data to third-party service providers, including our call centres, as part of our normal course of business for several purposes including facilitating your use of services.

Third parties: For the purpose of offering additional services, promotions, offers, or privileges to you and for the purposes as specified in our Privacy Policy, we may disclose your personal data to our third parties acting as controllers as follows:

1. your insurance broker;
2. your insurance companies;
3. financial institution;
4. the police, fire department, or ambulance service, and other enforcement agencies;
5. our authorised dealers who have sold you the Honda vehicle or offer services to you;
6. our suppliers and other business partners within the lawful purposes specified herein;
7. telecommunication operators;
8. local, national and foreign authorities in accordance with applicable law;
9. acquirers or parties interested in acquiring business units, companies or other parts of Honda or our affiliates; and
10. other parties in potential or actual legal proceedings in accordance with applicable law.

9.2.4: Other third parties: We may disclose your personal data to governmental agencies, regulatory authorities, law enforcement or courts in accordance with legal requirements or to cooperate to the fullest extent possible with any law enforcement agency. This includes using or disclosing information as required or permitted by telecommunications laws, industry codes and legislation, including the Telecommunications Act (Cth) and the Telecommunications (Interception and Access Act 1979 (Cth) (which includes data retention provisions). We may also disclose your personal data to our external advisors such as lawyers, accountants, auditors.

10. Intellectual property rights

10.1 The App and all intellectual property rights in the App 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 App. 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.

10.2 Subject to these App Terms and your payment of any applicable fees to us, we shall provide you with a licence to use the App. 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 App Terms.

10.3 Except as set out in these App Terms, you are not granted any rights in or to the intellectual property rights of Honda, our affiliates, or our licensors.

10.4 Unless otherwise specified, all trademarks used within the App are the property of Honda, our affiliates, or our licensors (as applicable).

11. Ending your use of the App

11.1 You are entitled to stop using the App at any time by deleting your Honda Account or contacting Honda to delete your Honda Account.

11.2 In the event that you breach these App Terms we shall be entitled to immediately terminate or suspend your use of the App 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.

11.3 We shall also be entitled to immediately terminate your use of the App if we stop providing the App in Australia or to our customers more generally for any reason.

12. Events Outside Our Control

12.1 We shall not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these App Terms that is caused by any act or event beyond our reasonable control, including but not limited to:

12.1.1 failure of public or private telecommunications networks;

12.1.2 failure of the App or any Services due to lack of GPS signal, lack of internet connection, adverse weather conditions, natural disasters, or change of law or any governmental directions or orders,

each an “Event Outside Our Control”.

12.2 If an Event Outside Our Control takes place that affects the performance of our obligations under these App Terms:

12.2.1 our obligations under these App 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

12.2.2 we will use our reasonable endeavours to find a solution by which our obligations under these App Terms may be performed despite the Event Outside Our Control.

13. Other App Terms

13.1 When we use the words "writing" or "written" in these App Terms, this will include email unless we say otherwise.

13.2 We may transfer our rights and obligations under these App Terms to another organisation without your consent, but this will not affect your rights or our obligations under these App Terms.

13.3 You may only transfer your rights or your obligations under these App Terms to another person if we provide our prior written consent.

13.4 These App Terms are between you and us. No other person shall have any rights to enforce any of these App Terms, except any organisation to whom we transfer our rights to under clause 13.2.

13.5 Each clause and paragraph of these App 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 App Terms will remain in full force and effect.

13.6 If we fail to insist that you perform any of your obligations under these App 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.

14. Applicable laws

14.1 These App Terms are governed by the laws in force in Victoria, Australia. This means that your use of the App, and any dispute or claim arising out of or in connection with the App (including non-contractual disputes or claims), will be governed by the laws in force in Victoria, Australia.

14.2 You and we can bring legal proceedings in respect of these App Terms in the courts exercising jurisdiction in Victoria, Australia.

15. Other terms

15.1 In addition to these App Terms, there are certain terms and conditions which apply specifically to certain services, functionalities and features which you may use through the App or a Vehicle, including the Honda connected services, which are governed by the Services Terms set out below (after these App Terms).

15.2 If you purchase, order or use those services, such other terms and conditions also form a part of your legally binding agreement with Honda. The other terms and conditions shall apply if and when you use any of the corresponding services, functionalities and features.

15.3 If there is any conflict or inconsistency between these App Terms and such other terms and conditions, such other terms and conditions shall prevail (to the extent of such conflict or inconsistency only).

 

 

Services Terms and Conditions ("Services Terms")

If you activate or sign up to the Honda Connected Services, these Service Terms will govern your use of the Honda Connected Services.

1. Information about these Services Terms

1.1 We are Honda Australia Pty Ltd (ACN 004 759 611) (“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, 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 Subscription Plan for the Services (see clause 7).

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 of the Honda website 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 By accessing or using the Services, you confirm that you are the owner of the Vehicle or are otherwise authorised to use the Vehicle and are legally permitted to drive in the relevant State or Territory. We offer the Services to one account created and associated with one Vehicle. You warrant that you are the owner or authorised user of the Vehicle to which the Services are supplied. You are not authorised to use multiple accounts for the same Vehicle, and we are not liable for any loss or damage caused by using or attempting to use multiple accounts in respect of the same Vehicle.

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 16 below for further information about our rights to terminate.

3.4 You agree that you shall keep, 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 and its connection to a mobile telecommunications network is managed by Honda’s third party telecommunication 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 Subscription Plan 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 Plan) you agree that you are not entitled to a refund or compensation in relation to any period during which the Services are suspended.

7. Subscription Plan Services

7.1 The Services are provided to you under an applicable subscription plan (“Subscription Plan”) once you subscribe to the Services.

7.2 You may use the Services without paying a Monthly Subscription Fee (as defined below) ("Trial Subscription”) for 5 (five years) from the date you purchase the Vehicle ("Trial Subscription Period” after which you will be offered a Subscription Plan in accordance with clause 8.1. For example, if you purchase a Honda Vehicle on 1 January 2020 and subscribe to the connected services, you will get these services without incurring a Monthly Subscription Fee until 1 January 2025. From 2 January 2025, you will pay the Monthly Subscription Fee payable at that time if you subscribe to further Services.

7.3 The Subscription Plan is subject to and forms a part of these Services Terms and your overall legally binding agreement with Honda (as described in clause 1.4).

8. Content and usage of Subscription Plans

8.1 A Subscription Plan shall, subject to clause 8.3, 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 ("Subscription Duration"). At the end of the Subscription Duration, Subscription Plans may be renewed or purchased in accordance with clause 9 or, if you have previously agreed, automatically renewed in accordance with clause 10. If a Subscription Plan is not renewed or repurchased, then you may not be able to use or receive the Services within that Subscription Plan.

8.2 To the extent permitted by law, Honda shall be entitled to vary the content and features of the Subscription Plan with reasonable prior notice from time to time and Honda makes no guarantee that the Services making up the Subscription Plan 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 a paid Subscription Plan. You may terminate the Subscription Plan within the notice period if you do not agree to the variation.

8.3 Honda may from time to time offer Subscription Plans on a complimentary basis for a specified Subscription Duration (and that Subscription 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 Subscription Duration you may be required to pay for the Subscription Plan if you wish to continue to receive the Services

8.4 All Subscription Plans 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 Subscription Plan Duration, then any new owner or user of the Vehicle will be required to purchase a new Subscription Plan 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 Subscription Plan and you accept responsibility for any loss of use or expenditure if a Subscription Plan ends before the Subscription Duration. For the avoidance of doubt, any complementary Subscription Plans offered in connection with clause 8.2 are also non-transferable in accordance with this clause.

9. Ordering Subscription Plans

9.1 From time to time, you may wish to order a Subscription Plan from Honda, for example, because you want to use certain Services offered by Honda or because your existing Subscription Plan has expired or is terminated. Please note that certain Subscription Plans 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 Australia.

9.2 Before you can use a Subscription Plan you are not already receiving, you will need to follow and complete an online order process within the App by selecting the Subscription Plan you wish to purchase or order and making any applicable payment to Honda. Payment for a Subscription Plan can be made using most major credit and debit cards. Honda uses a third party payment services provider for the handling of payments for Subscription Plans.

9.3 Once you have completed your order for the Subscription Plan, you must wait until you receive a confirmation email from Honda and your Subscription Plan is displayed within the App as being active. Your order for the Subscription Plan will not be accepted and Honda will not be bound to provide the Subscription Plan and any related Services to you until Honda has confirmed your order and the Subscription Plan is shown in the App as being active

9.4 The Services are subject to GST or similar sales taxes.

9.5 For assistance with questions regarding these Service Terms, you may refer to the help section of the App before contacting our Customer service team phone at Tel. 02 918 68137. If you are experiencing financial hardship, please contact our Customer service team and refer to our Financial Hardship Policy available on our website.

10. Automatic renewal of Subscription Plans

10.1 If you provide a valid credit card number or similar payment method and you choose to subscribe to a Subscription Plan, you authorise us to automatically renew the Subscription Plan for a monthly subscription, beginning on the scheduled expiration date, and monthly thereafter, by charging the Monthly Subscription Fee to your account unless you cancel your subscription in advance or in accordance with clause 16. We will notify you before automatically renewing your subscription or charging you the Monthly Subscription Fee, including sending you a notification at least ten (10) business days before any renewal takes place. You may terminate your subscription at any time in accordance with clause 16.

10.2 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 have, including under the Competition and Consumer Act 2010 (Cth).

11. Acceptable Use of the Services

11.1 Your use of the Service is subject to reasonable use requirements as set out in Honda’s Fair Use Policy, which is available on our website. You acknowledge the consequences set out in Honda’s Fair Use Policy if the reasonable use requirements are exceeded.

11.2 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.

11.3 You must ensure that any Services are lawful in Australia before using those Services.

12. Warranty Disclaimer

12.1 Your Vehicle’s limited warranty does not apply to the Services. To the extent permitted by law, you acknowledge and agree that:

12.1.1 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, a GPS signal, and other factors relating to the Vehicle;

12.1.2 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

12.1.3 the Services may be subject to periods of unavailability or disruption during times where maintenance, updates and modifications are being carried out.

12.2 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.

13. Liability

13.1 To the extent permitted by law, including under the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth) (ACL)), Honda or its affiliates, contractors, employees, agents, or third-party vendors, partners, licensors, or suppliers exclude all liability for:

13.1.1 any death or injury of any person or any loss, damage or destruction of any property, whether the loss, damage or destruction is consequential damages, loss of profits, loss of data or business interruption costs arising from, or in connection with the use of the Services, other than for gross negligence, fraud or wilful misconduct on the part of Honda;

13.1.2 any indirect or consequential loss (including loss of profits, loss of data or business interruption costs) arising out of or relating to these Terms or resulting from your use of or inability to use the Services other than for gross negligence, fraud or wilful misconduct on the part of Honda.

13.2 To the extent permitted by law, our liability for breach of any term, condition, guarantee or warranty that is implied by law and cannot lawfully be excluded by us, including the consumer guarantees set out in the ACL and all similar or equivalent legislation, is limited to (at our option):

13.2.1 in the case of goods, including the Honda Connect Application (to the extent it is considered a good under applicable law) – repairing, replacing or supplying equivalent goods, or paying the cost of any of those remedies to you; or

13.2.2 in the case of services, including the Services – supplying the services again or paying the cost of having the services supplied again.

13.3 Without limiting or affecting any other provision of this document, to the extent permitted by law, Honda’s maximum aggregate liability to you for any loss, damage, liability or expense you incur or claims you make against us under or in connection with these Service Terms is limited to the total amount paid by you for the portion of the Services giving rise to the claim during the 12 months preceding the date your claim arose.

13.4 Nothing in these Services Terms affects any legal rights you may have in law, such as under the Competition and Consumer Act 2010 (Cth).

14. Change of Vehicle ownership and deactivation of the Services

14.1 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.

14.2 Following Deactivation, Honda may do one or more of the following:

14.2.1 cancel any active Subscription Plan(s);

14.2.2 remove the link between your Connected Profile from the Vehicle; and/or

14.2.3 remove references to your Connected Profile and any stored settings, information, or other personal data from the Vehicle.

14.3 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.

14.4 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, Vehicle owner or other user of the Vehicle through the App or the Services).

14.5 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.

14.6 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:

14.6.1 the link between your Connected Profile and the Vehicle; and 

14.6.2 your Subscription Plan(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.

15. Termination of the Services by Honda

15.1 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.

15.2 We shall also be entitled to immediately terminate your use of the Services if we stop providing the App and/or the Services in Australia or to our customers more generally for any reason.

15.3 In the event that Honda terminates your use of the Services:

15.3.1 under clause 15.1, 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; and 15.3.2 under clause

15.2, we will pay you a pro rata refund of any amounts paid in advance by you in respect of the remaining period of any Subscription Plan which follows the date of its termination.

16. Cancellation and Termination of the Services by you You may cancel your Subscription Plan and terminate the Services at any time and without cause.

17. Consequences of termination

17.1 If the Services are terminated in accordance with these Services Terms (including under clause 15 or clause 16), you will no longer be able to use the Services.

18. Changes to these Services Terms

18.1 We may update these Services 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.

18.2 We may change these Services 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 any changes to these Service Term are detrimental to you, you will be asked to agree to and accept the updated Service Terms by ticking digital acceptance boxes within the App in order to continue to use the Services.

18.3 If you do not agree to the updated Services Terms and you may not be able to use the Services. You understand that by accepting and agreeing to the updated Services Terms as prescribed under clause 18.2 you will be legally bound by them.

18.4 If we make any changes to these Services Terms which are detrimental to you, we shall give you prior notice of any such changes. You may cancel a Subscription Plan or terminate the Services at any time.

18.5 If you decide to terminate the Services under clause 18.4 and those Services form a part of a Subscription Plan then, where applicable, 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 Plan. following the date of termination.

19. Events Outside Our Control

19.1 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:

19.1.1 failure of public or private telecommunications networks; or 

19.1.2 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”.

19.2 If an Event Outside Our Control takes place that affects the performance of our obligations under these Services Terms:

19.2.1 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

19.2.2 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.

20. 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 are incorporated into these Service Terms), 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.

21. Intellectual property rights

21.1 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, trademarks, 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.

21.2 Subject to these Services Terms and your payment of any applicable fees to us 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.

21.3 Except as expressly set out in these Services Terms , you are not granted any rights in or to the Intellectual Property Rights of Honda, our affiliates, or our licensors.

21.4 Unless otherwise specified, all trademarks used in connection with the Services are the property of Honda, our affiliates, or our licensors (as applicable).

22. Other terms

22.1 When we use the words “writing” or “written” in these Services Terms, this will include email unless we say otherwise.

22.2 Words such as “including” and “for example” do not limit the words preceding them.

22.3 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.

22.4 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.

22.5 These Services Terms are between you and us. No other person shall have any rights to enforce any of these Services Terms.

22.6 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.

22.7 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.

23. Applicable laws

23.1 These Services Terms are governed by the laws in force in Victoria, Australia. 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 Victoria, Australia.

23.2 You and we can bring legal proceedings in respect of these Services Terms in the courts exercising jurisdiction in Victoria, Australia.

24. Subscription Plan features

24.1 Virtual Dashboard

24.1.1 The Virtual Dashboard is made available in the App and displays certain information relating to the Vehicle.

24.1.2 As part of the functioning of the Virtual Dashboard, vehicle data will be transmitted from the Vehicle to the App periodically.

24.1.3 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.

24.2 Remote Functions

24.2.1 Remote Vehicle functions are available via the App (“Remote Functions”).

24.2.2 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.

24.2.3 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.

24.2.4 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.

24.2.5 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. The geo fencing feature provides you with a notification when your vehicle leaves a particular geographical radius, as set by you. In some circumstances, when the vehicle moves in or out of the radius, it is possible that the system will experience a delay to update and alert of the vehicle’s location in the Honda Connect Application. The cause of such delay may include interruptions in the network where the car is located or other similar environmental factors.

24.2.6 Geo fencing may only be used by the Primary User of the Vehicle.

24.2.7 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.

24.2.8 You must not use the Remote Functions once you are no longer the owner or Primary User of the Vehicle.

24.2.9 We shall not be liable or responsible for your continued use of the Remote Functions in breach of clause 24.2.8.

24.3 In-Car Wi-Fi Hotspot

24.3.1 The Services may include an option to activate In-Car Wi-Fi Hotspot. This is currently not available, but may become available in future.

24.3.2 The In-Car Wi-Fi Hotspot may 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.

24.3.3 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.

24.3.4 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 15 or 16) or an Event Outside Our Control occurs.

24.3.5 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 24.3.4 apply).

24.3.6 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.

24.3.7 If you no longer wish to receive the In-Car Wi-Fi Hotspot you are responsible for cancelling your subscription.

24.4 Auto Collision Detect

24.4.1 The Auto Collision Detect feature will notify us if the airbag in the Vehicle is deployed.

24.4.2 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.

24.4.3 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.

24.5 Security Alarm 24.5.1 You will receive a notification in the App if the Security Alarm in the Vehicle is activated.

24.5.2 You must turn on App notifications to use the Security Alarm feature.

24.6 Social Networking Site Posting 24.6.1 You will be able to share certain details from the App, including your trip log and driving behaviour score, to your social media pages.

24.6.2 You are responsible for information that you share to your social media pages. 24.6.3 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.

24.7 SOS and Emergency Call

24.7.1 The App will contain important contact details, including to 000 and our Call Centre.

24.7.2 Honda does not provide ‘000’ call functionality from the Vehicle. If you call ‘000’ through the Application (by selecting the button and accepting the in-app pop-up message) the call will be transferred to your own mobile device. Honda does not warrant or guarantee that any third party service providers will respond in a timely manner or at all.

24.8 Speed Alert Service

24.8.1 The Speed Alert Service feature allows you to set an alert where a particular speed is reached in the vehicle. When using the Speed Alert system, any speed limits will be set by you. The setting of any speed limit using this feature does not in any way affect your legal obligations to abide by applicable traffic laws at all times.

24.9 Light Collision Notification 24.9.1 Where Air Bag Deployment is not detected, this triggers the Light Collision Notification system. In these circumstances, a notification is uploaded to the server and the notification is sent to the user, the Honda call centre, and the registered emergency contact.

24.9.2 The Honda customer support team will engage in reasonable efforts, with reference to the severity of the incident, to provide support in emergency situations. Such support may include contacting the individual involved in the accident, arranging emergency support and liaising with emergency services to assist these services to determine your location and condition.

24.10 Personal Data Wipe

24.10.1 The Personal Data Wipe feature allows you to clear all saved data from your in-car system. You are solely responsible for performing the Personal Data Wipe. If you select "Factory Data Reset" from "System" and agree to the precautions, the audio and navigation system will erase data and return the system to factory default settings.

24.11 Remote Light & Horn

24.11.1 The Remote Light & Horn feature allows you to activate and control lights and the horn in the vehicle remotely from your smartphone via the Honda Connect Application. For example, this feature may be used to locate your vehicle (such as in a parking lot).

24.12 Digital Key

24.12.1 The Digital Key feature allows you to unlock the door and start the engine of the vehicle remotely from your smart phone via the Honda Connect Application. To activate this feature, you must perform a personal authentication.

24.13 Recall Notification

24.13.1 In the unlikely event we need to communicate a Recall event to you, a notification will be issued via the Honda Connect Application. It remains your responsibility to act on the notification of a Recall. Recall Notification may be communicated as a high-priority message.

24.14 Remote Immobiliser

24.14.1 The Remote Immobiliser feature allows you to disable the engine in the Vehicle remotely via the Honda Connect Application. This may be used, for example, in circumstances where you believe your Vehicle to have been stolen.