Welcome and Thank you for choosing the Honda Connect ® mobile application, which consistsof various features including Connected Car Service (hereinafter referred to as the "Application"), supporting the ownership experience for your Honda Car (the "Car") manufactured and sold in India by Honda Cars India Limited(hereinafter referred to as "HCIL").
As used in this Agreement, the terms "you" and "your" which is binding shall be deemed to refer to any person or entity who has purchased or leased a Car equipped with, or uses as a driver or occupant (e.g., additional drivers, passengers) of your Car, the Application and/or has activated the Application.
Also, as used in this Agreement, the terms "we," "us," "our", "HCIL." shall be deemed to collectively refer to the following persons/entities: (i) HCIL, its affiliates(which include Honda Motor Co. Ltd., Japan, Honda R& D Co. Ltd., Japan and other Honda Companies), successors and assigns and dealersin India; (ii) Service Providers, their affiliates, successors and assigns; and (iii) any employees, directors, officers, subcontractors, representatives and agents of any of the foregoing.
Our Customer care number is 1800-113-121 or 011-39898918.
PLEASE READ ALL PAGES OF THIS AGREEMENT COMPLETELY BEFORE USING ANY HONDA CONNECT MOBILE APPLICATION SERVICE AND RETAIN A COPY FOR YOUR FILES.
1. Honda Connect Mobile Application features:
- The Application gives you access to interactive features and digital services, some of which are provided by third parties ("Third Party Service Providers"), that enhance your user experience and may utilize data collected from you or the Car ("Connected Car Services").
- Honda Connect Mobile Application provides information and servicesrelated to your Honda car.
For TCU Users: Car comes fitted with connected device from the company and the first-time activation is supported by Honda authorized dealers. The Connected Car service provides you with a number of safety, security,convenience and peace of mind services. Connected Services are subscription based services which will be activated once customer gets them activated via authorized Honda dealership. The services shall be which will be activated only when the customer activates for usage and accept these terms and conditions (Connected Car Service Terms). The connected car services come to you at free of cost (Complementary) for limited time as declared in model brochure / website. After closure of complementary period, the subscription rates shall be applicable as declared at that point of time.
For Accessory SolutionUsers: One of the features of the Application is Connected Car Service which is a Paid service provided by Mindai-Connect Private Limited. The Connected Car service provides you with a number of safety, security,convenience and peace of mind services. The Connected Car Services are paid service which will be activated only when the customer subscribes to use and accept these terms and conditions("Connected Car Service Terms").
2. Entering into a Binding Agreement
These Terms define the full agreement between You and HCIL where applicable, the Third Party Service Providers for the use of the Application. This replaces any earlier agreements between You and HCIL and/or the Third Party Service Providers (other than the applicable Connected Car Service Terms) regarding the subject matter hereof. By downloading, installing, and/or using this Application on Your smart phone, other mobile device or computer ("Internet-enabled Device"), You shall be conclusively deemed to have accepted these Terms and entered into a binding agreement. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD, INSTALL OR USE THIS APPLICATION. These Terms do not create any fiduciary relationship, partnership relationship, principal and agent relationship, or employee and employer relationship between You and HCIL or the Third Party Service Providers.
3. Representations about You
You represent that you are above 18 years of age and reside in India and you will only use the Application in India.You further represent that you have the capacity and authority to agreeto these Terms and you are only entering into these Terms on your own behalf.
4. Connect Car Services Requirements
For TCUUsers: In order to access and receive Connected Car Services via this Application, youneed tohave an active and properly functioning Connected Car system titled as "Telematics Control Unit (TCU)" installed in Your Car, you need to activate the services viaHonda authorized dealers. The connected services being provided are subscriberbased and for subscription applicability kindly refertothe website or relevant model brochures. Your carmust be within range of appropriate communications networks and/or Wi-Fi access and global positioning satellites, and You must accept the applicable Connected Car Service Terms (which may set forth additional requirements and limitations).
For Accessory Solution Users: In order to access and receive Connected Car Services via this Application, You must have an active and properly functioning Connected Car system titled as "Connected Device" installed in Your Car, You must be subscribed to the applicable Connected Car Services and have the appropriate plan or equipment to use such Connected Car Services, You must be within range of appropriate communications networks and/or Wi-Fi access and global positioning satellites, and You must accept the applicable Connected Car Service Terms (which may set forth additional requirements and limitations).
5. User Account, Password, and Security
5.2 You shall be responsible for maintaining the confidentiality of the Account Information, and are fully responsible for all activities that occur under Your Account. You agree to (a) immediately notify HCIL of any unauthorized use of your Account Information orany other breach of security, and (b) ensure that You exit from Your Account at the end of each session. HCIL cannot and will not be liable for any loss or damage arising from your failure to comply with these conditions. You may be held liable for lossesincurred by HCIL or any other user of or visitor to the Honda connect due to authorized or unauthorized use of Your Account as a result of your failure in keeping Your Account Information secure and confidential.
5.3 You shall ensure that the Account Information provided by you at the time of registration is complete, accurate and up-to-date. Use of another user's Account Information for availing the Services is expressly prohibited.
5.4 If You provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or HCIL has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, HCIL has the right to suspend or terminate Your Account and refuse any and all current or future use of the Services(or any portion thereof).
5.5 You agree that it is Your responsibility to use the Application in a responsible manner, including abiding by all applicable laws and/or rules (including but not limited to any laws relating to use of mobile devices while driving). HCIL encourages You to operate Your Car in a responsible manner and not to use the Application while operating the Car. HCIL shall assume no responsibility in case you use Honda Connect Mobile Application or operate smart phone while driving and meet up with an accident, resulting in death/ injury.
5.6 For TCUUsers: You agree and understand that as HCIL is providing the service under the Agreement, you should not hold HCIL responsible for the performance/ functioning of your mobile phone due to downloading or usage of Honda Connect Mobile Application on your mobile.
For Accessory Solution Users: You agree and understand that as HCIL is only a facilitator and is not providing the service under the Agreement, you should not hold HCIL responsible for the performance/ functioning of your mobile phone due to downloading or usage of Honda Connect Mobile Application on your mobile.
5.7 You agree that you will only use the Application with respect to a Car that you own or are authorized to control.
6. Pricing Information
For TCUUsers: These are subscription based services, the connected car services come to you at free of cost(Complementary) for limited time as declared in model brochure / website. After closure of complementary period, the subscription rates shall be applicable as declared at that point of time. Honda Connect payment platform shall enable you to make payment towards subscription renewal. You shall not use the credit / debit card which is not lawfully owned by you, i.e. in any transaction, you must use your own credit / debit card.For payment through app, it takes you to third party platform and HCIL has no role to play with the transaction.The information provided by you will not be utilized or shared with any third party unless required to complete your transaction or in relation to fraud verifications or by law, regulation or court order. You will be solely responsible for the security and confidentiality of your credit / debit card details.
For Accessory Solution Users: You agree to provide correct and accurate credit / debit card details to the approved payment gateway for availing Services for connected car service provided to you by Mindai-Connect Private Limited. You shall not use the credit / debit card which is notlawfully owned by you, i.e. in any transaction, you must use your own credit / debit card. The information provided by you to Mindai-connect Private Limited will not be utilized or shared with any third party unless required to complete your transaction or in relation to fraud verifications or by law, regulation or court order.You will be solely responsible for the security and confidentiality of your credit / debit card details.
HCIL shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the authorization for any transaction for any reason whatsoever.
7. Connected Car Service -(Service Activation, Duration & Cancellation)
7.1. ACTIVATION. YOU CAN ONLY USE THE HONDA CONNECT APPLICATIONBY ACCEPTING THE TERMS AND CONDITION OF THE AGREEMENT.
For TCU Users: These are subscription based services, the connected car services come to you at free of cost (Complementary) for limited time as declared in model brochure / website. After closure of complementary period, the subscription rates shall be applicable as declared at that point of timewhich may be informed via notification at that point in time. . PLEASE NOTE THAT IN CASE THE SAME IS NOT RENEWED THEN THE SERVICE WILL BE IMMEDIATELY STOPPED.
For Accessory Solution Users: Your Service starts as set out above and continues for the length of time specified in your Service Plan (the "Initial Service Period"). AFTER THE EXPIRATION OFYOUR INITIAL SERVICE PERIOD, YOUR CONNECTEDCAR SERVICE NEEDS TO BE RENEWEDwhich may be informed via notification at that point in time. PLEASE NOTE THAT IN CASE THE SAME IS NOT RENEWED THEN THE SERVICE WILL BE IMMEDIATELY STOPPED.
7.3 Our Cancellation and Suspension Rights.
For TCU Users: HCIL may cancel your Connected Car Service without cause, in which case HCIL will give you notice thirty (30) days prior to the effective date of cancellation after which your account will be deactivated and your Connected Car Service will terminate.This means that HCIL can decide to cease providing the Connected Car Service to you at any time and for any reason, even for reasons unrelated to you or your account with us. We can also suspend it for network or system maintenance or improvement, or if there is network congestion, or if we suspect your Connected Car Service is being used for any illegal purpose that would allow us to cancel it.
For Accessory Solution Users: Minda-I -Connect may cancel your Connected Car Service without cause, in which case Minda-i-Connect will give you notice thirty (30) days prior to the effective date of cancellation after which your account will be deactivated and your Connected Car Service will terminate. This means that Minda-I -Connect can decide to cease providing the Connected Car Service to you at any time and for any reason, even for reasons unrelated to you or your account with us. We can also suspend it for network or system maintenanceor improvement, or if there is network congestion, or if we suspect your Connected Car Service is being used for any illegal purpose that would allow us to cancel it.
7.4 TRANSFERRING, REACTIVATING OR CHANGING YOUR SERVICE.
For TCU Users: Unless we agree otherwise, you cannot transfer your Honda Connect Mobile Application and Connected Car Service to another person. In case you plan to sell the vehicleor have already sold the vehicle,it is your responsibility to inform HCIL for discontinuation of services. You are responsible to inform HCIL via authorized dealership to update records that you no-longer own the vehicle and connected car services shall be temporarily suspended and the ownership of updating in HCIL records lies with you. As new owner updates his records with HCIL through call centre, connected services of the car shall resume on new owner profile for remainingsubscription period.
For Accessory Solution Users: Unless we agree otherwise, you cannot transfer your Honda Connect Mobile Application and Connected Car Service to another Vehicle or another person.
8. Equipment Requirements
8.1 Applicable for Accessory solution users only:You understand that proper operation of the Honda Connect Mobile Application requires certain equipment and services as mentioned below, that HCIL does not provide, maintain or operate but instead it is the responsibility of either You and/or third parties.
Applicable for TCU users: in Clause 8.2, first 3 points are valid for TCU Users
8.2 Toproperly use the Application, You must have equipment that meets at least the following minimum requirements ("Equipment Requirements"):
- Android or iOS based Mobile device with following configuration:
Supported screen resolution
iPhone 5S & above
iOS 11.0 & above
320 X 568 points | 640 X 1136 pixels
Any Phone which supports mentioned Android OS versions
Android 7.0 & above
720 X 1480 pixels
- Internet connection through Wi-Fi or cellular network connection and any appropriate data plan
- Appropriate security on the Internet-enabled Device (e.g., no alterations to device security (e.g., jail-broken or rooted mobile devices might not be supported for security reasons) and/or a certain level of device security or security protocols may be required)
- Connected Device installed in the car
You further understand that requirements for your equipment or connection may change at any time, without notice, and further access to the Application may require acceptance of additional agreements or a newer version of these Terms (e.g., the Application may become obsolete by a newer version, which may require updating an operating system, which may require downloading a new version of the Application, and accepting a newer version of these Terms).
8.3 For using Connected Device usage and warranty terms and condition, please read the terms and provided along withthe Connected Device at the time of purchase.(applicable for Accessory solution users only)
9. Usage License
HCIL hereby grants You a non-exclusive, non-transferable license to download, install and use the Application in accordance with these Terms, subject to your acceptance of the applicable Honda Connect Mobile Application Terms and Condition. You agree not to reproduce, redistribute or use this Application, or any part of it, by any means or for any purposes other thanin accordance with these Terms. You agree that HCIL retains all title and interest in this Application and services provided by them respectively. You agree not to remove, alter, or otherwise obscure any trademark, copyright or other proprietary rights notices contained within or displayed by this Application.
10. Personal, Non-Commercial Use
You may only use the Application for Your own personal, non-commercial use. You may not modify or alter product catalogue available on the Honda Connect; and
Youmay not remove any text, copyright or other proprietary notices contained in the product catalogue available on the Application.
11. Third Party Services
For TCU Users: Use of this Application requires the involvement of hardware, services, and applications that are developed by HCIL, however certainthird partyenablers such as Your Internet-enabled Device, the network provided by Your wireless or Internet service provider, Your browser, email and SMS programs, diallerand other applications are solely your responsibility. HCIL cannot assure You that these thirdpartyenablers likehardware, services, and applications will function correctly with this Application, and expressly denies any liability related to the involvement and interaction with these third party hardware, services, and applications.
For Accessory Solution Users: Use of this Application requires the involvement of hardware, services, and applications that were not developed by HCIL that are not under the control of HCIL such as Your Internet-enabled Device, the network provided by Your wireless orInternet service provider, Your browser, email and SMS programs, diallerand other applications, Connected Device. HCIL cannot assure You that these third party hardware, services, and applications will function correctly with this Application, and expressly denies any liability related to the involvement and interaction with these third party hardware, services, and applications.
Retirement of Network Technology.
Neither HCIL and/or its Third Party Service Providers are obligated to maintain any particular technology, and HCIL and/or its Third Party Service Providers may upgrade/ reduce or terminate 2G, 3G, LTE and any later technology Networks at any time at their sole discretion. HCIL and/or its Third Party Service Providers will provide Customer thirty six (36) months prior written notice of its intention to terminate 2G, 3G, LTE or any later technology Networks on a nationwide basis.
12. Fees, Costs and Other Expenses
This Application makes use of a data network operated by Your wireless or Internet service provider to send data to Your Internet-enabled 'Device, Your Car, and our servers and call centres. Depending on Your data plan, You may incur charges from Your wireless or Internet service provider for use of its network and/or for specific services such as making phone calls, sending or receiving text messages and/or emails or other services. You are solely responsible for any and all costs You incur as a result of Your usage of this Application.
13. Links and External Websites*
This Application may contain links to and from websites. HCIL make no representations whatsoever about any other website that You may have accessed from our websites or through this Application. HCIL is not responsible for the privacy practices or content of those websites and expressly deny any liability whatsoever for use of such websites. It is up to You to take precautions to ensure that whatever You select for Your use is free of items of a destructive nature.
14. User Obligations
14.2. You agree to use the Services and the materials provided therein only for purposes that are permitted by: (a) the Terms; and (b) any applicable law, regulation or generally accepted practices or guide in the relevant jurisdictions.
14.3. You agree to adhere to all limitations on dissemination, use and reproduction of any materials (such as the product catalogues) that you will access the Website.
14.4. You agree not to access (or attempt to access) the Website and the materials or Services by any means other than through the interface that is provided by HCIL. You shall not use any deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, hack, copy or monitor any Hardware, Application, Website or Content (as defined below), or in any way reproduce or circumvent the navigational structure or presentation of the Website, Application, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website.
14.5. By accessing or using the Website or Services, You may be exposed to content from other users that you may consider offensive, indecent or otherwise objectionable. HCIL disclaim all liabilities arising in relation to such offensive content on the Website.
14.6. Our Services may allow you to post or upload files, data, comments or any other material. You hereby undertake to ensure that such material is not offensive and is in accordance with applicable laws. Further,You undertake not to:
- Defame, abuse, harass, threaten or otherwise violate the legal rights of others;
- Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information through any bookmark, tag or keyword;
- Upload files that contain software or other material protected by applicable intellectual property laws unless You own or control the rights thereto or have received all necessary consents;
- Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another's computer;
- Engage in any activity that interferes with or disrupts access to the Website or the Services (or the servers and networks which are connected to the Website);
- Attempt to gain unauthorized access to any portion or feature of the Services, any other systems or networks connected to the Services, to any of our server, by any illegitimate means (including such as hacking and password mining);
- Probe, scan or test the vulnerability of any portion of our Services or any network connected to the Services, nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Website, orany other customer of HCIL, including any HCIL Account not owned by You, to its source, or exploit the Website or Services or information made available or offered by or through the Website, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information;
- Disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, accounts, passwords, servers or vehicle or networks connected to or accessible through the Services or any affiliated or linked sites;
- Collect or store data about other users.
- Use any device or software to interfere or attempt to interfere with the proper working of the Services or any transaction being conducted on the Services, or withany other person's use of the Services;
- Use the Services or any material or Content for any purpose that is unlawful or prohibited by the Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of HCIL or other third parties;
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
- Violate any code of conduct or other guide, which may be applicable to the Services;
- Violate any applicable laws or regulations for the time being in force within or outside India;
- Violate theTermsincluding but not limited to any applicable Additional Terms; and
- Reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, images or software obtained from the Services.
14.7 You agree that You are solely responsible to HCIL and to anythird party for any breach of Your obligations under the Terms and for the consequences for any such breach.
14.8 Youagree that the Hardware (Connected Device) provided to you does not lower or affect the performance of the car in any manner whatsoever.
14.9 You agree to update HCIL records in case you sell the vehicle. The connected car services shall be temporarily suspended till new user registers himself with HCIL through authorized Honda dealership
16. DISCLAIMER OF WARRANTIES; LIMITATION ON LIABILITY*
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THIS APPLICATION IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT Etc., OF THE APPLICATION IS WITH YOUAND HCIL DISCLAIMS ANY LIABILITY WHATSOEVER THAT MAY ARISE AS A RESULT OF THE USE OF THIS APPLICATION. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APPLICATION AND INFORMATION ON THE APPLICATION IS PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, ANDHCIL HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE APPLICATION AND INFORMATION ON THE APPLICATION, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY HCIL OR AN AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY, AND WITHOUT LIMITATION, HCIL DOES NOT GUARANTEE AND DISCLAIM ANY WARRANTY REGARDING THE ACCURACY OF DATA PROVIDED BY THE APPLICATION, SUCH AS MAP, ESTIMATED RANGE, OR OTHER CONTENT OR CAR INFORMATION, HCIL DOES NOT GUARANTEE AGAINST LOSS OF APPLICATION DATA, WHICH MAY BE LOST AT ANY TIME; HCIL DO NOT GUARANTEE THAT THE SERVICES WILL BE PROVIDED AT ALL TIMES OR ALL SERVICES WILL BE AVAILABLE OR ERROR FREE (E.G., SERVICES MAY BE UNAVAILABLE IN YOUR LOCATION, OR MAY BE SUSPENDED OR INTERRUPTED WITHOUT NOTICE FOR REPAIR, MAINTENANCE, SECURITY FIXES, UPDATES, ETC.).
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALLHCIL OR ITS AFFILIATES, OR THIRD PARTY SERVICE PROVIDERS BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, CORRUPTION OR LOSS OF DATA, FAILURE TO TRANSMIT OR RECEIVE ANY DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO THIS AGREEMENT OR YOUR USE OF OR INABILITY TO USE THIS APPLICATION OR INFORMATION ON THE APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE).
HCIL uses reasonable organizational, technical and administrative measures to protect your Information, Data, Personal Information, Sensitive Personal Data/Information from accidental, unlawful, or unauthorized destruction, loss, access, use, alteration, or disclosure under our control. Unfortunately, no data transmission over the Internet or data storage system(s) can be fully secured. HCIL excludes all liability (including negligence) for the consequences of any unauthorized access to, disclosure of, misuse of or loss or corruption of your Data.
HCIL further urges you to follow best and safe security practices for your device on which the Application is installed and also in relation to access to the internet so as to avoid any breach of Data happening at your end. HCIL shall not be responsible for any breach and consequential misuse of Data originated at your end. Therefore, the Application will not work/ is not intended to work on jail broken/rooted phones/devices.
HCIL cannot guarantee or verify the contents of any externally linked website despite its best efforts. You should therefore note, that if you click on any external links at their own risk and this website/ Honda Connect Mobile Application and its owners cannot be held liable for any damages or implications caused by visiting any external links mentioned..
For Accessory Solution Users: THE MAXIMUM AGGREGATE LIABILITYTOWARDS YOU UNDER ANY THEORY (INCLUDING BUT NOT LIMITED TO FRAUD, MISREPRESENTATION, BREACH OF CONTRACT, PERSONAL INJURY, OR PRODUCTS LIABILITY) IS LIMITED TO THE TOTAL AMOUNT PAID BY YOU FOR THE PORTION OF THE CONNECTED CAR FEATURE SERVICE GIVING RISE TO THE CLAIM DURING THE 12 MONTHS PRECEDING THE DATE YOUR CLAIM AROSE.
Limitations on the Service. CUSTOMER ACKNOWLEDGES THAT SERVICE IS MADE AVAILABLE ONLY WITHIN THE OPERATING RANGE OF THE NETWORKS. SERVICE MAY BE TEMPORARILY REFUSED, INTERRUPTED, OR LIMITED BECAUSE OF: (A)FACILITIES LIMITATIONS; (B)TRANSMISSION LIMITATIONS CAUSED BY ATMOSPHERIC, TERRAIN, OTHER NATURAL OR ARTIFICIAL CONDITIONS ADVERSELY AFFECTING TRANSMISSION,WEAK BATTERIES, SYSTEM OVERCAPACITY, MOVEMENT OUTSIDE A SERVICE AREA OR GAPS IN COVERAGE IN A SERVICE AREA AND OTHER CAUSES REASONABLY OUTSIDE OF HCIL and/or ITS THIRD PARTY SERVICE PROVIDERS CONTROL SUCH AS, BUT NOT LIMITED TO, INTENTIONAL OR NEGLIGENT ACTS OF THIRD PARTIES THAT DAMAGE OR IMPAIR THE NETWORK OR DISRUPT SERVICE OR; (C)EQUIPMENT MODIFICATIONS, UPGRADES, RELOCATIONS, REPAIRS, AND OTHER SIMILAR ACTIVITIES NECESSARY FOR THE PROPER OR IMPROVED OPERATION OF SERVICE. CUSTOMER IS SOLELY RESPONSIBLE FOR DETERMINING WHETHER SERVICE IS APPROPRIATE FOR USE WITH CUSTOMER DEVICE(S).
4.5Limitations on Service of Third Party Service Providers.HCIL MAKES NO WARRANTIES OR REPRESENTATIONS AS TO THE AVAILABILITY OR QUALITY OF NETWORK CONNECTIVITY/ ROAMING SERVICE PROVIDED BY THIRD PARTY SERVICE PROVIDERS, AND HCIL WILL NOT BE LIABLE IN ANY CAPACITY FOR ANY ERRORS, OUTAGES, OR FAILURES OF THIRDPARTY SERVICE PROVIDERSNETWORKS.
You agree that you are responsible for any amount anyone else claims fromHCIL, Third Party Service Providers, or their officers, employees, affiliates and agents, plus any expenses, resulting from any claim, demand or action, regardless of the nature of the cause of the claim, demand, or action alleging loss, costs, expenses, damages, or injuries (including injuries resulting in death) arising out of or in connection with (1) Your useof the Honda Connect Application, whether brought by You, Your employees, those claiming through You, or third parties, even if due to the sole negligence of HCIL or the Third Party Service Providers; (2) claims for libel, slander, or any property damage,personal injury or death, arising out of or related in any way directly or indirectly to your use of the Honda Connect Mobile Application or the Connected Car Services; or (3) Your use, failure to use, or inability to use the Honda Connect Mobile Application or the Connected Car Services, except where the claims result from the gross negligence or wilful misconduct of HCIL or the applicable Third Party Service Provider.
18. YOUR INSURANCE OBLIGATIONS.
You clearly understand and agree that the service Honda Connect Mobile Application provides is intended as a convenience. The payments if you make for the Honda Connect Mobile Application Service or Connected Car Service are not related to the value of your Car or any property in it, or the cost of any injury to or damages suffered by you or anyone else as a result of the operation of your Car. We are not an insurance company. You further promise that you shall obtain and maintain appropriate insurance covering personal injury, loss of property, and other risks. FOR YOURSELF AND FOR ANYONE ELSE CLAIMING UNDER YOU, YOU HEREBY RELEASE AND DISCHARGE US FROM AND AGAINST ALL HAZARDS COVERED BY YOUR INSURANCE. NO INSURANCE COMPANY OR INSURER WILL HAVE ANY RIGHT OF SUBROGATION AGAINST US.
19. Notifications; Notice*
All notifications or notices required under these Terms may be provided to You by the email address You have provided to HCIL, and all notifications are deemed given when HCIL sends the email or messageor notification on your registered mobile number. All notifications or notices required under these Terms to be provided to HCIL may be sent to firstname.lastname@example.org and are deemed given when HCIL receives them..
20. Term and Termination*
These Terms become effective immediately upon downloading, installing or using this Application, whichever occurs first, and shall remain in effect until Your use of the Application is terminated, provided that the provisions of the Terms for which the heading is marked with an asterisk (*) shall survive any termination or expiration of these Terms and shall remain in effect indefinitely. You may terminate Your access to this Application at any time. Further, should You transfer Your Car, You agree to notify HCIL. If You transfer Your Car anddo not notify HCIL, You shall remain responsible for all activities associated with the Car and this Application. HCIL reserves the right to terminate these Terms at any time and for any purpose, or for no reason whatsoever, upon notice; except, if You breach these Terms, Your authorization to access or use this Application shall automatically terminates and no notice shall be required for termination. Upon termination, Your right to use this Application shall cease.
HCIL may, in their sole discretion and without prior notice, terminate Your access to the Website/the Application if HCIL determines that You have violated the Terms or Additional Terms. Any violation by You of the Terms will constitute an unlawful and unfair business practice, and will cause irreparable harm to HCIL for which monetary damages is likely to be inadequate, and You consent to HCIL obtaining any injunctive or equitable relief that HCIL deems necessary or appropriate. These remedies are in addition to any other remedies HCIL may have at law or in equity.
22. Intellectual Property*
The text and images on this Application are the property of or are licensed by HCIL or its affiliates or by the applicable Third Party Service Provider, and are subject to copyright and other intellectual property protection. HCIL name and logos are registered trademarks of HCIL or its affiliates. The trademarks and other HCIL names, logos and service marks may not be modified, and they may not be used, downloaded, copied or distributed in any way except as an integral part of the authorized download, copy or transmission of materials in this Application. No license to use any HCIL or Third Party Service Provider intellectual property, beyond that which is included in the Application itself under these Terms, has been granted by these Terms.
23. Entire Agreement; Dispute Resolution, Governing Law; Jurisdiction/Venue*
These Terms contain the entire understanding between HCIL and the Third Party Service Providers and You with respect to the subject matter hereof, and may not be altered or waived except by a writing signed by all parties, or by You entering into another version of these Terms.
HCIL make no representations that the information and materials contained within this Application are appropriate for locations outside India.
All rights that are not expressly granted under these Terms are reserved by HCIL.
Any disputes with respect to usage of Honda Connect Mobile Application, interpretation of terms and condition as contained in this agreement shall be resolved amicably. If the same is not resolved amicably then the same shall be referred to the Sole Arbitrator appointed by HCIL. The place of Arbitration shall be New Delhi only and the arbitration proceedings shall be governed as per the Arbitration and Conciliation Act, 1996 as amended upto date.
The Courts of New Delhi alone shall have the exclusive Jurisdiction to try and entertain all or any dispute between the parties arising therefrom.
25. Collection and Use of Data
You understand that the Application may collectInformation, Data, Personal Information, Sensitive Personal Data/Information (hereinafter collectively referred to as “Data collected or Data”) information that personally identifies you. The Datais captured to help provide useful assistance and supportfor the owner/driver. When you use the Application, you voluntarily furnish the Data.
We limit theDatawe collect, store and process tothe extent that itis necessary to provide the Honda Connect Mobile Application Services, measure Application activity, improve the usefulness of the Application, administer our business, provide superior service, offer opportunities that we think would be of benefit to Honda Cars owners and HCIL and its affiliates,which include Honda Motor Co. Ltd., Japan, Honda R& D Co. Ltd., Japan and other Honda Companies ,develop future services and/or products, prevent fraud or misuse, as required by the applicable law, as amended from time to time(e.g., to respond to a subpoena), for dispute resolution, facilitate the provision of software updates, for product support, help protect the safety of You or others, protect our rights or property, verify compliance with these Terms, and other related uses we may develop ("Contemplated Uses").
When you subscribe to the Application, you provide the Data. HCIL may use a Third Party Service provider to process this information. Third Party shall be asked not to disclose it further& use the Data only for providing the services. The third party will be required to follow reasonable security practices and procedures to avoid security breach. All Data will be handled/processed, shared and/or transferred in accordance withtheapplicable law, as amended from time to timeand necessary reasonable security practices shall implemented to maintain and protect theData from unauthorized access, damage, use, modification, disclosure or impairment as may be specified in law.
In order to best serve your needs, we gather and retain the following information:
- Information we receive from you.
- Information about your useof the Application and the application environment, including the type of device and operating system used to access the Application, the data and time the Application is accessed, and the pages and functions of the Application that are used.
- Information we receive from Third Party Service Providers supplying the Honda Connect Mobile Application services and Connected Car Services.
- Information about your Car, such as your location, fuel level, battery condition, speed, odometer reading, headlight, tail light and other Car status and diagnostic information.
- Usage of remote operations –Remote door locking / unlocking, AC turn ON/OFF and Boot unlock
- Information related to your trips, routes and the trip history. Also, we keep data related to your driving behaviour and habits
- Aggregate information is the data we collect about a group or category of products, services or customers, from which individual customer identities or other Personally Identifiable Information has been removed. In other words, information about how You use a service may be collected and combined with information about how others use the same service, but no Personally Identifiable Information will be included in the resulting data. Likewise, information about the products you purchase may be collected and combined with information about the products purchased by others. Aggregate data helps us understand trends and customer needs so that we can better consider new products and services and tailor existing products and services tocustomer desires. Our definition of Personally Identifiable Information does not include "aggregate" information.
You hereby consent to our collection, storage and processing of this information and the Contemplated Uses and you further agree and consent that to perform these uses. HCIL may share this information along with raw data(anonymized)with its affiliates, Third Party Service Providers (e.g., roadside assistance providers and providers of services that enable remote access to your Car), service providers used by HCIL (e.g., mapping service providers, or companies who assist HCIL in conducting surveys and research to help HCIL provide better products and services), Insurance Companies and authorities (e.g., police, fire department, emergency responders, etc.), or as may be required by law or reasonably required to perform the Contemplated Uses (e.g., in response to government issued subpoenas or court orders, or to outside attorneys or experts to assist in litigation resolution).HCIL maydisclose and/or transfer and/or sell the anonymized data to third partiesto explore higher potential benefits for you.
We may use your information to inform you about offers and deals, new launches, information about products you have purchased, order and shipping status, as well as other promotional and informational. We will provide you the option to opt-out of such services by contacting Honda customer support.
Cookies may be used toprovide a customized experience to our users such as identifying recently viewed items (of interest to the user) as well as implementing wish list and cart features.
We may use IP address, traffic sources, user navigation across the site, browser and OS information etc. to measure overall site performance in terms of number of users, user engagement, time spent by users on the site etc.
We may need to use information in case required in aspects such as legal disputes or other legal processes, Court orders,Judgments, decrees, comply with any statutory or regulatory requirement; troubleshoot problems; detect and protect against error, fraud and other criminal or illegal activity; collect fees owed; enforce our terms and conditions; prevent abuse of our services; prevent violation of the rights of third parties, other users or the general public
Further, if you use Honda Connect Mobile Application Services that rely on information about your location, or route planning, you hereby agree and consent that HCIL, the providers of such Honda Connect Mobile Application may transmit, collect, maintain, process and use your location data, including the real-time geographical location of your Internet-enabled device or your car, and to collect such data in a manner that personally identifies you and/or your Car, in order to provide you with the applicable Honda Connect Car Services.
We may access, preserve and share your information in response to a legal request (like a search warrant, decree or court order) if wehave a good faith belief that the law requires us to do so. This may include responding to legal requests from jurisdictions outside of the India where we have a good faith belief that the response is required by law in that jurisdiction, affects users inthat jurisdiction, and is consistent with internationally recognized standards. We may also access, preserve and share information when we have a good faith belief it is necessary to: detect, prevent and address fraud, terrorism and other illegal activity; to protect ourselves, you and others, including as part of investigations; or to prevent death or imminent bodily harm. For example, we may provide information to third-party partners about the reliability of your account to prevent fraud and abuse on and off of our Services. Information we receive about you, including financial transaction data related to purchases made with us, may be accessed, processed and retained for an extended period of time when it is the subject of a legal request or obligation,governmental investigation, or investigations concerning possible violations of our terms or policies, or otherwise to prevent harm. We also may retain information from accounts disabled for violations of our terms for at least a year to prevent repeat abuse or other violations of our terms.
Any Data/collected Datashall be transferred and/or disclosed by HCIL,as aforesaid,will be in compliance with the applicable laws, as amended from time to time.
I hereby acknowledge and give my consent and agree to use the Honda Connect Mobile Application having read and understood the above terms & conditions.
I, hereby acknowledge that having read and understood, agree and consent to Use the Honda Connect Application and Honda Connect Services.