Terms and Conditions
Connected Vehicle Services Terms and Conditions
Effective Date: 1 May 2025
Mitsubishi Motors Australia Limited (MMAL, we, us or our) offers those who purchase or lease certain models of Mitsubishi vehicles the ability to receive Connected Vehicle Services (Connected Services) as described in these Terms and Conditions (Terms). Please read these Terms carefully to understand the terms and conditions that govern your access to and use of the Services, including all related mobile applications. These Terms form a binding agreement between you and MMAL. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACTIVATE THE CONNECTED SERVICES, OR IF THE CONNECTED SERVICES HAVE BEEN ACTIVATED, CONTACT MITSUBISHI ASSISTANCE CENTRE TO TURN THEM OFF.
YOU MUST BE AWARE THAT THE DEFAULT VEHICLE DATA (AS DEFINED BELOW, WHICH INCLUDES YOUR GEOLOCATION INFORMATION, ODOMETER VALUE, VEHICLE ERRORS AND OTHER VEHICLE-RELATED DATA) WILL BE COLLECTED, USED, DISCLOSED AND SHARED BY MMAL IN ACCORDANCE WITH THESE TERMS, THE MMAL PRIVACY POLICY FOR CONNECTED SERVICES (PRIVACY POLICY), AND AUSTRALIAN LAWS, RULES AND REGULATIONS, INCLUDING FOR MARKETING PURPOSES TO OFFER PRODUCTS AND OTHER SERVICES TO YOU (SUCH DATA COLLECTION, THE “VEHICLE DATA COLLECTION”). THIS DATA MAY START BEING COLLECTED IMMEDIATELY UPON YOUR PURCHASE OR LEASE OF YOUR VEHICLE FROM THE DEALER. YOU WERE NOTIFIED OF AND CONSENTED TO THIS COLLECTION, USE, DISCLOSURE AND SHARING AT THE TIME OF YOUR VEHICLE PURCHASE OR LEASE. THIS DATA MAY BE COLLECTED FROM YOUR VEHICLE, EVEN IF YOU DO NOT ACTIVATE THE CONNECTED SERVICES OR PURCHASE A SUBSCRIPTION SERVICES PACKAGE OR IF YOUR SUBSCRIPTION, TRIAL, OR RENEWAL PERIOD HAS EXPIRED. IF YOU DO NOT WANT THIS DATA TO BE COLLECTED, CONTACT MITSUBISHI ASSISTANCE CENTRE (1300 911 850) TO DEACTIVATE YOUR VEHICLE’S TELEMATICS-ENABLING DEVICE (AS DEFINED BELOW) AND REQUEST THAT THIS VEHICLE DATA COLLECTION BE STOPPED. UPON DEACTIVATION OF THE DEVICE, YOU WILL NO LONGER BE ABLE TO RECEIVE ANY CONNECTED SERVICES, AND ANY APPLICABLE CONNECTED SERVICES SUBSCRIPTION SERVICE PACKAGE, INCLUDING ANY “TRIAL” SUBSCRIPTION, PURSUANT TO WHICH YOU WERE RECEIVING THE CONNECTED VEHICLE SERVICES, WILL IMMEDIATELY TERMINATE.
In order to receive the Connected Services, the purchaser or lessor (referred to as you or your or the Primary Subscriber) of the eligible Mitsubishi vehicle (vehicle) must agree to these Terms without modification. In addition, in order to receive the Subscription Services (as defined below), which includes personalised access to the Automatic Collision Notification and SOS Emergency Assistance features, you must first agree to activate them on a trial basis as described below and/or purchase an applicable Subscription Services Package. You may agree to these Terms through the My MITSUBISHI CONNECT mobile application (Mobile App) on your smartphone. If you need assistance with the Mobile App registration process, please contact our Mitsubishi Assistance Centre agent, on 1300 911 850 (Mitsubishi Assistance Centre) and who will walk you through the Mobile App registration process. Agreement to these Terms is referred to as “agree”, “agreeing” or “agreement”.
As part of the process of agreeing to receive the Connected Services, or later when you manage your Connected Services account with us (Account), you will have the Customer opportunity to designate additional persons who are authorised to use the Connected Services (Authorised Users) and to make changes to your Account. Please read these Terms to understand how you, your Authorised Users, the occupants of your vehicle, and any other persons who may use your vehicle (collectively, Vehicle Users) may use the Connected Services.
Electronic Signature and Disclosure Consent Notice. You agree to the use of electronic documents and records in connection with these Terms and all future documents and records in connection with the Connected Services and that this use satisfies any requirement that MMAL provide you these documents and their content in writing. You have the right to receive an electronic copy of these Terms and related documents and records in connection with the Connected Services. To receive or access electronic documents and records, you must have an Android or Apple iOS mobile device capable of running the Mobile App with a working Internet connection. To retain documents and records, your device must have the ability to download and store PDF files. Your access to this page verifies that your mobile device meets the above receipt, access, and retention requirements. Your clicking on the “AGREE” button BELOW indicates your signature and your acceptance of this ELECTRONIC SIGNATURE AND DISCLOSURE CONSENT notice. An electronic copy of the terms and related documents will be sent to your registered email address.
Vehicle and Service Requirements. IN ORDER FOR THE CONNECTED SERVICES TO OPERATE, YOU UNDERSTAND THAT YOUR VEHICLE MUST HAVE A WORKING ELECTRICAL SYSTEM (INCLUDING ADEQUATE BATTERY POWER), THE DEVICE (AS DEFINED BELOW) MUST BE ACTIVATED AND OPERATING NORMALLY (AND NOT BE DAMAGED FROM A COLLISION OR OTHER EVENT), VEHICLE SYSTEMS REQUIRED FOR CALLS (INCLUDING VEHICLE VOICE, SMS AND DATA TRANSMISSION) MUST BE WORKING PROPERLY AND NOT BE DISABLED, AND THE VEHICLE (AND IF APPLICABLE, THE MOBILE APP) MUST HAVE ACCESS TO THE CELLULAR SERVICE USED BY THE SERVICE (INCLUDING BY BEING IN AN AREA WHERE SUCH SERVICE IS AVAILABLE).
1. DESCRIPTION OF SERVICES AVAILABLE
The Connected Services rely on a factory-installed telematics control unit in your vehicle (Device) that can interact with vehicle systems and can send and receive information over mobile cellular networks. In order to provide the Connected Services, MMAL collects certain data from you and your Vehicle Users (such as through your interactions with the dealer from which you purchased or leased your vehicle (Dealer), the Mobile App or the Mitsubishi Assistance Centre agent) and from your vehicle using the Device. By agreeing to receive Connected Services, you are consenting on your own behalf and, to the extent possible pursuant to applicable law, on behalf of all Vehicle Users to the operation of the Device and to these Terms, including the collection and use of the data (including the Vehicle Data Collection) as described in these Terms and the Privacy Policy. You further agree that you shall provide all notices to, and obtain all consents from, other Vehicle Users as needed for MMAL to provide the Connected Services.
The Privacy Policy is available at https://www.mitsubishi-motors.com.au/privacy-policy/mitsubishi-connect.html.
Connected Services are available as “Subscription Services”, which require activation by you, and “Non-Subscription Services”, which are activated by default when you purchase or lease the vehicle, unless you otherwise opt-out. More information about these Connected Services is available in your vehicle’s manual provided to you by MMAL (Owner’s Manual) and in the FAQ section of the My Mitsubishi Connect mobile app.
1. a. Non-Subscription Services
MMAL may choose to provide certain Non-Subscription Services to you upon your purchase or lease of a vehicle. These Non-Subscription Services can be provided separately from the Subscription Services, and therefore may be provided to you even if you do not purchase a Subscription Service Package or after the expiration or termination of a Subscription Service. These Non-Subscription Services will be provided free of charge to you and are activated by default. You agree that MMAL may provide these Non-Subscription Services and collect all data necessary as described below to provide the Non-Subscription Services. You may turn off the Non-Subscription Services in your vehicle by contacting Mitsubishi Assistance Centre to deactivate your vehicle’s Device, which will stop the Vehicle Data Collection. Upon deactivation of the Device, you will no longer be able to receive any Connected Services (including Non-Subscription Services), and any applicable Subscription Service Package, including any Trial Subscriptions, pursuant to which you were receiving Connected Services will immediately terminate. If you do not purchase a Subscription Service Package or otherwise maintain an active Subscription, MMAL may choose to terminate your Non-Subscription Services after the expiration of your applicable Subscription, Trial or Renewal Period. If applicable to your vehicle the Non-Subscription Services may include Automatic Collision Notification, SOS Emergency Assistance and Navigation Services.
1. b. Subscription Services
Subscription Services are offered on a “Package” basis. Your Dealer will let you know which Packages are available for your vehicle. Detailed information about the Packages, the Subscription Services provided in each Package and how each Connected Service operates is included in the Owner’s Manual.
NOT ALL SUBSCRIPTION SERVICES AND NON-SUBSCRIPTION SERVICES ARE AVAILABLE ON ALL VEHICLES, PLEASE CHECK YOUR MITSUBISHI CONNECT OWNER’S MANUAL TO CONFIRM THE SERVICES AVAILABLE FOR YOUR VEHICLE OR CHECK OWNER'S MANUAL | Mitsubishi Motors TO CONFIRM AVAILABILITY.
1. c. Vehicle Data Collection
The following information about your vehicle (Default Vehicle Data) will be collected, used, disclosed and shared by MMAL as part of the Vehicle Data Collection including vehicle usage, diagnostic and location data. This Vehicle Data Collection may begin immediately upon your purchase or lease of your vehicle and may occur even if you do not activate the Connected Services or purchase a Subscription Services Package or if your Subscription, Trial or Renewal Period has expired. MMAL may also use the Default Vehicle Data for marketing purposes and other purposes indicated in the Privacy Policy. If you do not want this Default Vehicle Data to be collected, contact Mitsubishi Assistance Centre (1300 911 850) to deactivate your vehicle’s Device, which will stop the Vehicle Data Collection. Upon deactivation of the Device, you will no longer be able to receive any Connected Services (including Non-Subscription Services), and any applicable Subscription Service Package, including any Trial Subscriptions, pursuant to which you were receiving Connected Services will immediately terminate.
2. SUBSCRIPTION SERVICES
2. a. Purchase of Subscriptions; Trial Subscriptions
Packages are made available as “Subscriptions” for a specific length of time (Subscription Period). Subscriptions for certain Packages may be offered by MMAL or a Dealer to you for some period of time at no additional charge when you purchase or lease a new vehicle. This kind of Subscription is referred to as a “Trial” and the period for which it is provided is referred to as a “Trial Period”. You will need to agree to these Terms to receive Subscription Services as a Trial even if you do not need to pay any fees. Trial Periods begin on the date that you take delivery of the vehicle (even if you activate the Trial after such date) and end after the period of time associated with that Package, as disclosed to you when you purchased or leased your vehicle, has passed. Other Subscription Periods start when you complete the purchase of the Subscription. Subscriptions can be purchased or changed by you and by any Authorised User to whom you have given that authority.
Further information about the Subscription Periods available for each Package as well as any Trial Periods being offered for any Packages is available from your Dealer, through the Mobile App, or from Mitsubishi Assistance Centre.
2. b. Renewal
You can extend the Subscription Period for any Package by purchasing a renewal as described in these Terms (Renewal). MMAL or its partners will use reasonable efforts to notify you in writing using your Account information on file at least ninety (90) days before your Subscription expires, whether it was a Trial, a purchased Subscription, or a Renewal. This notice will include information about how to renew a Subscription and the pricing and renewal periods (Renewal Periods) that are available.
MMAL or its partners may offer you the option to renew a Subscription automatically at the end of its Subscription Period for a specific period of time and a specified price (Automatic Renewal). MMAL will provide you an email notice at least ninety (90), sixty (60) and thirty (30) days before processing an Automatic Renewal by using your Account information on file. If you select this option and provide a valid credit card, you agree that MMAL may extend the Subscription for the selected Package for the agreed period and charge the credit card provided unless you cancel the Subscription and/or the Automatic Renewal at any time prior to the renewal date by contacting Mitsubishi Assistance Centre. You solely will have the obligation to cancel an Automatic Renewal upon the sale, lease, transfer or surrender of your vehicle (including in the event of theft or destruction by accident or other loss) and are liable for any costs incurred on your Account due to your failure to do so.
2. c. Service Period; Deactivation of Device
When you sign up to receive Subscription Services, MMAL will provide the Subscription Services included in the Package(s) that you select for the term of the applicable Subscription, Trial or Renewal Period. If you do not Renew (or successfully complete a Renewal of) a Package, are not enrolled in Automatic Renewal, and the Subscription Services are not otherwise terminated or cancelled in accordance with Section 3 (Cancellation and Termination), then MMAL will stop providing the Subscription Services for that Package at the end of the relevant Subscription, Trial or Renewal Period. In addition, if you do not purchase a Subscription Service Package or otherwise maintain an active Subscription, MMAL may choose to terminate your Non-Subscription Services after the expiration of your applicable Subscription, Trial or Renewal Period and, after notice to you, may also deactivate your Device. To reactivate your Device, you will need to call Mitsubishi Assistance Centre and purchase a Subscription Service.
2. d. Prices
The price for any Subscription Package, including Renewals (Subscription Fees), will be disclosed to you before you finalise any Subscription or Renewal. Unless MMAL has agreed to a price with you in advance for Automatic Renewals, it may change the Subscription Fees for any of the Subscription Services and Packages from time to time upon renewal.
2. e. Payment
Purchases of Subscriptions and Renewals can be completed via the Mobile App or by contacting Mitsubishi Assistance Centre. Forms of payment accepted include most credit and debit cards. If any billing statement relating to any fees or charges for Subscription Services billed by or through MMAL appears incorrect, you or an Authorised User must call Mitsubishi Assistance Centre or contact MMAL in writing at the address shown in Section 14(a) within thirty (30) days of the date of the billing notice and provide information to identify your Account and to explain why you believe the billing statement is not correct. If no objection is received within that time period, then, unless prohibited by law and subject to the terms of your payment card issuer agreement, you will be deemed to have accepted the billing notice.
3. CANCELLATION AND TERMINATION
3. a. Cancellation; Refund
You may cancel any Subscription at any time by contacting Mitsubishi Assistance Centre. We will attempt to contact you using your Account information on file to confirm that the request was authorised. If you do not confirm the request or cannot be reached after reasonable effort, MMAL will cancel the Subscription according to the original request. MMAL will refund to you a pro-rata amount of any pre-paid Subscription Fee following the cancellation request. If MMAL discontinues providing any Subscription Services as described in Section 3(c), it may refund you a pro-rata amount equal to the value of the specific Subscription Services that are being discontinued. Refunds are made to the credit card originally used to pay the Subscription Fee. No refunds are available for Subscription Services provided as a Trial or without separate itemised charge. In the event of a cancellation, MMAL may continue to provide Non-Subscription Services as described in Section 1(a) above, and the Vehicle Data Collection may also continue.
3. b. Termination
In the event that you or any Vehicle User violates these Terms, to the extent permitted by applicable law and unless prohibited by applicable law, MMAL may terminate any Subscription prior to the end of the relevant Subscription Period by giving notice to you. MMAL will use reasonable efforts to notify you in writing using your Account information on file at least thirty (30) days before the termination is effective; provided, however, if your or your Vehicle User’s violation of these Terms has or may have a material impact on MMAL (including its other customers or service providers), then MMAL may terminate any or all of your Connected Services immediately and may also deactivate your Device. Grounds for termination may include failure to pay amounts due, abuse of the Connected Services, use of Connected Services for illegal or immoral purposes or to harass or interfere with lawful actions of other drivers, or interference with the business of MMAL or its service providers. Please see Section 9 for more information about your obligations with respect to the Connected Services. If you dispute whether the violation took place, you may contact Mitsubishi Assistance Centre to discuss the issue.
3. c. Discontinuation of Connected Services Program or Certain Connected Services by MMAL
MMAL reserves the right to stop providing any or all Connected Services at any time if continuing to do so would no longer be commercially feasible, if access to services necessary to provide the Connected Services, including telecommunications services, is no longer available, if the provision of Connected Services would be in violation of any applicable law, or for any other reason in MMAL’s sole discretion. MMAL may also deactivate your Device in connection with the discontinuation of the Connected Services. MMAL will endeavour to provide thirty (30) days prior written notice to you using your Account information on file of any such action, including a description of which Connected Services it will stop providing and any that it will continue to provide, and the date on which it expects the discontinued Connected Services will stop. If MMAL discontinues any Subscription Services for which you have pre-paid a Subscription Fee, MMAL will offer pro-rata refunds as provided in Section 3(a) above. MMAL, including its affiliates and business partners, will have no liability to you or any Authorised Users for exercising its rights under this Section 3(c) beyond payment of refunds.
3. d. Changes in Connected Services
We reserve the right to add, modify or delete Connected Services, to change the configuration of Packages, and to modify the terms on which MMAL sells Subscriptions, including Subscription Fees and the Subscription Periods available for any paid Subscriptions, including Renewals. Changes to subscription, if any, will take effect upon renewal.
MMAL will endeavour to provide thirty (30) days prior written notice to you of the addition, modification or discontinuation of any Connected Services included in any current Subscription using your Account information on file; the notice will describe the nature of the Connected Service added or the modification of the existing Connected Service (or identify the Connected Service being discontinued), the manner in which the addition or modification will be effected (such as by a command sent by MMAL through the computer and data processing and storage systems used to provide Connected Services, called the “Services Platform”, to the Device), and whether you need to take any action in order to finalise the modification, such as by powering the vehicle on and off or, in extreme circumstances, taking the vehicle to an authorised Dealer. MMAL will not charge you for any changes to Connected Services made by it under this Section 3(d) but reserves the right to change prices for Renewals of Connected Services as provided in these Terms. If you believe that the change to Connected Services made by MMAL reduces the value of the Connected Services (or of your vehicle), you agree that your sole remedy will be to cancel any Subscriptions as provided in Section 3(a).
3. e. Continuing Vehicle Data Collection; Continuance of Certain Services
Cancellation, expiration, termination or discontinuation of Subscription Services may not result in deactivation of the Device nor the discontinuation of the Vehicle Data Collection. You understand and agree that we and our service providers may continue to collect data from you and from the Device and the vehicle as described in these Terms and the Privacy Policy as necessary for our internal use and to continue to provide any Non-Subscription Services as we may choose to continue to provide. If you do not want this data to be collected, contact Mitsubishi Assistance Centre (1300 911 850) to deactivate your vehicle’s telematics-enabling device and request that this vehicle data collection be stopped. Upon deactivation of the device, you will no longer be able to receive any Connected Services, and any applicable Services Subscription Package, including any Trial subscription, pursuant to which you were receiving the Connected Services, will immediately terminate.
4. SALE OR TRANSFER OF VEHICLE
Connected Services are provided to you and your designated Authorised Users only. If you sell, lease, transfer or surrender your vehicle (including a surrender due to theft or destruction due to accident or other casualty) before the end of any applicable Subscription Period, MMAL will stop providing the Connected Services when notified of the sale, lease, transfer or surrender. A “Subsequent Owner” (including any lessor or other transferee) of the vehicle may purchase Connected Services through the Mobile App or from Mitsubishi Assistance Centre. Any Subscription to a Package purchased by a Subsequent Owner will be subject to the then-current version of these Terms. It is your responsibility to promptly notify MMAL of any sale, lease, transfer or surrender and, if applicable, to cancel any Automatic Renewal of a Subscription. In addition, if you sell, lease or otherwise transfer your vehicle directly to a Subsequent Owner, it is your responsibility to notify such Subsequent Owner of the Connected Services (including the Non-Subscription Services, the Vehicle Data Collection, and any other collection of data) and these Terms. You are solely responsible and liable for any use of the Connected Services for the vehicle under your Account by the Subsequent Owner or any other user, and for any Automatic Renewal, until you notify MMAL of the sale, lease, transfer or surrender. You may cancel any Subscription as provided in Section 3(a).
5. EMERGENCY AND SECURITY SERVICES; REMOTE SERVICES
IN ORDER FOR THE EMERGENCY AND SECURITY SERVICES DESCRIBED IN THIS SECTION TO OPERATE, THE VEHICLE MUST HAVE A WORKING ELECTRICAL SYSTEM (INCLUDING ADEQUATE BATTERY POWER), THE DEVICE MUST BE ACTIVATED AND OPERATING NORMALLY (AND NOT BE DAMAGED FROM A COLLISION OR OTHER EVENT), VEHICLE SYSTEMS REQUIRED FOR CALLS (INCLUDING VEHICLE VOICE, SMS AND DATA TRANSMISSION) MUST BE WORKING PROPERLY AND NOT BE DISABLED, AND THE VEHICLE (AND IF APPLICABLE, THE MOBILE APP) MUST HAVE ACCESS TO THE CELLULAR SERVICE USED BY THE SERVICE (INCLUDING BY BEING IN AN AREA WHERE SUCH SERVICE IS AVAILABLE).
5. a. Automatic Collision Notification and SOS Emergency Assistance
If you subscribe to Automatic Collision Notification or SOS Emergency Assistance Service, you have the ability to contact Mitsubishi Assistance Centre and request emergency assistance by pressing the marked button inside the vehicle (consult a Dealer, Mitsubishi Assistance Centre or the Owner’s Manual for information about the location of the SOS button). In addition, your Device will automatically notify the Mitsubishi Assistance Centre upon the occurrence of certain events. These events include deployment of an airbag (or activation of an airbag deployment sensor) in your vehicle. Please note that Mitsubishi Assistance Centre will be contacted even if the SOS button is activated unintentionally, such as by bumping or by underage persons or persons not able to understand the function. In any of those events, the Device will send the following information to the Mitsubishi Assistance Centre: (1) information to identify the vehicle and the Primary Subscriber; and (2) data about the event (e.g., speed, whether airbags deployed, and location of the vehicle using the latest geolocation data available from the Device). Upon receipt of this data, the Mitsubishi Assistance Centre team may take such further steps as it considers appropriate A voice call may also be initiated between the vehicle and the Mitsubishi Assistance Centre team if these Connected Services are activated. If the Mitsubishi Assistance Centre team determines that an emergency is likely to be present (including if you or other vehicle occupants are not responsive to a voice call), the Mitsubishi Assistance Centre personnel may notify the local emergency services provider (ESD or Emergency Service Despatch), which will be responsible for dispatching emergency service resources, such as police, medical, fire services, to the last known location of your vehicle.
5. b. Account Assistance from Vehicle or Mobile App – Breakdown Assistance
If you subscribe to Breakdown Assistance, you have the ability to contact Mitsubishi Assistance Centre and request breakdown assistance by pressing the marked button inside the vehicle (consult a Dealer, Mitsubishi Assistance Centre or the Owner’s Manual for information about the location of the button) or by using the Mobile App. Pressing the button in the vehicle to request assistance notifies Mitsubishi Assistance Centre of the nature of your contact and sends certain data to Mitsubishi Assistance Centre, including information to identify your vehicle and the Primary Subscriber and information about the location of your vehicle. Upon receipt of the signal from the vehicle, the Mitsubishi Assistance Centre team will attempt to initiate a voice call into the vehicle. Mitsubishi Assistance Centre will attempt to assess if summoning breakdown assistance is required and, where appropriate, contact breakdown assistance services and request dispatch to the last known location of your vehicle.
5. c. Account Assistance from Vehicle or Mobile App – Information Services
If your Non-Subscription Services are active, you have the ability to contact Mitsubishi Assistance Centre by using the account assistance button within the vehicle or in the Mobile App (if cellular service is available). Consult a Dealer, Mitsubishi Assistance Centre or the Owner’s Manual for information about how to invoke this feature. Invoking this feature through the vehicle notifies Mitsubishi Assistance Centre and sends certain data, including information to identify your vehicle and the Primary Subscriber and information about the location from which the request for account assistance is being made. Upon receipt of that signal from the vehicle, the Mitsubishi Assistance Centre team will connect a voice call to the vehicle, and upon receipt of that signal from the Mobile App, the Mitsubishi Assistance Centre team will connect a voice call to your mobile phone number associated with the Mobile App. Mitsubishi Assistance Centre will facilitate the available Account management related functions as requested and as eligible based on Subscription status or Mitsubishi Assistance Centre capability.
5. d. Use of Services not a Substitute for Directly Contacting 000 (Emergency Services)
Various factors can cause an emergency call through the Automatic Collision Notification and SOS Emergency Assistance feature to be connected to ESD personnel more slowly than a direct call (or even to fail to connect). If you believe a life-threatening emergency exists, you should always attempt where possible to summon emergency help yourself, whether through dialling 000 on a mobile phone or landline or asking passers-by for assistance.
5. e. Consent for Sharing Data with Emergency Personnel
You agree on behalf of yourself and, to the extent possible pursuant to applicable law, your Vehicle Users, to the collection of the data necessary to provide these Connected Services, including geolocation information, and to the sharing of data with Mitsubishi Assistance Centre and any emergency personnel, as further described in these Terms and the Privacy Policy and the Owner’s Manual. You agree to inform your Vehicle Users regarding this collection and sharing of data and obtain any consents required for MMAL to provide these Connected Services.
5. f. No Responsibility for Emergency Response or Breakdown Assistance Providers
MMAL does not have any control over emergency service providers or breakdown assistance providers. MMAL cannot assure you, or make any guarantees or warranties, about the manner or timeliness of response of these providers, or whether these providers will be able to reach you or your vehicle and provide meaningful assistance, or whether they will in fact respond at all or in a timely manner. MMAL and its partners in providing the Connected Services do not control the emergency service providers or the breakdown assistance service providers and will not have liability for their actions.
5. g. Responsibility for Charges for Emergency Response or Breakdown Assistance Providers
When the assistance of emergency service providers or breakdown assistance providers is invoked as described above, emergency service resources or breakdown assistance may be dispatched, either at the request of vehicle occupants or upon the determination of ESD personnel. MMAL and its partners in providing the Connected Services will have no responsibility for payment of any charges from such third-party service providers for any assistance given to you or to the occupants of the vehicle who receive any such third-party services (including medical transport, medical services, breakdown assistance or tow-away), including as a result of contacting Mitsubishi Assistance Centre or as a result of a crash notification, and you will be solely responsible for payment of any charges from the service providers.
5. h. Anti-theft Notifcation
If you subscribe to the Anti-theft Notification Service, you will be notified using all of the notification methods you have selected of any activation of your vehicle’s anti-theft notification system (e.g., via text, notification through your Mobile App and email). When the anti-theft notification has been activated (including the audible alarm), you can turn an alert off only by using the “lock doors” button on your key fob; you must be within a few metres of your vehicle for this to work. If the alert is not turned off, all anti-theft notification features (including audible alarm) will continue to operate, and your vehicle’s battery may be drained. While the audible alarm generally stops after a certain period of time, the alerts will remain visible in the Mobile App. The Anti-theft Notification Service does not ensure nor guarantee that every vehicle intrusion will trigger a notification, and MMAL is not responsible for any failure to trigger a notification or for any false notifications.
5. i. Stolen Vehicle Tracking
If you subscribe to Stolen Vehicle Tracking and you believe that your vehicle has been stolen, please promptly notify the local police and file a police report, and then contact Mitsubishi Assistance Centre. Once Mitsubishi Assistance Centre has all the necessary information, including the police report, we will attempt to locate your vehicle using the GPS information from the Device and share that information with local police authorities. We cannot guarantee we will find your vehicle. If you do not provide us with the information we request, we have the right not to locate your vehicle. We are not required to try to locate your vehicle for the purpose of locating someone or something inside of the vehicle. However, upon request with proper information and documents, we may decide to do so. When you use this Connected Service, you agree that we may disclose to law enforcement all information about the vehicle that we can obtain, including without limitation, the latitude and longitude of the vehicle (geolocation), vehicle speed, and direction the vehicle is heading. You understand that even if we have all of the necessary information, we may not be able to locate your vehicle (such as if the device has been tampered with, the vehicle is out of range of cellular service, the vehicle battery has been drained, etc.). The Stolen Vehicle Tracking Service does not ensure nor guarantee that your vehicle will not be stolen or that your stolen vehicle will be located, and MMAL is not responsible for any failure to locate your vehicle.
If applicable to your model if the vehicle is stolen and the above steps are taken, you can remotely request initiating the vehicle immobiliser by calling Mitsubishi Assistance Centre. Once activated, the immobiliser will prevent the vehicle from starting from the next ignition cycle.
5. j. Remote Services
You may subscribe for certain Connected Services if available on your vehicle model that provides access to features that allow you to remotely control or receive information from your vehicle using the Mobile App or by calling Mitsubishi Assistance Centre, depending on the feature (Remote Services). Please see the Owner’s Manual for a description of these Remote Services, if they are available for your applicable vehicle and how to use them. The Remote Services may not operate as expected due to system trouble or network conditions. Please see Section 9(a) for information about other factors that can affect your vehicle’s ability to use Remote Services and Section 9(g) for information about your responsibility to comply with any local laws when using Remote Services.
NOT ALL REMOTE SERVICES ARE AVAILABLE ON ALL VEHICLES, PLEASE CHECK YOUR MITSUBISHI CONNECT OWNER’S MANUAL TO CONFIRM THE SERVICES AVAILABLE FOR YOUR VEHICLE OR CHECK OWNER'S MANUAL | Mitsubishi Motors TO CONFIRM AVAILABILITY.
5. k. Tow-away Notification
If the Tow-away Service is applicable to your vehicle and you subscribe to the Tow-Away Notification Service, you will be notified using all of the notification methods you have selected of any activation of your vehicle’s tow-away notification system (e.g., via text, notification through your Mobile App and email). When the tow-away notification has been activated, the alerts will remain visible in the Mobile App. The Tow-away Notification Service does not ensure nor guarantee that every vehicle tow-away will trigger a notification, and MMAL is not responsible for any failure to trigger a notification or for any false notifications.
5. l. Navigation Services
If the Navigation Service is applicable to your vehicle and you subscribe to the Navigation Service, you will be able to enter text on navigation Smartphone-link Display Audio for local search around the driving area, it will connect to the Google server and display the result on the map. Destination information is always updated, and you can refer to the related Google keywords and reviews. The Navigation Services Street View allows you to see the real street view of the destination on location search screen. You will be able to find out the destination easily and reduce the risk of getting lost by previewing real street through a map. The Satellite View allows you to see the satellite view of a destination on the location search screen. You can preview remote and inaccessible regions, getting a comprehensive view of the Earth’s surface. The Live Traffic allows the Navigation Service to update forecasted route based on live traffic information provided by TomTom. By using the latest live traffic information, the most efficient route can be determined to assist avoiding congestion. MMAL cannot guarantee that the Navigation Service will work everywhere, particularly in remote or enclosed areas, or in all vehicles at all times.
6. PRIVACY; COLLECTION AND USE OF DATA
6. a. Privacy Consent
You consent to the collection, use, disclosure and sharing of data (including the Default Vehicle Data) as described in the Privacy Policy, on your own behalf and, to the extent permitted by applicable law, on behalf of your Vehicle Users. Such consent is deemed given as soon as you purchase the vehicle for the Non-Subscription Services and as soon as you activate the Subscription Services for the Subscription Services. You also agree that you will advise all Vehicle Users to review the Privacy Policy, and you understand that you are responsible for ensuring that they consent to collection, use and disclosure of their personal information as described therein.
If you do not want any or all of the Collected Data to be collected, used or shared, you may opt-out as described in the Privacy Policy or cancel the Connected Services as described in Section 3 above. However, in such case, MMAL may not be able to continue providing some or all of the Connected Services.
6. b. Voice Recording
Interactions with Mitsubishi Assistance Centre and emergency personnel over voice channels may be monitored, recorded, retained and shared as deemed necessary for the purposes of quality assurance, training and auditing. By agreeing to receive or by accessing the Connected Services that involve interactions with Mitsubishi Assistance Centre or emergency personnel, you are providing, on your own behalf and, to the extent possible under applicable law, on behalf of your Vehicle Users, consent to these monitoring and recording activities. You agree to inform all Vehicle Users of such monitoring and recording of calls and to obtain their consent, as needed, prior to accessing the Connected Services.
6. c. Ownership of Collected Data
You, as the Primary Subscriber, own all of your personal information, vehicle information, data from your vehicle’s event data recorder (EDR Data) and mobile device information. You agree that we and our service providers have a perpetual, irrevocable, worldwide, fully paid right to use such personal information, vehicle information, EDR Data and mobile device information to provide the Connected Services and to operate and improve the Connected Services. You agree that we and our service providers have a perpetual, irrevocable, worldwide, fully-paid right to use all information relating to your use of your vehicle (excluding EDR Data) and access information (i.e., information that is automatically collected in connection with your use of the Mobile App, such as IP address) for any purpose in our sole discretion. You agree that you and your Authorised Users will only have the right to access or use Vehicle Use Information (excluding EDR Data) and access information to the greatest extent mandated by applicable law.
7. Communications
7. a. Consent to Use of Cellular Communication
The Connected Services are provided using wireless cellular communications services, both in the vehicle and through the Mobile App. By agreeing to receive or by accessing the Connected Services, you are providing, on your own behalf and to the extent possible pursuant to applicable law on behalf of your Vehicle Users, consent to the use of these communications services. You also agree to ensure that all Vehicle Users consent to the use of these communications services, to the extent that you do not have authority to consent on their behalf, prior to allowing them to use such services.
7. b. Consent to Being Contacted
In order to provide the Connected Services, MMAL and its service providers may contact you in the vehicle (such as by voice call) or by email, SMS/Text or telephone to your Account information on file. By providing this information to MMAL, you consent to being contacted by these means, even if such communications may result in charges to you for use of voice, SMS/Text or data service by your cellular or Internet service providers.
8. SYSTEM AND SERVICE LIMITATIONS
8. a. Geographic Limitations
You understand that the Connected Services are designed and only intended to operate only in Australia. If you take your Mobile App outside Australia, your Connected Services may not work, and/or additional terms and conditions and/or fees may apply in relation to your use of the Connected Services (such as additional cellular or data service charges) in addition to these Terms and the Subscription Fees. MMAL is not responsible for any additional fees you may incur from third parties, such as your cellular service provider, due to your use of the Connected Services outside of Australia.
8. b. No Outbound Calling
You understand that you cannot place voice calls from your vehicle (other than to the Mitsubishi Assistance Centre using the SOS Emergency Assistance, Breakdown Assistance or Account Assistance buttons) or use your vehicle to receive calls from anyone other than the Mitsubishi Assistance Centre team, ESD or breakdown assistance personnel. The mobile telephone number associated with your vehicle is not published in any directory and is known only to MMAL and its service providers. We will not share it with you. Attempting to discover this mobile number or using it for purposes not permitted in these Terms will be a material breach of these Terms.
8. c. Limitations of GPS and Cellular Systems
The Connected Services operate using the Global Positioning System (GPS), which uses satellite signals to estimate the location of your vehicle and uses cellular wireless network services to transmit that information to the Services Platform and to Mitsubishi Assistance Centre. We also use the cellular wireless network to enable you to reach Mitsubishi Assistance Centre from the vehicle or Mobile App and to enable Mitsubishi Assistance Centre to contact you in the vehicle or at your mobile device. A number of factors can interfere with the availability or accuracy of GPS and cellular services, including topography, distance from cell towers, congestion of the cellular network, weather conditions, or land features that block access to satellite or cell tower signals, such as tunnels, hilly areas, below grade roadways or dense buildings or forest. MMAL CANNOT GUARANTEE THAT CONNECTED SERVICES WILL WORK EVERYWHERE, PARTICULARLY IN REMOTE OR ENCLOSED AREAS, OR IN ALL VEHICLES AT ALL TIMES.
8. d. System Maintenance and Over the Air Updates
We and the service providers who work with us to provide the Connected Services will need to perform maintenance on our systems from time to time, which could temporarily reduce or interfere with the availability of Connected Services. When we are the party performing the maintenance, we will try to limit our work to hours when usage of Connected Services is typically low (and we ask our partners to do the same), but emergencies may require us or our partners to take actions during normal usage hours. Neither we nor our partners will have any liability for your inability to access or use Connected Services during these maintenance windows.
We may also need to send software updates to your Device from time to time, such as to correct errors, to improve Connected Services or to address security vulnerabilities. We may send these updates without your consent, but we will use good faith attempts to notify you in advance of these changes and of the impact they may have, particularly if we believe that the update will or could reduce the availability of Connected Services during a particular time period or could interfere with any data you have entered into the system for the Connected Services or any settings you have chosen in your vehicle, in your Mobile Apps or in your Account. While your Device is receiving a software update, you may be unable to use the Connected Service in any manner until the software update is complete.
8. e. Changes in Technology
The operators of the GPS services and cellular network operators may take actions that update their equipment and technology so that it is no longer compatible with your vehicle. While we have taken reasonable precautions to design the Device and vehicle to be compatible with known development plans of GPS and cellular network service providers, we cannot guarantee that the Connected Services will continue to be available in the event of such changes, and we disclaim responsibility for the loss of any Connected Services. If you believe that any such changes to Connected Services due to actions of cellular network service providers or the authorities responsible for the GPS system reduce the value of the Connected Services (or of your vehicle), you agree that your sole remedy will be to cancel any Subscriptions as provided in Section 3(a).
8. f. Other Factors Outside MMAL Control
We and our service provider partners are not responsible for any delay or failure in performance of the Connected Services if such failure or delay could not have been prevented by reasonable precautions, including where such failure or delay is caused by acts of nature, or forces or causes beyond our reasonable control. Examples include public utility, cellular service or GPS service failure, failures of third parties not under our control, acts of war, government actions, terrorism, civil disturbances, cyberattacks, labour shortages or difficulties (regardless of cause), weather events, or equipment failures including Internet, computer, telecommunication or other equipment or technology failures.
8. g. Accuracy of Results
MMAL does not guarantee any results or the accuracy of any results that you may obtain from the Connected Services, including but not limited to any location calculated by the Connected Services.
9. YOUR RESPONSIBILITIES
9. a. Maintenance of Your Vehicle; Deep Sleep Mode
You have the responsibility for keeping your vehicle and its systems required for the Connected Services fully charged and in good working order. Your Dealer can advise you what maintenance is required for this purpose and provide it to you. You can confirm that your system is working properly by contacting Mitsubishi Assistance Centre. If you intend to install audio equipment to replace the equipment supplied with your vehicle, it is your responsibility to ensure that the replacement equipment will not interfere with the functioning of the Connected Services, including the ability of your vehicle to receive and broadcast voice calls from Mitsubishi Assistance Centre or ESD. Please contact your Dealer if you have any questions about the compatibility of third-party equipment. If you do not start and run your vehicle for an extended period (generally in excess of 5 days), your vehicle is designed to put the communications systems into a “deep sleep” mode to save battery power. You can only awaken your vehicle from deep sleep mode by physically starting the ignition. While the vehicle is in deep sleep mode, it will not be able to receive any signals from the Mobile App or Mitsubishi Assistance Centre or to carry out any Remote Services.
9. b. Proper Usage of the Connected Services
You are solely responsible for any use of the Connected Services in your vehicle associated with your Account (including through the Mobile App), even if you are not the one using them and even if you later claim that the use was not authorised. You are also solely responsible for any other services (such as emergency medical or breakdown assistance services) requested by you or by any of your Vehicle Users (whether the request is made through the vehicle, the Mobile App or by contacting Mitsubishi Assistance Centre). You have the responsibility to educate your Vehicle Users in the proper use of the Connected Services (such as teaching children not to press the SOS emergency assistance or account assistance buttons as a toy). Neither we nor our service provider partners, including Mitsubishi Assistance Centre, have an obligation to inquire about the authority of anyone using your vehicle or accessing Connected Services through your Account. Specifically, you agree when you use the Connected Services:
i. not to use the emergency assistance button or to ask for emergency help or breakdown assistance except for actual emergencies and breakdown assistance needs.
ii. not to use your Connected Service for any fraudulent, unlawful, or abusive purpose, such as to harass or annoy any person or to put any person or property in harm’s way or to cause damage to any person or property.
iii. not to use your Connected Services in any way that interferes with our ability or the ability of our service providers to provide Connected Services to other customers.
iv. not use your Connected Services in a way that places a large burden on MMAL’s and its service providers’ systems and resources.
v. not to abuse or do anything to damage the business operations, services, reputation, employees, facilities of us, our Dealers or any of our service provider partners; and
vi. not to use any of the Connected Services available to you or any of the content you receive or access through the Connected Service, including content in or available in any documentation (collectively, Content) for commercial purposes, including to provide services to any other person.
You agree that if you do any of these things and we, our Dealers or our service provider partners are involved in any legal claims or litigation resulting from your actions or incur loss or damage in any way, you will be responsible for our expenses in defending ourselves and for any damages or legal fees or costs that we need to pay to anyone.
9. c. Notification to Users and Vehicle Occupants
It is your sole responsibility to tell your Vehicle Users about the Connected Services and how they work, what data may be collected (e.g., collection of geolocation data, call recordings, etc.) and how that data may be shared, and what the limitations of the Connected Services are (e.g., they may not work in remote areas). If you choose to activate features such as curfew, boundary or speed alerts, you have the obligation to explain that remote monitoring of the vehicle will be conducted using parameters that you set. You agree to make all Vehicle Users aware of and subject to these Terms and the Privacy Policy, and you are responsible for not only your own compliance with these Terms and use of the Connected Services but also for the compliance and use by all Vehicle Users and users of your Account or vehicle, whether or not authorised by you. You are also responsible for obtaining any consents from Vehicle Users that are required be applicable law, including for the collection, use and disclosure of their personal information as described in these Terms and the Privacy Policy.
9. d. Integrity of the Device
The Device is not intended to be accessed, maintained or handled by anyone other than qualified Dealer service personnel. You must take care not to attempt to access or to tamper with or allow any other person (including any persons other than qualified Dealer service personnel providing service to your vehicle) to access or tamper with, the Device. Tampering with your Device may result in the Connected Services not operating properly and may void your Device’s warranty.
9. e. Integrity of Your Account
You agree to keep your information in your Account up to date at all times in the Mobile App or by contacting Mitsubishi Assistance Centre. You agree that MMAL may rely on the information in your Account to contact you, including without limitation for purposes of notifying you of a request to cancel the Connected Services per Section 3(a) and of a pending Automatic Renewal per Section 2(b), and that MMAL is not responsible for your failure to update your information in your Account.
You have the sole responsibility for safeguarding the security of your vehicle, your Account, any devices you use to access the Connected Services such as smartphones or computers, any services you use to access the Connected Services such as your home or business Internet or cellular service, and any credentials you use (e.g., keys, PINs, usernames, passwords, secret questions, etc.) to gain secure access to any of these. You will be responsible for any actions taken by any person using your access credentials until you notify us that the security of your access credentials or any devices has been compromised, and you agree to cooperate with us in the correction of any device security issues or resetting of any access credentials. You further agree that MMAL may, in our sole discretion, treat any person who presents your credentials that we deem sufficient for Account access as you or an Authorised User on your Account for disclosure of information or changes in Connected Service.
9. f. Other Equipment Used to Access Services
You are responsible for providing any additional equipment needed to access Connected Services when not in the vehicle, such as a smartphone or computer, for installing the most recent version of any Mobile Apps, and for paying the costs of Internet or cellular service in order to access Connected Services through your smartphone or computer.
9. g. Complying with Laws
You are responsible for determining whether actions that you can take using the Connected Services are permitted under the laws where you operate your vehicle. For example, local laws may restrict whether or how long you may allow your vehicle to operate without any adult driver present, such as when you use the remote start feature to start your vehicle on a cold day. You can research your local laws on the Internet or call your city or local government for guidance on where to find more information.
9. h. Insurance for Your Vehicle
You understand that the Connected Services are not a substitute for automobile insurance. It is your responsibility to arrange appropriate insurance for your vehicle as required by law and as required under the terms of any agreement you may have for the financing or lease of your vehicle. Any Subscription Fees relate solely to the value of the Connected Services, not to the value of your vehicle or any property in it, or to the cost of any injury to or damages suffered by you or anyone else.
10. SYSTEM SECURITY
10. a. Security of Cellular Communications
The Connected Services depend on the cellular wireless networks to operate. While we and our service providers take reasonable precautions to protect communications from interception, there can be no guarantee that the data, SMS or other content (such as voice) transmitted over cellular channels will not be intercepted. You agree that we and our service provider partners will not have any liability for any actions taken by third parties to invade the privacy or security of these communications.
10. b. System Security
If you believe that any person is attempting to send commands to your vehicle using a device that you have not authorised or has accessed any of your personal information or your vehicle data improperly, please contact Mitsubishi Assistance Centre immediately and provide as much information as you can about the incident. We will investigate promptly and take any actions we think are reasonable and necessary in the circumstances to keep your Connected Service or data secure. If we believe that a serious security issue is present, we reserve the right to disable all Connected Services without prior notice to you. We will send you notice using your preferred notification methods (Mobile App, SMS and/or email) as soon as we can of the disruption in Connected Services and will use reasonable efforts to restore Connected Services as soon as possible. During any interruption, Connected Services may not work correctly or at all. Please keep your Account information updated so that we may reach you if necessary.
10. c. Reports to You of Security Issues
If we believe that any unauthorised person has the ability to send unauthorised commands to your vehicle in a way that we believe could cause harm to you or your Vehicle Users, we will attempt to notify you promptly using your Account information on file and will comply with all laws that are applicable to the situation. If we believe that a serious security issue is present, we reserve the right to disable all Connected Services without prior notice to you. We will send you notice using your preferred notification methods (Mobile App, SMS and/or email) as soon as we can of the disruption in Connected Services and will use reasonable efforts to restore Connected Services as soon as possible. During any interruption, Connected Services may not work correctly or at all. Please keep your Account information updated so that we may reach you if necessary.
11. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
11. a. No Warranty for Connected Services
Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred on you by the Australian Consumer Law or any other applicable law that cannot be excluded, restricted or modified by agreement (Non-Excludable Guarantee).
Your vehicle may have a limited warranty that includes the equipment installed in the vehicle that is needed to access and use the Connected Services (together, System), including the Device. MMAL does not, however, provide any warranty, guarantee, undertaking, representation or condition about the Connected Services, including about the availability or accuracy of any data that you may be able to access using the Connected Services, about the availability, performance, timeliness or results of the Connected Services, or about availability, timeliness or performance of third-party services that can be requested by using the Connected Services, such as breakdown assistance or emergency medical services. We do not make any promises that the Connected Services will meet your needs, that they will operate without interruption, or that they will be error-free. You agree that if you do not like the Connected Services or do not think that they meet your needs or any other promises, your sole remedy will be to cancel your Subscription and seek a refund under Section 3. SUBJECT TO NON-EXCLUDABLE GUARANTEES, WE AND OUR SERVICE PROVIDER PARTNERS EXCLUDE AND DISCLAIM ALL WARRANTIES, GUARANTEES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR ACCEPTABLE QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, AND WHETHER ARISING UNDER STATUTE, COMMON LAW, EQUITY, TRADE, CUSTOM OR USAGE OR ANY OTHER SOURCE. ALL CONNECTED SERVICES ARE PROVIDED “AS IS”.
Our services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:
i. to cancel your service contract with us; and
ii. to a refund for the unused portion, or to compensation for its reduced value.
You are also entitled to be compensated for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure you are entitled to have problems with the service rectified in a reasonable time and, if this is not done, to cancel your contract and obtain a refund for the unused portion of the contract.
11. b. Limitation of Our Liability
To the maximum extent permitted by law, our liability for breach of a Non-Excludable Guarantee is limited, at our option, to:
i. in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired; or
ii. in the case of services, the supplying of the services again or the payment of the cost of having the services supplied again.
You agree that we will have no liability for any consequential, incidental, indirect, punitive or exemplary damages, or for any loss of business, revenue, profit, savings, data (including corruption of data) or opportunity, alleged to be suffered by to you, your Vehicle Users or any other person, including any family member, employer or employee. We will not have any liability for direct or other damages arising from:
i. your misuse of the Connected Services, the Device or your vehicle, or
ii. failure to maintain your vehicle or failure to follow instructions for use of the Connected Services.
Our liability to you for any type of direct damages arising out of any cause of action or for any cause (including for negligence) will not exceed the amount paid by you to MMAL for the Connected Services under these Terms during the twelve (12) month period preceding the last act giving rise to such liability. These limitations apply whether you are making a claim under contract law or tort law.
11. c. No Right of Action Against Third-Party Service Providers
These Terms do not give you any rights against any of the third-party service providers that we contract with in order to provide Connected Services to you, including any wireless carriers, the Mitsubishi Assistance Centre agents, the operator of the Services Platform, the manufacturer of the Device, the developer of the Mobile App, or other persons who help us. The warranty and condition disclaimers, limitations of liability and other protections of these Terms extend to these third parties as well, and we hold them on trust for their benefit.
11. d. Limitation on Claims; Indemnity
You agree on your own behalf and on behalf of your Vehicle Users not to bring any claim against MMAL, any Dealer, or any of our third-party service provider partners for any claim for which we have disclaimed responsibility under this Section 11. If you, or any party claiming under you, brings such a claim, you agree that you will be responsible for all of our costs and expenses, including legal fees, in defending the claim. Except where prohibited by law, you may not bring any claim against us, the Dealer, or any of our service provider partners more than one year after the claim arises. You agree that the disclaimers of warranties and conditions, limitations of liability and your agreements to be responsible for costs in these Terms will survive even after this agreement has ended.
You agree to indemnify, defend, and hold MMAL, any Dealer, or any of our third-party service provider partners harmless from any claims arising out of or relating to your actions, including, but not limited to, your use of the Connected Services and any information you submit, post, transmit, or make available via the Connected Services; failure to safeguard your passwords or other account information; or violating these Terms, the Privacy Policy, or any other policy referenced in these Terms, any applicable law or regulation, or the rights of any third party.
11. e. No Modification of Warranty or Limitation of Liability
You understand that no one, including any Dealer, has the authority to make any representations or promises about the Connected Services other than what is in these Terms or to modify any warranty for the Connected Services or to retract or change any disclaimer of warranties or limitation of liabilities. Promises about the Connected Services beyond what is in these Terms or modifications to the warranty or limitation of liability provisions will only be binding on us if they are made in writing by an authorised representative of MMAL.
12. INTELLECTUAL PROPERTY RIGHTS
We, our third-party service providers, and our and their licensors own all of the software and hardware technology (in both source and object code) used to provide the Connected Services, including the System Platform, and the Mobile Apps. This ownership extends to all copyrights, patents, patent applications and trade secrets used in that technology. As between the parties, MMAL also owns all intellectual property rights in any Content and in all worldwide trademarks that we and our service providers use in connection with the Connected Services. You promise you will not: (a) use or allow your Vehicle Users to use any Content you receive through the Connected Services for any purpose other than the use of the Connected Services, or (b) attempt to reverse engineer any of our technology to derive our trade secrets or source code, except as expressly authorised by us.
13. DISPUTE RESOLUTION
13. a. Informal Dispute Resolution
If you and we have a disagreement related to these Terms or the Connected Services, or if you think you have any kind of claim against us or any of our service provider partners related in any way to the Connected Services (Dispute), you and we agree to try to resolve it first by talking with each other in good faith. We will provide a means to contact an authorised MMAL representative by sending an email to customerservice@mmal.com.au.
13. b. Dispute Resolution
If we are not able to resolve our Dispute informally, you and we both agree to endeavour to resolve the Dispute via mediation. In this situation, a party claiming that a Dispute has arisen must notify the other party to the Dispute in writing giving details of the Dispute.
You and we must, within 14 days of receipt of the notice of the Dispute under this clause, refer the Dispute for mediation by a mediator and on mediation terms agreed by the parties (or if no agreement can be reached within 7 days, by a mediator nominated by the President of the Law Society of South Australia, on terms of mediation approved by the nominated mediator).If, within 30 days of the appointment of a mediator, the Dispute has not been resolved, either party may terminate the mediation.
Neither party commence any court proceedings (other than proceedings for urgent injunctive or interlocutory relief) in respect of a Dispute until it has complied with this clause. Each party must bear its own costs of resolving the Dispute under this clause and, unless the parties otherwise agree, the parties must bear equally the costs of any mediator engaged for that purpose.
14. GENERAL TERMS
14. a. How We Communicate with Each Other
If we need to contact you, we will use the information we have about you including in your Account. You have the responsibility to update your contact information if it changes. Any written notice from you required by these Terms will be considered given when we receive it at our address provided below. Any written notice from us required by these Terms will be considered given when we send it to you by email to any email address you have provided to us, or three days after we mail it to you at the most current billing address we have on file for you in your Account.
Please contact MMAL by phone on 1300 911 850 by email (customerservice@mmal.com.au) or by sending us a request at the address below:
Attention: Customer Relations
Mitsubishi Motors Australia Limited
PO Box 249
EXPORT PARK, SA 5950
Email: customerservice@mmal.com.au
14. b. Our Relationship
By providing Connected Services, neither we nor our service provider partners intend to take on any special or heightened responsibilities to you or your Vehicle Users, such as fiduciary duties or responsibilities of emergency responders. We have only a contractual relationship.
14. c. Entire Agreement
These Terms (including the Privacy Policy, as amended by MMAL from time to time, and any other documents incorporated in the Terms) are the entire agreement between you and us about their subject-matter. It supersedes all other agreements or representations, oral or written, between us, past or present, about their subject-matter. If any part of these Terms is considered invalid by a court or arbitrator, the rest of it will remain enforceable. It will also be binding on your heirs and successors and on our successors. No waiver of any part of these Terms, or of any breach of these Terms, in any one instance will require us to waive any other instance or breach. IN SOME CIRCUMSTANCES WE MIGHT DECIDE TO PROVIDE YOU CONNECTED SERVICES VOLUNTARILY EVEN IF YOU WOULD NOT OTHERWISE QUALIFY. THIS WILL NOT BE DEEMED A WAIVER OR REQUIRE US TO DO SO AGAIN. YOU AGREE WE WILL NOT BE LIABLE FOR ANYTHING RESULTING FROM OUR PROVISION OF SUCH CONNECTED SERVICES.
14. d. Updates to Terms
MMAL reserves the right to modify, amend, restate or replace all or any portion of these Terms at any time. If MMAL makes any such changes, we will provide you with thirty (30) days prior written notice of such changes and their effective date via the contact information you have provided. You shall be deemed to have agreed to the revised Terms if you continue using the Connected Services after the effective date of such changes. If you do not agree with the changes, your sole and exclusive remedy is to not use the Connected Services or to cancel your Services Package and/or the Non-Subscription Services in accordance with Section 3 (Cancellation and Termination) above.
14. e. Acceptance
By clicking the “agree” button, you are providing your electronic signature, and you agree that you have read these Terms and agree to be bound by these Terms, whether or not you have read them. You represent that you are authorised to access and use the Connected Services. You agree that you are at least 18 years old and are lawfully able to enter into these Terms. Further, you agree to make all other Vehicle Users aware of these Terms and subject to these Terms. You are solely responsible and liable for the use of the Connected Services for your vehicle, even if you are not the one using the Connected Services or the vehicle, and even if you later claim that such person’s use was unauthorised.