“Honda RoadSync” Terms of Service
These “Honda RoadSync” Terms of Service (these “Terms”) set out the terms of the use of the Services that Honda Australia Motorcycle and Power Equipment Pty Ltd, an Australian corporation (“Honda,” “we,” “us,” or “our”) provides, as between you and us. In these Terms, the “Services” means products and services that we provide under the name “Honda RoadSync,” through the Internet or mobile networks, including, but not limited to, the application software associated therewith (including updates and new versions of the software) (the “Software”).
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SERVICES. THESE TERMS CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND HONDA REGARDING THE PROVISION AND THE USE OF THE SERVICES. BY DOWNLOADING OR INSTALLING THE SOFTWARE, OR USING ANY ASPECT OF THE SERVICES, YOU ARE AGREEING TO BE BOUND BY THESE TERMS AND ARE BECOMING A PARTY TO THE AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICES.
We may amend these Terms from time to time. When we amend these Terms, the revised Terms will be presented to you for review and acceptance next time you launch the Software. You will be bound by the revised Terms when you agree to them. If you do not agree to revised Terms, then you will no longer be able to use the Services.
1. USER ELIGIBILITY
1.1 Only legal residents of Australia are eligible to use the Services. The Services are provided to individuals for their personal and non-commercial use only.
1.2 The Services are intended for use by users who are of the legal age required to hold a driver’s license under the applicable laws. If you are under the applicable age to hold a driver’s license in your country or territory of residence, you are not eligible for the Services.
1.3 In addition to Section 1.2, if you are under the age of 18 (or under the applicable age of majority in your country or territory of residence), you may use the Services only if you have the consent of your parent or guardian, including consent to these Terms.
2. USE OF THE SERVICE
2.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE USE OF OR ANY RELIANCE UPON ANY INFORMATION OR CONTENT AVAILABLE THROUGH THE SERVICES IS SOLELY AND COMPLETELY AT YOUR OWN RISK AND RESPONSIBILITY.
2.2 When you use the Services, or any information or content available through the Services (including, but not limited to, [map data, traffic, and directions]; the “Contents”), you may find that actual conditions differ from the Contents. You acknowledge that the Contents are not intended to replace the information provided on the road, such as [travel directions, time based restrictions, lane restrictions, road blockades, traffic signs, traffic lights, police instructions], etc. Accordingly, you must use the Services or the Contents in your independent and good judgment. You are responsible at all times for your conduct and its consequences.
2.3 You must obey, follow and comply with all actual road conditions, traffic and all other laws and regulations, and police and other governmental instructions. For instance, although the Services may provide [an interface that enables you to operate your device on which the Software has been installed, through your voice commands and simplified finger movements while driving a vehicle,] it is your sole responsibility to evaluate whether the use of the interface is safe and legal under the circumstances. For the avoidance of doubt, when you operate your mobile device (smartphones, tablets, etc.), you shall use it after stopping at a safe place and in accordance with applicable laws and/or regulations and shall not operate your mobile device while you are riding because insufficient attention to the road and traffic may cause an accident.
2.4 The Services may rely on or display the Contents provided by you or procured by you from third parties (collectively, “Third Party Content”). We are not responsible in any way for your use of Third Party Content and any resulting damages. For instance, we are not responsible for any incorrect or dangerous map directions the Software may access from other applications on your device. You are solely responsible for procuring any Third Party Content and paying any cost and fees therefor.
2.5 To use the Services, you may need a vehicle equipped with devices (bluetooth, etc.) for Honda RoadSync, a mobile device (smartphones, tablets, etc.), a mobile accessory (headsets, earphones, microphones, etc.), and data carrier coverage (collectively, “Other Services”). When you use Other Services, you must comply with the terms of the applicable Other Services. You are solely responsible for procuring any Other Services and paying any cost and fees therefor. For the avoidance of doubt, the Services are partially spatially restricted to the reception and transmission range of the radio stations of data carrier coverage operated by their respective network operators, requiring the activation of mobile data. In addition, the Services may be affected by obstacles such as atmospheric conditions, terrain conditions, vehicle positions, and buildings. We will not provide, or pay any costs and fees related to, Other Services. Some Other Services may not be compatible with the Services. You use the Other Services at your own risk and responsibility. We shall not be liable for any damages or trouble in the use of Other Services.
2.6 [Any notices we deliver to you may be made as follows: (i) by email to the e-mail address provided by you to log into the Service, or (ii) by posting a notice on the website associated with the Services. You agree to provide and maintain accurate, current and complete information, including your contact information for notices and other communications from us.]
3. LICENSE AND OWNERSHIP
3.1 Subject to these Terms, we hereby grant to you a non-exclusive, limited, non-transferrable, non-sub licensable, revocable license to use the Services and the Contents, and download, install and use the Software, solely for personal and non-profit purposes. This license does not include a license to reproduce, modify, or distribute the Software.
3.2 The Software may contain a feature that allows us to remotely disable the Software, for instance to ensure that you do not use the Software longer than the term of your license to use the Software. Following a remote disable, the Software may cease to function in some or all respects, and you may lose access to data made with or stored using the Software. The disabling of the Software is a key feature of the license rights and responsibilities conveyed under these Terms.
3.3 Except for the license granted in Section 3.1, all rights, title and interest (including, but not limited to, all intellectual property rights) in and to the Services, the Contents, and the Software are owned by Honda, its group companies and/or other licensors, and is protected by copyright laws, as well as other intellectual property laws and treaties. We grant no other rights, express or implied, to you.
4. PROHIBITIONS
You agree that as a condition of your license, you may not and agree not to:
(i) reproduce, download, distribute, upload, display, sell, rent, lease, create derivative works, or otherwise use or exploit all or part of the Services, the Content or the Software other than expressly permitted under these Terms;
(ii) provide us with false or incorrect information in connection with the Services (including, but not limited to, using a third party’s user name, password, account information, name, or other attributes);
(iii) disclose, transfer or lend your accounts (including, but not limited to, any ID and password associated therewith) to a third party or otherwise allow a third party to use the accounts;
(iv) move, decompile, reverse-engineer, disassemble the Software, any digital rights management mechanism, device, or other content protection or access control measure incorporated into the Services;
(v) bypass, modify, defeat, tamper with or circumvent any of the functions or protections of the Services;
(vi) access, monitor or copy any element of the Services using automated means (including, but not limited to, a robot, spider, or scraper);
(vii) destroy, obstruct, tamper with, or alter any system, data or network related to the Services; transmit to us, store on any system related to the Services, or activate, any data containing computer viruses or other harmful computer programs;
(viii) damage, disable, overburden or impair the Services; or
(ix) use the Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms.
5. FEEDBACK
If you provide any feedback to us concerning the functionality and performance of the Services (including, but not limited to, identifying potential errors and improvements) (“Feedback”), you agree that: (i) your Feedback must not contain the confidential, proprietary or personal information of third parties; (ii) we have no obligation of confidentiality, express or implied, regarding the Feedback; (iii) we may have something similar to the Feedback already under consideration or in development; and (iv) you hereby grant to us a world-wide, perpetual, non-exclusive, assignable, sub-licensable, transferable right to use your Feedback without payment to you for any purpose, including to improve the Services and create other products and services, and irrevocably waive, and cause to be waived, against us and other parties designated by us, any claims and assertions of any moral rights contained in such Feedback.
6. PRIVACY
We may collect information from you regarding use of the Services, which may include personal information. Subject to receiving your consent, the collection may occur automatically through your use of the Software. We collect the information for the purposes of answering enquiries and providing information about our Services, providing, support and maintaining the Service, quality assurance, defect investigation and resolution, product development and improvement.
The Services include functionality to allow you to consent or withdraw your consent to our collection of information
The information that we collect is disclosed to our related body corporate Honda Motor Co., Ltd located in Japan, and will be stored and processed primarily in Japan by Honda Motor Co., Ltd and its service providers.
For more information about our collection, use, and sharing of your information in connection with the Services, please refer to our Privacy Policy, URL of which is described below. Our privacy policy contains information about how you may request access and correction of the personal information held by us, and how you may complain about a breach of your privacy and how we will deal with such a complaint.
<URL> https://global.honda/en/voice-control-system/legal/AU/privacy.html
7. SUSPENSION AND TERMINATION
7.1 You may, at any time, elect to delete your account with us in connection with the Services by following our process (as specified from time to time).
7.2 We may, in our sole discretion and without notice or liability to you, restrict, suspend, or terminate your use of, or access to, all or a part of the Services, if: (i) we believe that you violate any of these Terms; (ii) we are required to do so under law, rule, regulation or other government authorities; (iii) any unexpected technical issues or problems occur; or (iv) circumstances arise that are reasonably beyond our control (including, but not limited to, earthquake, flood, or other natural disasters, catastrophe, labor dispute, civil disruption, war, or amendment of law or regulation).
7.3 We may, for any reason what so ever, in our sole discretion and without any liability to you, withdraw the Services from the market, in which case we may terminate your use of the Services, by giving you at least 30 days prior notice.
7.4 When we terminate your use of the Services pursuant to Section 7.2 and 7.3, the agreement based on these Terms and formed between Honda and you is terminated on the effective date of the notice of termination. Upon the termination, you must immediately cease using the Services and destroy or delete all copies of the Software from any of your devices. For the avoidance of doubt, the termination does not affect any accrued rights and remedies of Honda and you.
8. NO WARRANTIES
8.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS. YOU ASSUME ALL RESPONSIBILITY FOR SELECTION OF THE SERVICES TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE SERVICES. HONDA AND ITS RELATED BODIES CORPORATE (COLLECTIVELY, THE “HONDA GROUP COMPANIES”) DO NOT REPRESENT OR WARRANT THAT THE SERVICES WILL NOT CONTAIN ERRORS. HONDA GROUP COMPANIES DO NOT REPRESENT OR WARRANT THAT THE SERVICES WILL MEET LEGAL REQUIREMENTS FOR USE WITH VEHICLES. OTHERWISE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HONDA GROUP COMPANIES DISCLAIM ALL WARRANTIES AND CONSUMER GUARANTEES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OR CONSUMER GUARANTEES OF MERCHANTABILITY, QUALITY, ACCURACY, TITLE, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE SERVICES. THERE IS NO WARRANTY AGAINST INTERFERENCE WITH THE ENJOYMENT OF THE SERVICES OR AGAINST INFRINGEMENT.
8.2 TO THE EXTENT PERMITTED BY APPLICABLE LAW, WHERE LIABILITY UNDER ANY WARRANTY OR CONSUMER GUARANTEE WHICH CANNOT LEGALLY BE EXCLUDED BUT CAN BE VALIDLY LIMITED, SUCH LIABILITY IS LIMITED TO: (A) 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; AND (B) IN THE CASE OF THE SERVICES, SUPPLYING THE SERVICES AGAIN; OR PAYING THE COST OF HAVING THE SERVICES SUPPLIED AGAIN. NOTHING IN THIS CLAUSE OR TERMS EXCLUDES YOUR REMEDIES UNDER THE AUSTRALIAN CONSUMER LAW IN RESPECT OF “MAJOR FAILURES” (AS DEFINED IN THE AUSTRALIAN CONSUMER LAW).
8.3 You hereby acknowledge and agree that some atmospheric, geographic, or topographic conditions, failure, congestion or outages of utility or wireless networks, and other various conditions beyond our control may prevent or delay your ability to receive the Services, or affect the quality of the Services.
9. LIMITATION OF LIABILITY
TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL THE HONDA GROUP COMPANIES BE LIABLE FOR ANY PERSONAL INJURY, OR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, AND IN ANY EVENT LOST PROFITS, LOST REVENUE AND PROPERTY DAMAGE, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE THE SERVICES, HOWEVER CAUSED. NOR SHALL HONDA GROUP COMPANIES BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND OUR REASONABLE CONTROL. SUBJECT TO CLAUSE 8.2 AND ANY LAWS THE APPLICATION OF WHICH MAY NOT BE LAWFULLY EXCLUDED, IN NO EVENT SHALL HONDA GROUP COMPANIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION FOR ALL CLAIMS ARISING UNDER OR RELATED TO THE SERVICES (WHETHER BASED ON CONTRACT, GUARANTEE, OR TORT LIABILITY, OR ANY OTHER LEGAL GROUND) EXCEED TWENTY FIVE UNITED STATES DOLLARS ($ 25).
10. INDEMNIFICATIONS
You will indemnify, hold harmless, and defend the Honda Group Companies, and their officers, employees, directors, representatives, agents, licensors and suppliers from and against any damages (including, but not limited to, all attorney’s fees and expenses), claims, and lawsuits that arise or result from your misuse or unsafe use of the Services or breach of these Terms.
11. GENERAL
11.1 These Terms are governed by the laws of the State of Victoria, Australia, without reference to its conflict of laws principles.
11.2 Any dispute between you and Honda regarding these Terms will be subject to the exclusive jurisdiction of the courts of the State of Victoria and the Commonwealth of Australia as its first instance.
11.3 If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
11.4 These Terms and the provisions referenced herein, constitute the entire agreement between you and Honda pertaining to the subject matter hereof and supersedes all prior or other arrangements, understandings, negotiations and discussions, whether oral or written. No waiver of any of the provisions of these Terms shall be deemed or shall constitute a waiver of any other provisions hereof, nor shall a waiver constitute a continuing waiver unless otherwise expressly provided.