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Honda Connected Services Terms and Conditions

Services Terms and Conditions ("Terms")

Contents

1. Information about these Terms

2. Contacting us

3. The Services

4. Creating a Connected Profile

5. eSIM activation

6. Confirmation of Ownership

7. Periodic Confirmation of Ownership

8. Invited Users

9. Service Packages

10. Content and usage of Service Packages

11. Ordering Service Packages

12. Automatic renewal of Service Packages

13. Cancellation and refunds of Service Packages

14. Third Party Service Packages

15. First Country of Registration

16. Acceptable Use of the Services

17. Warranty

18. Liability

19. Change of Vehicle ownership and deactivation of the Services

20. Termination of the Services by Honda

21. Termination of the Services by you

22. Consequences of termination

23. Changes to these Terms and Service Package Terms

24. Changes to the Services

25. Events Outside Our Control

26. Privacy

27. Intellectual property rights

28. Other terms

29. Applicable laws

30. Service Package Terms

1. Information about these Terms

1.1 We are Honda Motor Europe Limited (“Honda”, "we", "us" or "our”) a limited company registered in England and Wales and our registered address is Cain Road, Bracknell, Berkshire, England RG12 1HL. Our company number is 00857969 and our VAT number is GB 711019584

1.2 You should read these Terms carefully before you purchase or otherwise use any of the services ("Services") offered by Honda from time to time through a compatible Honda vehicle ("Vehicle") and/or the My Honda+ mobile phone application ("App").

1.3 These Terms and the App terms and conditions ("App Terms") together represent a legally binding agreement between you and Honda in relation to your purchase and/or use of the Services. You will be asked to accept these Terms which may require you to tick digital acceptance boxes within the App.

1.4 You understand that by accepting these Terms you will be legally bound by them and at the point of acceptance a legally binding agreement between you and Honda shall be formed. If you do not agree to these Terms you will not be able to purchase or use some or all of the Services.

1.5 These Terms include important information regarding your legal rights, obligations and remedies. Your attention is particularly drawn to the following clauses of these Terms: clause 5 (eSIM activation); clause 10 (Content and usage of Service Packages), clause 12 (Automatic renewal of Service Packages); clause 15 (First Country of Registration); clause 16 (Acceptable Use of the Services); clause 17 (Warranty); and clause 18 (Liability).

1.6 These Terms were last updated on: 9 March 2020.

2. Contacting us

2.1 If you have any questions about these Terms or the Services you can: 

 2.1.1 view the frequently asked questions and answers section of the Honda website ("FAQ Pages") at www.jareddanielsband.com/cars/owners/my-honda-plus/frequently-askedquestions.html;

2.1.2 contact us using the contact methods and contact details which are available on the FAQ Pages or otherwise notified to you by Honda.

2.2 Nothing in these Terms affects any legal rights you may have in law, such as under the Consumer Rights Act 2015, also known as "statutory rights". For more detailed information on your rights visit the Citizens Advice website www.citizensadvice.org.uk or call 03454 04 05 06.

3. The Services

3.1 In order to use or receive the benefit of the Services there are certain things which you will need to do. Honda will from time to time notify you of what these things are but you will, amongst other things, need to:

3.1.1 download and install the App on your smart phone (see the App Terms);

3.1.2 create a Honda Account and a Connected Profile (see clause 4);

3.1.3 have an eSIM in the Vehicle which is switched into Connected Mode (see clause 5);

3.1.4 complete Confirmation of Ownership and/or Periodic Confirmation of Ownership for the Vehicle (see clauses 6 and 7);

3.1.5 be the Primary User or an Invited User of the Vehicle (see clauses 6 and 8); and

3.1.6 have the required Service Package for the Services (see clause 9).  

3.2 The Services may vary depending on the model, specification and year of release of the Vehicle, and the First Country of Registration (see clause 15). If the Vehicle is not capable of receiving the Services, for example, due to local regulatory requirements or for technical reasons, then Honda is under no obligation to provide the Services to you.

3.3 Further details of the Services which are offered by Honda from time to time can be discussed with your dealer, are available on the FAQ Pages, and other information is available in the App. Please note that the Services may have limited functionality where you do not have the most recent version of the App or operating system on your smart phone downloaded.

3.4 In order to use the Services you must be at least 16 years old or such other age as may be: (i) specified in these Terms or the Service Package Terms, or (ii) required in your country in order to use the App and/or the Services.                            

4. Creating a Connected Profile

4.1 In order to use the Services you will be required to create a Honda connected services profile within the App ("Connected Profile"). To create a Connected Profile you must follow the process described in the App which may include you:

4.1.1 downloading and installing the App on your smart phone;

4.1.2 creating a Honda online user account ("Honda Account") by following the process set out in App Terms; and

4.1.3 providing further details such as your name, address and/or any other information which is required during the creation of your Connected Profile, or any other details which may be requested by us from time to time.

4.2 You must provide us with true, accurate and complete information when creating a Connected Profile and must maintain and promptly update or change that information from time to time as required.

4.3 If you provide untrue, inaccurate or incomplete information when creating a Connected Profile or do not promptly change or update your information from time to time as required, we reserve the right to terminate your Connected Profile with immediate effect and you may no longer be able to use the Services. Please see clause 19 below for further information about our rights to terminate.

4.4 You agree that you shall, and shall be solely responsible for, keeping your password and any other details relating to your Connected Profile safe and confidential. If you believe that anybody has gained unauthorised access to your Connected Profile you should change your password immediately.

4.5 In order to delete your Connected Profile, please follow the process described in the App, and in order to delete your Honda Account, please contact Honda. If you delete your Honda Account your Connected Profile will also be deleted automatically so please consider the deletion of your Honda Account carefully. Please see our Privacy Notice for further details of how deleting your Honda Account or Connected Profile might affect your data we are in possession of.

4.6 If at any time you cease to have a Connected Profile your eSIM may be switched into eCall Mode (as defined in clause 5) and you will not be able to receive the Services. In such cases Honda shall not be required to issue a refund for any unused Services or be liable for any loss of use or availability of the Services. To enable your eSIM to be switched back into Connected Mode (as defined in clause 5) you will need to create a new Connected Profile and follow the process set out in clause 5 again.

5. eSIM activation 

5.1 Vehicles capable of receiving the Services contain an embedded subscriber identity module chip ("eSIM"). The eSIM may initially be set to "eCall only mode" which means that the eSIM is not fully connected to a mobile telecommunications network and the Vehicle is not capable of receiving or transmitting any data and therefore providing any Services ("eCall Mode").

5.2 In order to benefit from the full features of the Services, you will be required to activate your eSIM by switching it into "connected mode" which means that it is fully connected to a mobile telecommunications network ("Connected Mode"). To switch your eSIM into Connected Mode, you will need to follow the instructions in the App which may require you to have access to the Vehicle and visit a Honda dealership.

5.3 The eSIM and its connection to a mobile telecommunications network is managed by Honda's third party network provider. By completing the steps set out in clause 5.2, you confirm that you consent to the eSIM being switched into Connected Mode and being connected to a mobile telecommunications network.

5.4 If you would like your eSIM to be switched from Connected Mode to eCall Mode, you will need to remove the Vehicle from your Garage (as defined in clause 6.5) or delete your Connected Profile.  Once you have completed one of these actions, Honda will use its reasonable efforts to switch the eSIM into eCall Mode but this may be dependant on a number of external factors, such as the Vehicle being in an area with access to a mobile telecommunications network. By switching the eSIM into eCall Mode you will not be able to access the Services and Honda shall not be required to issue a refund for any unused Services or be liable for any loss of use or availability of the Services.

5.5 Please note that only the Primary User (as defined in clause 6.4) is permitted to switch the eSIM into Connected Mode or eCall Mode and, by carrying out such requests and actions, you warrant that you are or will be the Primary User.

6. Confirmation of Ownership 

6.1 If you have a Vehicle which is capable of receiving Services, once you have created a Connected Profile and your eSIM has been switched into Connected Mode, you may link the Vehicle to your Connected Profile using the App.

6.2 In order to link the Vehicle to your Connected Profile, you will be required to confirm that you are the legal owner of the Vehicle or have the clear and undisputed permission from the legal owner to use the Vehicle as a Primary User (as defined below) ("Confirmation of Ownership").

6.3 To complete Confirmation of Ownership, you will need to follow and complete the Confirmation of Ownership process as described in the App. This process may require you to have access to the Vehicle and enter certain information into the App and/or the Vehicle's in-vehicle display unit (the "Vehicle Display Unit") such as the vehicle identification number ("VIN").

6.4 The individual who has completed the Confirmation of Ownership for the Vehicle shall be designated as the primary user of the Vehicle for the purposes of the Services and these Terms ("Primary User").

6.5 Once Confirmation of Ownership has been completed, the Vehicle will be displayed in a virtual garage within the App which shows the Vehicles associated with you Connected Profile ("Garage"). Please note that designation as the Primary User and/or completion of the Confirmation of Ownership does not mean that you become the legal owner of the Vehicle. This is purely a process implemented by Honda for managing the Services.

6.6 By completing the Confirmation of Ownership and/or a Periodic Confirmation of Ownership (as described in clauses 6 and 7), you warrant and represent to Honda that you are the legal owner of the Vehicle or have the clear and undisputed permission from the legal owner to use the Vehicle as a Primary User.  If you are in breach of this clause 6.6, then you agree to pay Honda and/or the legal owner of the Vehicle any losses, costs or other amounts which may be caused or incurred as a result of your wrongful Confirmation of Ownership or Periodic Confirmation of Ownership.

7. Periodic Confirmation of Ownership

7.1 In addition to Confirmation of Ownership when a Connected Profile is linked to the Vehicle for the first time as described in clause 6, from time to time you will be required to re-confirm that you are still the legal owner of the Vehicle or still have permission from the legal owner to use the Vehicle as a Primary User ("Periodic Confirmation of Ownership").

7.2 In order to complete Periodic Confirmation of Ownership, you will be notified from time to time by Honda that you must re-complete Confirmation of Ownership by following the instructions in the App. 

7.3 Periodic Confirmation of Ownership is a measure introduced by Honda to help prevent unauthorised usage of the Services and must be completed within the timescales prescribed by Honda in its notification to you. If you do not complete the Periodic Confirmation of Ownership within the prescribed timescales, Honda shall be entitled to switch your eSIM into eCall Mode and suspend the Services. In the event of a suspension of the Services, and provided you have an active Service Package which has not expired, you are able to have the suspended Services reinstated at any time by subsequently completing the Periodic Confirmation of Ownership and, if your eSIM needs switching back into Connected Mode, you may need to visit a Honda dealership as further described in clause 5.

7.4 Honda shall not be responsible or liable to you for any loss of or interruption to the Services whatsoever if there is a suspension of the Services as a result of you failing to complete a Periodic Confirmation of Ownership.  Similarly, where you have paid for Services in advance (for example through a Subscription Service Package) you agree that you are not entitled to a refund or compensation in relation to any period during which the Services are suspended.

 

 

8. Invited Users

8.1 The Primary User shall be entitled to allow additional individuals to use the App and/or the Services with the Vehicle ("Invited Users") by following the process set out in the App. You agree to only share with Honda the personal details or information of individuals who have requested to become Invited Users and have been provided with any information about such data sharing as may be required by applicable laws.

8.2 There may be limits on the permitted number of Invited Users that are allowed at any one time and further details of such limits are on the FAQ Pages.  In order to use the App and/or the Services the Invited User is required to create a Honda Account and a Connected Profile by following the process 5 set out in clause 4 or such other process as may be notified to the Invited User by Honda from time to time.

8.3 Except for clauses 5, 6 and 7, these Terms also apply to Invited Users who will need to accept these Terms when creating a Honda Account and Connected Profile by ticking digital acceptance boxes within the App.  If you are an Invited User you understand that by accepting these Terms you will be legally bound by them and at the point of acceptance a legally binding agreement between you and Honda shall be formed. If you do not agree to these Terms you will not be able to become an Invited User.

8.4 The Invited User and the Primary User shall be liable to Honda for any acts or omissions of Invited Users and any other user or occupant of the Vehicle (including for any breach of these Terms) to the extent that such acts or omissions cause Honda to suffer a loss or incur cost.

8.5 Once an Invited User has completed the required steps, the Vehicle will be displayed in their Garage.  Invited Users have more limited rights in respect of the Vehicle and the Services than Primary Users and Invited Users are not able to purchase or subscribe to Service Packages (see clause 9) in their own right.  Only the Primary User shall be entitled to purchase or subscribe to Service Packages for the Vehicle and only the Primary User is entitled to set certain preferences for the Vehicle which the Invited User cannot change.  Further information is available in the App.

8.6 If you are an Invited User you: 

8.6.1 warrant and represent that you have been invited and authorised by the Primary User to access, use and/or benefit from the App and the Services in relation to the Vehicle you are registering as an Invited User for; 

8.6.2 acknowledge that, if you are using the Vehicle, the Primary User and/or other Invited Users may be able to view certain information about your usage of the Vehicle and journey history (as further described in the Privacy Notice); and 

8.6.3 you shall have no rights or claims against Honda should the Primary User decide that you are no longer entitled to be an Invited User, including for any loss of use or availability of the Services.

9. Service Packages  

9.1 The Services are bundled into packages ("Service Packages") which are provided by: 

9.1.1 Honda as standard and/or at no charge in the case of the first owner of the Vehicle only ("Standard Service Packages");

9.1.2 Honda in return for a paid subscription ("Subscription Service Packages"); or

9.1.3 a third party organisation in return for a paid subscription ("Third Party Service Packages").

9.2 When purchasing or otherwise using certain Service Packages additional terms and conditions may apply to your purchase and/or use of those Service Packages ("Service Package Terms").  The Service Package Terms are set out at the end of these Terms or may be provided to you separately by Honda.  If you use the Services making up any Service Packages then you shall be deemed to have accepted, and agree to comply with, the applicable Service Package Terms.

9.3 The Service Package Terms should be read together with these Terms. The Service Package Terms are subject to and form a part of these Terms and your overall legally binding agreement with Honda (as described in clause 1.4).  If there is any conflict or inconsistency between clause 1 to clause 29 of these Terms and the Service Package Terms, the Service Package Terms shall prevail (to the extent of such conflict or inconsistency only).

10. Content and usage of Service Packages

10.1 A Service Package shall, subject to clause 10.3, begin on the date it has been activated which shall be notified to you by Honda and end on the expiry date specified in App ("Service Package Duration"). At the end of the Service Package Duration, Service Packages may be renewed or repurchased in accordance with clause 11 or, if you have previously agreed, automatically renewed in accordance with clause 12.  If a Service Package is not renewed or repurchased then you may not be able to use or receive the Services within that Service Package.

10.2 Honda shall be entitled to vary the content and features of the Service Packages from time to time and Honda makes no guarantee that the Services making up the Standard Services Package will always be provided as standard and/or at no charge (where applicable). Such Services may change to requiring a paid subscription at Honda's discretion and if you wish to continue using such Services you may, for example, be required to purchase the Standard Service Package (or a Subscription Service Package or Third Party Service Package).

10.3 Honda may from time to time offer Service Packages on a complimentary basis for a specified Service Package Duration (and that Service Package Duration may begin at an earlier date than it is ultimately activated).  Such an offer will be at Honda's absolute discretion and following the end of the applicable Service Package Duration you may be required to pay for the Service Package if you wish to continue to receive the Services.

10.4 All Service Packages are non-transferable (whether to another person or another Vehicle).  If the Vehicle is sold or its ownership is transferred before the end of the Service Package Duration then any new owner or user of the Vehicle will be required to purchase a new Service Package if they wish to use or receive the benefit of the Services.  Honda shall not be required to issue a refund for any unused portion of a Service Package and you accept responsibility for any loss of use or expenditure if a Service Package ends before the Service Package Duration.  For the avoidance of doubt any complementary Service Packages offered in connection with clause 10.2 are also non-transferable in accordance with this clause.

11. Ordering Service Packages

11.1 From time to time you may wish to order a Service Package from Honda, for example, because you want to use certain Services offered by Honda or because your existing Service Package has expired or terminated.  Please note that certain Service Packages and Services are only compatible with certain models and specifications of Vehicle and also may only be available in certain countries. Honda is under no obligation to provide the Services to you where the Vehicle is not compatible or the Services are not available in your country.

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

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

11.4 The Services are subject to VAT or similar sales taxes so if you move country you should notify Honda immediately as this may impact on the total pricing of your Service Package (for example, to take account of any higher rates of VAT or similar sales tax in your new country of residence).  Honda shall be entitled to claim from you any increased VAT or similar sales taxes which may apply as a result of you moving country.

12. Automatic renewal of Service Packages

12.1 Once a Service Package has been ordered you can opt for it to be automatically renewed at the end of the Service Package Duration and you will be charged for using the Service Package for the further period of time which is displayed in the App.  In such cases you agree and authorise 7 Honda to take the required payment from your credit or debit card at the time the Service Package is automatically renewed.

12.2 In accordance with our Privacy Notice, ahead of a Service Package being automatically renewed in accordance with these Terms, we may send you an email or other communication to notify you that your Service Package Duration is coming to an end.  Please follow the process set out in the App or contact Honda if you do not want your Service Package to be automatically renewed.

12.3 If you fail to renew a Service Package then you will not be able to receive the corresponding Services.  In such cases please follow the process set out in the App or contact Honda.

13. Cancellation and refunds of Service Packages provided by Honda

13.1 Where you place an order for a Service Package provided by Honda using the online order process described in clause 11 or a Service Package is automatically renewed in accordance with clause 12, you are entitled to cancel your order within 14 days of the date of your order without giving any reason.  In order to exercise your right of cancellation you must follow the process described in the App.  For the process applicable to Third Party Service Packages, please see clause 14 below.

13.2 Where you have cancelled an order in accordance with clause 13.1, we will refund the payment you have made to us in connection with the order as soon as practicable.  If you have used a Service Package before exercising your right of cancellation we may make a reasonable pro rata deduction from your refund to cover your corresponding use of the Service Package.  If you cancel a Service Package after 14 days of the date of your order then you shall not be entitled to a refund unless clauses 21, 23 or 24 apply. 

13.3 Refunds will be made to the same payment method used to pay for the order.  Nothing in these Terms affects any legal rights you may have in law, also known as "statutory rights".

14. Third Party Service Packages

14.1 Third Party Service Packages may be made up of goods and/or services that are provided by a third party organisation which is not part of the Honda group of companies ("Third Party Provider").

14.2 In order to purchase Third Party Service Packages you may be required to accept and agree to the relevant terms and conditions and policies of the Third Party Provider ("Third Party Terms") and pay fees to the Third Party Provider.  Further legal terms and conditions applicable to Third Party Service Packages are set out in the Service Package Terms applicable to Third Party Service Packages and the applicable Third Party Terms.

14.3 You agree to comply with the Third Party Terms and pay any applicable fees to the Third Party Provider.  We shall not be liable for the acts or omissions of any Third Party Providers (including, but not limited to, any issues relating to the functionality or availability of any Third Party Service Packages).

14.4 You agree that if you cancel any Third Party Service Packages you may not be able to receive the full benefit of the Services and you may not be entitled to a refund for any other Service Packages you have paid for in advance but can no longer use.

14.5 You are responsible for cancelling Third Party Service Packages which you are subscribing to or paying to receive in connection with the Services.  Please note that you may have certain rights to a refund from the Third Party Provider in the event of cancellation of your order with them and such rights should be discussed with the relevant Third Party Provider and not Honda. In addition, Honda shall not be responsible for any amounts you are required to pay to a Third Party Provider despite you no longer using the Services.

14.6 Please be aware that Third Party Providers may process your personal data and that such processing may be subject to certain Third Party Terms which apply between you and the Third Party Provider.  We may change our Third Party Providers from time to time and will notify you if this is the case.

15. First Country of Registration

15.1 When a Vehicle is linked to a Connected Profile for the first time by following the Confirmation of Ownership process, the functionality of the App and the Services will reflect the country of registration of the Vehicle's VIN ("First Country of Registration").

15.2 Certain Services may not be available in every country, for example, due to local regulatory requirements or for technical reasons and the First Country of Registration which is selected for the Vehicle will dictate what Services the Vehicle is able to ultimately receive.  Honda shall not be responsible for any loss of use or unavailability of the Services as a result of the First Country of Registration which is selected for the Vehicle.

15.3 Once the First Country of Registration has been selected it can only be changed by contacting Honda (in accordance with clause 2.1.2) and providing satisfactory evidence that the Vehicle will be registered in a different country to the First Country of Registration. In such cases Honda will, subject to clause 15.6, use its reasonable efforts to link the Connected Profile to the new country where the Vehicle is registered but Honda makes no guarantee that it will be able to change the First Country of Registration.

15.4 When you Complete Confirmation of Ownership and/or re-register the VIN, you confirm that the country where you are registering the Vehicle is the country where that Vehicle will primarily be used.

15.5 Where you sell the Vehicle you agree to notify the buyer: (i) of the First Country of Registration, and (ii) that certain Services may not be available in all countries, in advance of them completing their purchase of the Vehicle. Honda shall not be responsible for any claim a buyer of the Vehicle may have as a result of the unavailability of any Services in the country within which they intend to use the Vehicle as a result of these not being available in the First Country of Registration.

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

16. Acceptable Use of the Services

16.1 You may not use the Services contrary to what is stated in these Terms and any applicable Service Package Terms.

16.2 You agree:

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

16.2.2 not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the Services (unless permitted elsewhere in these Terms, for example, in the case of Invited Users);

16.2.3 not to make alterations to, or modifications of, the whole or any part of the Services, or permit the Services or any part of the same to be combined with, or become incorporated in, any other programs; and

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

16.3 You must:

16.3.1 not use the Services or any of their features in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the Services, the Vehicle or any other operating system;

16.3.2 only use the Services for their intended use and in a reasonable manner;

16.3.3 inform Honda as soon as reasonably practicable if changes to the ownership of the Vehicle occur (including but not limited to the sale, theft or loss of the Vehicle, or unauthorised use of the Vehicle);

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

16.3.5 not infringe our intellectual property rights or those of any third party in relation to your use of the Services or any of their features;

16.3.6 not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the Services or any of their features;

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

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

16.4 You agree not to use the Services in a way that:

16.4.1 would be in breach of applicable laws, including any road traffic laws and regulations in any country and any legislation applicable to the use of handheld devices while driving;

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

16.5 Honda does not warrant that all Services are suitable or safe for use in all circumstances, or lawful in all countries.  You agree that you are responsible for the safe use of the Vehicle and the Services and you agree at all times to use reasonable skill and judgement when using or receiving the Services.

16.6 You must ensure that any Services are lawful in the country you are in before using those Services.

17. Warranty

17.1 We agree to provide the Services to you with reasonable skill and care and will use our reasonable efforts to make the Services available to you at all times.  However, you acknowledge and agree that:

17.1.1 the Services will not be error free or constantly available without any interruption.  The availability and functionality of the Services may be dependant on the availability of mobile telecommunications networks, other Third Party Service Packages, a GPS signal, and other factors relating to the Vehicle;

17.1.2 the Services may not operate properly or at all if the Vehicle has not been maintained and kept in a good working order or where you fail to install any required software updates;

17.1.3 the Services may be subject to periods of unavailability or disruption during times where maintenance, updates and modifications are being carried out (this may also include instances where Third Party Service Packages are being maintained, updated or modified by the relevant Third Party Provider).

17.2 The Services are provided for your convenience and are not intended to replace any part of the driving task.  You should remain alert at all times and drive safely.  The Services do not constitute insurance and you shall not be entitled to rely on the Services to limit any potential liability you may have in the event of an accident.

17.3 The Services (and any messages, data, information, content, or other material provided in conjunction with the Services) are designed for personal and non-commercial use only, and not re-sale or business use. 

18. Liability

18.1 If we fail to comply with the Terms, we may be responsible for loss or damage you suffer that is a foreseeable result of our breach of the Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable.  Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time you agreed to the Terms.

18.2 We only supply the Services for domestic and private use.  You agree not to use the Services for any commercial, business or re-sale purposes, and we shall at all times have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. 

18.3 We do not in any way exclude or limit our liability for:

18.3.1 death or personal injury caused by our negligence;

18.3.2 fraud or fraudulent misrepresentation; or

18.3.3 any matter which it is not permitted by law to limit or exclude, or attempt to limit or exclude, our liability.

18.4 Nothing in these Terms affects any legal rights you may have in law, such as under the Consumer Rights Act 2015, also known as "statutory rights".  For more detailed information on your rights visit the Citizens Advice website www.citizensadvice.org.uk or call 03454 04 05 06.

19. Change of Vehicle ownership and deactivation of the Services

19.1 If the Primary User ceases to be the legal owner of the Vehicle or ceases to have the clear and undisputed permission from the legal owner to use the Vehicle as a Primary User, for example due to the Vehicle being sold or following a request from the legal owner of the Vehicle, then the Primary User must promptly either remove the Vehicle from their Garage or delete their Connected Profile or Honda Account ("Deactivation").  Please note that deletion of your Connected Profile or Honda Account is not strictly necessary as long as you remove the Vehicle from your Garage (deleting your Connected Profile or Honda Account will automatically result in the Vehicle being removed from your Garage).

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

19.2.1 cancel any active Service Package(s);

19.2.2 remove the link between your Connected Profile from the Vehicle;

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

19.3 Once you have completed Deactivation you will no longer be able to use the Services and Honda shall not be required to issue a refund for any unused Services or be liable for any loss of use or availability of the Services. You may be able to continue to use the App but with limited functionality. Please see our Privacy Notice for further details of how Deactivation might affect your data we are in possession of.

19.4 If you remove the Vehicle from your Garage it will not then be possible to re-add that same Vehicle to your Garage.  Instead, you will need to create a new Connected Profile and then follow the process in clause 6 again.

19.5 If you fail to complete Deactivation following, for example, a sale of the Vehicle or a change of Primary User you agree not to continue to use the Services (by way of example you will not track any subsequent Primary User, Invited User or other user of the Vehicle through the App or the Services).

19.6 We shall not be liable or responsible for failure by you to complete Deactivation following, for example, a sale of the Vehicle or a change of Primary User.  Any new owner of the Vehicle may be able to carry 11 out a new Confirmation of Ownership which will automatically remove the Vehicle from your Garage and transfer it into their Garage.

19.7 If we suspect or become aware that you are no longer the Primary User or no longer have the permission of the legal owner of the Vehicle to be a Primary User, we shall be entitled to deactivate or suspend:

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

19.7.2 your Service Package(s),  unless you can prove to our reasonable satisfaction that you are still the Primary User or still have the permission of the legal owner of the Vehicle to be the Primary User. In such cases Honda shall not be required to issue a refund for any unused Services or be liable for any loss of use or availability of the Services.

20. Termination of the Services by Honda

20.1 In the event that you breach these Terms we shall be entitled to immediately terminate or suspend your use of the Services by providing you with notice.  You will be liable to pay us any reasonable costs, losses or other liabilities which we incur or suffer as a result of such breach.

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

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

20.3.1 under clause 20.1, you shall not be entitled to any refund for any amounts you have paid in advance for Services you are no longer entitled or able to use.  This means that you will not be able to recover any amounts from Honda in relation to any period that you are unable to use the Services for following termination;

20.3.2 under clause 20.2, we will pay you a pro rata refund of any amounts paid in advance by you in respect of the remaining period of any Standard Service Package or Subscription Service Package which follows the date of its termination; and 

20.3.3 you should liaise with any Third Party Providers you have purchased Third Party Service Packages from to cancel that Third Party Service Package and reclaim a refund for the corresponding Services if permitted by the Third Party Provider.  Honda shall not be responsible or liable to you for any loss of use of a Third Party Service Package where the Services are terminated under clause 20.

21. Termination of the Services by you

21.1 You shall be entitled to terminate the Services if: 

21.1.1 we breach these Terms in a material way;

21.1.2 we change these Terms or any relevant Service Package Terms and such change is detrimental to you (as described in clause 19); or

21.1.3 we fundamentally change the Services and such change is detrimental to you (as described in clause 24).

21.2 In the event that you terminate the Services under clause 21.1:

21.2.1 we will pay you a pro rata refund of any amounts paid in advance by you in respect of the remaining period of any Standard Service Package or Subscription Service Package which follows the date of its termination; and

21.2.2 you should liaise with any Third Party Providers you have purchased Third Party Service Packages from to cancel that Third Party Service Package and reclaim a refund for the 12 corresponding Services if permitted by the Third Party Provider.  Honda shall not be responsible or liable to you for any loss of use of a Third Party Service Package where the Services are terminated under clause 21. 

22. Consequences of termination 

22.1 If the Services are terminated in accordance with these Terms (including under clause 19 or clause 21) you must promptly complete Deactivation. Upon termination of the Services you will no longer be able to use the Services.

22.2 If you fail to complete Deactivation following termination your name, contact number, the Vehicle’s current location, registration number and VIN may be transmitted to or accessible by third parties. Please see our Privacy Notice for further details.

23. Changes to these Terms and Service Package Terms 

23.1 We may update these Terms and the Service Package Terms from time to time, for example, to comply with changes in the law, to take account of new products, services or apps we may offer, or for other reasons.

23.2 We may change these Terms and/or the Service Package Terms at any time by notifying you of a change when you next start the App and you will be deemed to have accepted those changes if you continue to use the Services.  Where those changes are detrimental to you, you will be asked to agree to and accept the updated Terms and/or Service Package Terms by ticking digital acceptance boxes within the App in order to continue to use the Services.

23.3 If you do not agree to the updated Terms and/or Service Package Terms you may not be able to use the Services.  You understand that by accepting and agreeing to the updated Terms and/or Service Package Terms as prescribed under clause 23.2 you will be legally bound by them.

23.4 If we make any changes to these Terms or the Service Package Terms which are detrimental to you, we shall give you prior notice of any such changes and you may contact us to terminate the Services within 14 days.

23.5 If you decide to terminate the Services under clause 23.4 and those Services form a part of a Subscription Service Package then we will pay you a pro rata refund of any amounts paid in advance by you in respect of the remaining period of the Standard Service Package or Subscription Service Package following the date of termination. You should liaise with any Third Party Providers you have purchased Third Party Service Packages from to cancel that Third Party Service Package and reclaim a refund for the corresponding Services if permitted by the Third Party Provider.  Honda shall not be responsible or liable to you for any loss of use of a Third Party Service Package where the Services are terminated under clause 23.4.

24. Changes to the Services 

24.1 We may update the Services from time to time, for example, to comply with changes in the law, to take account of new products, services or apps we may offer, or for other reasons such as to improve safety and security. This may include discontinuing Services altogether or changing their features or functionalities.

24.2 Updates to the Services may be issued through an over-the-air update ("OTA Update") and you will be asked to install the OTA Update on the Vehicle Display.  Installing an OTA Update may require you to access the internet (using, for example, a mobile telecommunications network or your home wireless network).  You agree that you will be responsible for the cost of downloading any OTA Updates (except for those OTA Updates described in clause 24.3).

24.3 For certain safety or security related OTA Updates Honda may install these automatically for you and you agree that Honda has your permission to access the Vehicle, devices and associated systems in order to install such OTA Updates.  In these circumstances Honda shall be responsible for the cost of downloading the OTA Updates.

24.4 Should a Service which you use be discontinued or fundamentally changed as a result of an OTA Update and this is detrimental to you, we shall give you prior notice of any such changes and you may contact us to terminate the Services within 14 days.

24.5 If you decide to terminate the Services under clause 24.4 and those Services form a part of a Standard Service Package or a Subscription Service Package then we will pay you a pro rata refund of any amounts paid in advance by you in respect of the remaining period of the Subscription Service Package following the date of termination. You should liaise with any Third Party Providers you have purchased Third Party Service Packages from to cancel that Third Party Service Package and reclaim a refund for the corresponding Services if permitted by the Third Party Provider.  Honda shall not be responsible or liable to you for any loss of use of a Third Party Service Package where the Services are terminated under clause 24.4.

24.6 Please note that by downloading OTA Updates you will be deemed to have accepted any additional terms and conditions which are displayed on or accessible through the Vehicle Display. Such terms and conditions shall also be legally binding on you should you proceed with the OTA Update.

25. Events Outside Our Control

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

25.1.1 failure of public or private telecommunications networks;

25.1.2 failure of the Services due to lack of GPS signal, lack of internet connection, adverse weather conditions, natural disasters, change of law or any governmental directions or orders, or as a result of a serious collision which destroys all or part of the eSIM or any interconnected system with the Vehicle (including your mobile phone) to the extent that the same no longer functions to enable the transmission or receipt of information,  each an “Event Outside Our Control”.

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

25.2.1 our obligations under these Terms will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control; and

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

26. Privacy

Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our Privacy Notice, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities if you have a query or complaint about the use of your personal information.

27. Intellectual property rights 

27.1 The Services and all intellectual property rights in the Services are owned by us, our affiliates, or our licensors (as applicable). Intellectual property rights means rights such as: copyright, trade marks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind whether or not they are registered or unregistered (anywhere in the world). We, our affiliates, and our licensors reserve all of our and their rights in any intellectual property in connection with the Services. This means, for example, that we and they remain owners of such intellectual property rights and are free to use them as we and they see fit.

27.2 Subject to these Terms and your payment of any applicable fees to us or any Third Party Providers, we shall provide you with a licence to use the Services.  This licence, which may include certain  14 intellectual property rights of Honda, our affiliates, or our licensors, is non-exclusive and nontransferable.  This licence may only be used for the purposes of, and in accordance with, these Terms or any applicable Service Package Terms.

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

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

28. Other terms

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

28.2 We may transfer our rights and obligations under these Terms to another organisation, but this will not affect your rights or our obligations under these Terms.

28.3 You may only transfer your rights or your obligations under these Terms to another person if we agree this with you in writing. 

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

28.5 Each clause and paragraph of these Terms operates separately.  If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining clauses and paragraphs of these Terms will remain in full force and effect.

28.6 If we fail to insist that you perform any of your obligations under these Terms or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations.  If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

29. Applicable laws 

29.1 These Terms are governed by English law. This means that your use of the Services, and any dispute or claim arising out of or in connection with the Services (including non-contractual disputes or claims), will be governed by the laws of England. 

29.2 You can bring legal proceedings in respect of these Terms in the English courts. If you live in Scotland you can bring legal proceedings in respect of these Terms in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of these Terms in either the Northern Irish or the English courts.

30. Service Package Terms

30.1 Virtual Dashboard 

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

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

30.1.3 You may suspend the transmission of data at any time by following the instructions in the Vehicle or in the App. Suspension of data transmission may affect the functionality of certain features within the App and prevent the full use of the Virtual Dashboard.

30.1.4 The data included within the App may be inaccurate, incomplete and/or out of date due to the periodic exchange of data between the Vehicle and the App or due to Events Outside 15 Our Control. To view the latest Vehicle data available we recommend that you refer to the data displayed within the Vehicle. 

30.2 Electronic Vehicle Health Check (EVHC)  

30.2.1 EVHC enables you to view your EVHC report within the App and, subject to your privacy settings, receive notifications when your EVHC report is available to view.

30.2.2 Each EVHC is carried out by a third party service provider and the availability of this Service does not entitle you to an EVHC of itself.  For more information about the EVHC and our third party service providers please see the FAQ Pages.

 30.2.3 All responsibility for an EHVC rests with the relevant third party service provider and Honda is not under any circumstances liable for any acts or omissions of that third party service provider.

30.2.4 EVHC reports are created by third party service providers and accordingly Honda does not warrant the accuracy or completeness of any information contained within each EVHC report or the App.

30.2.5 EVHC report data is held in a third party data centre for a reasonable period as determined by Honda from time to time in accordance with our Privacy Notice.

30.3 Remote Functions 

30.3.1 The Remote Functions may change from time to time but, as at the date of these Terms, include services such as Remote Lock, Remote Unlock, Remote Horn, Remote Climate Control and Remote Charge, Geo Fence, Send POI, Car Locator, Journey History, Route Planner Favourite, Remote Climate Control, Climate Control Scheduler, Remote Charge, Maximum Charge Setting, and Charge Scheduler.

30.3.2 Using the Remote Functions in your App may result in settings changing in the Vehicle and vice versa. It is your responsibility to ensure that you use remote functions safely and do not harm anybody who may be inside or outside the Vehicle at the time.  In order to promote safety the Remote Functions may automatically switch off after a set time period.

30.3.3 While Honda aims to provide a reliable connected service, the Remote Functions may be subject to Events Outside Our Control which may lead to inconsistent response times or inaccurate data.

30.3.4 You may suspend the transmission of data at any time by following the instructions in the Vehicle or in the App.  Suspension of data transmission may affect the functionality of certain features within the App and prevent the full and proper use of the Remote Functions.

30.3.5 The Remote Functions may use geo fencing technology. Geo fencing will result in the tracking of the location of the Vehicle and any of its occupants. Please see our Privacy Notice for further details.

30.3.6 Geo fencing may only be used by the Primary User of the Vehicle. Geo fencing is not available to Invited Users.

30.3.7 The distances and areas prescribed when setting a geo fence are approximate only and therefore a notification may not be sent to you exactly when the Vehicle leaves the geo fenced area.  In addition, there may be a time delay between Honda being notified that the Vehicle has left the geo fence area and you receiving a notification from Honda in relation to the same.

30.4 Digital Road Side Assistance 

30.4.1 Digital Road Side Assistance is a communications tool only and it does not entitle you to roadside recovery services of itself.  Instead, Digital Road Side Assistance merely provides 16 an additional method for you to request roadside recovery services from our affiliated provider(s), if and to the extent that you are entitled to request such services.  Please note the provision of roadside assistance is at Honda’s absolute discretion.

30.4.2 Where Digital Road Side Assistance is included within your Service Package, it shall be made available by Honda for a limited period of time which may be connected with the applicable warranty for the Vehicle.  Please see the FAQ Pages for further details.

30.4.3 You shall: (a) inform Honda as soon as reasonably practicable if significant changes to the ownership of the Vehicle occur (including but not limited to cancellation of your subscription, change to the address under which your subscription is registered, the sale, theft or loss of the Vehicle, or unauthorised use of the Vehicle); and (b) comply with all applicable road traffic legislation including but not limited to the use of handheld devices while driving and road recovery laws.

30.4.4 Honda may suspend or withdraw your entitlement to Digital Road Side Assistance if you fail to comply with the requirements of clause30.4.3 above.

30.4.5 Honda does not warrant the accuracy of the data that is collected by the App and shall not be liable for any reliance you place on such data.

30.4.6 Digital Road Side Assistance will not interact with third party service providers (such as recovery agents) which you may be a member of but who Honda are not affiliated with. 

30.4.7 The provision of roadside recovery services is subject to further terms and conditions which you should read.  These include the terms of service of Honda (available at: http://www.jareddanielsband.com/cars/owners/breakdown-assistance.html) and/or the terms and conditions of service of our third party service providers. 

30.4 Digital Road Side Assistance 

30.4.1 Digital Road Side Assistance is a communications tool only and it does not entitle you to roadside recovery services of itself.  Instead, Digital Road Side Assistance merely provides 16 an additional method for you to request roadside recovery services from our affiliated provider(s), if and to the extent that you are entitled to request such services.  Please note the provision of roadside assistance is at Honda’s absolute discretion.

30.4.2 Where Digital Road Side Assistance is included within your Service Package, it shall be made available by Honda for a limited period of time which may be connected with the applicable warranty for the Vehicle.  Please see the FAQ Pages for further details.

30.4.3 You shall: (a) inform Honda as soon as reasonably practicable if significant changes to the ownership of the Vehicle occur (including but not limited to cancellation of your subscription, change to the address under which your subscription is registered, the sale, theft or loss of the Vehicle, or unauthorised use of the Vehicle); and (b) comply with all applicable road traffic legislation including but not limited to the use of handheld devices while driving and road recovery laws.

30.4.4 Honda may suspend or withdraw your entitlement to Digital Road Side Assistance if you fail to comply with the requirements of clause30.4.3 above.

30.4.5 Honda does not warrant the accuracy of the data that is collected by the App and shall not be liable for any reliance you place on such data.

30.4.6 Digital Road Side Assistance will not interact with third party service providers (such as recovery agents) which you may be a member of but who Honda are not affiliated with. 

30.4.7 The provision of roadside recovery services is subject to further terms and conditions which you should read.  These include the terms of service of Honda (available at: http://www.jareddanielsband.com/cars/owners/breakdown-assistance.html) and/or the terms and conditions of service of our third party service providers. 

30.5 Honda Digital Key (HDK) 

30.5.1 The Honda Digital Key is not a replacement for the actual key (fob) for the Vehicle and may have different functions. The Honda Digital Key's capability may be dependent on the type of mobile device or operating system with which the App and the Honda Digital Key is used.

30.5.2 Honda will not be responsible for any unauthorised access or theft resulting from misuse of the Honda Digital Key or your failure to maintain secure access to the Honda Digital Key.

30.5.3 The Primary User's access to the Honda Digital Key will be suspended if the Primary User does not complete the Confirmation of Ownership or Periodic Confirmation of Ownership (as described in clauses 6 and 7 above) before the applicable period for doing so expires.

30.5.4 There may be limits on the permitted number of users that the Honda Digital Key can be shared with and further details of such limits are on the FAQ Pages. If the Primary User's access to the Honda Digital Key is suspended at any time for any reason, then all users' access to the Honda Digital Key will also be suspended.

30.6 Honda Personal Assistant 

30.6.1 The Honda Personal Assistant is provided by a third party service provider of Honda.  By using the Honda Personal Assistant you agree to the terms of use of that third party service provider which are available here: https://www.soundhound.com/end-user-agreement.

30.6.2 The Honda Personal Assistant is only available in certain languages which are listed on the FAQ Pages from time to time. The search functionality of Honda Personal Assistant may vary depending on the country you are in and the Vehicle that you own.

30.6.3 There may be a delay in the availability of using the Honda Personal Assistant from when the Vehicle is switched on. The Honda Personal Assistant detection of voice instructions may be impaired by background noise.

30.6.4 The Honda Personal Assistant should not be used by persons under the age of 13 and you shall not make the Honda Personal Assistant available for use by persons under the age of

30.6.5 Honda or its third party service provider may suspend access to the Honda Personal Assistant if it detects misuse, widespread degradation or harm to the Honda Personal Assistant until investigations are concluded and rectification measures taken.

30.7 In-Car Wi-Fi Hotspot

30.7.1 The In-Car Wi-Fi Hotspot is provided by a Third Party Provider and is therefore subject to Third Party Terms. Honda shall not be responsible for any loss of use or unavailability of the In-Car Wi-Fi Hotspot.

30.7.2 In order to receive the In-Car Wi-Fi Hotspot you must: 

(a) download and install the App on your smart phone (see the App Terms) and create a Honda Account and a Connected Profile (see clause 4 above);

(b) have an eSIM in the Vehicle which is switched into Connected Mode (see clause 5 above) and be subscribed to the In-Car Wi-Fi Hotspot service; and

(c) follow any instructions provided by Honda or its Third Party Provider from time to time.

30.7.3 The In-Car Wi-Fi Hotspot is provided using the Vehicle's eSIM. The In-Car Wi-Fi Hotspot is only available if the eSIM is in Connected Mode and will not be available if the eSIM is put into eCall Mode. Please note that the following circumstances may result in your eSIM being switched into eCall Mode meaning that you cannot use the In-Car Wi-Fi Hotspot:

(a) removing the Vehicle from your Garage or deleting your Honda Account or Connected Profile;

(b) failing to complete the Confirmation of Ownership or Periodic Confirmation of Ownership (as described in clauses 6 and 7);

(c) where the Services are terminated by you or Honda (such as under clauses 20 or 21) or an Event Outside Our Control occurs.

30.7.4 Honda shall not be responsible or liable to you for any loss of use or unavailability of the In-Car Wi-Fi Hotspot (including where any of the circumstances in 30.7.3 apply).  Please discuss this further with the relevant Third Party Provider.

30.7.5 The In-Car Wi-Fi Hotspot is operated using the In-Car Wi-Fi Hotspot app. Please follow the instructions on the Vehicle Display Unit and see the FAQ Pages for further details.

30.7.6 If you no longer wish to receive the In-Car Wi-Fi Hotspot you are responsible for cancelling your subscription.  Please note that your rights to cancellation and rights to a refund should be discussed with the relevant Third Party Provider and not Honda. Honda shall not be responsible for any amounts you are required to pay to a Third Party Provider despite you no longer using the In-Car Wi-Fi Hotspot.

My Honda+

Mobile App Terms and Conditions ("Terms")

Contents

1. Information about these Terms

2. Contacting us

3. Use of the App

4. Creating a Honda Account

5. Accuracy of information and third parties

6. Acceptable Use of the App

7. Warranty

8. Liability

9. Changes to these Terms and/or the App

10. Privacy

11. Intellectual property rights

12. Ending your use of the App

13. Events Outside Our Control

14. Other terms

15. Applicable laws

16. Service Package Terms 

1. Information about these Terms

1.1 We are Honda Motor Europe Limited (“Honda”, "we", "us" or "our”) a limited company registered in England and Wales and our registered address is Cain Road, Bracknell, Berkshire, England RG12 1HL.  Our company number is 00857969 and our VAT number is GB 711019584.

1.2 You should read these Terms carefully before you use the My Honda+ mobile phone application ("App").  These Terms represent a legally binding agreement between you and Honda in relation to your use of the App.

1.3 You will be asked to accept these Terms when using the App which may require you to tick digital acceptance boxes within the App.  You understand that by accepting these Terms you will be legally bound by them and at the point of acceptance a legally binding agreement between you and Honda shall be formed. If you do not agree to these Terms you will not be able to use the App. 

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

1.5 These Terms include important information regarding your legal rights, obligations and remedies.  Your attention is particularly drawn to the following clauses of these Terms: clause 7 (Warranty) and clause 8 (Liability).

1.6 These Terms were last updated on: 9 March 2020. 

2. Contacting us

2.1 If you have any questions about these Terms or the App you can:

2.1.1 view the frequently asked questions and answers section of the Honda website ("FAQ Pages") at www.jareddanielsband.com/cars/owners/my-honda-plus/frequently-askedquestions.html; and 2.1.2 contact us using the contact methods and contact details which are available on the FAQ Pages or otherwise notified to you by Honda.

2.2 Nothing in these Terms affects any legal rights you may have in law, such as under the Consumer Rights Act 2015, also known as "statutory rights".  For more detailed information on your rights visit the Citizens Advice website www.citizensadvice.org.uk or call 03454 04 05 06.  

3. Use of the App

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

3.2 We license use of the App to you conditional upon you complying with these Terms and any rules or policies applied by the Appstore where you downloaded the App from.  This license expires when these Terms are terminated by you or us in accordance with clause 12.

3.3 In order to download and use the full functionality of the App you will require access to a mobile network and/or an internet connection. You may incur data fees and charges from third parties (such as a mobile network or internet provider) in connection with your use of the App. You are solely responsible for all such fees and charges. If you do not wish to incur such fees and charges then you should not use that smart phone to access the App.

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

3.5 From time to time, updates to the App may be issued through the relevant Appstore. Please note that the App and any associated Services may have limited functionality where you do not have the most recent version of the App or operating system on your smart phone downloaded.  Please see clause 9 below for further information.

3.6 In order to use the App you must be at least 16 years old or such other age as may be: (i) specified in these Terms or the Service Package Terms, or (ii) required in your country in order to use the App and/or the Services.

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

4. Creating a Honda Account

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

4.2 You must provide us with true, accurate and complete information when creating a Honda Account and must maintain and promptly update or change that information from time to time as required.

4.3 If you provide untrue, inaccurate or incomplete information when creating a Honda Account or do not promptly change or update your information from time to time as required, we reserve the right to terminate your Honda Account with immediate effect and you may no longer be able to use the App.  Please see clause 12 below for further information about our rights to terminate.

4.4 You agree that you shall, and shall be solely responsible for, keeping your password and any other details relating to your Honda Account safe and confidential.  If you believe that anybody has gained unauthorised access to your Honda Account you should change your password immediately.

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

4.6 In order to delete your Honda Account, please contact Honda as detailed in clause 2.1.2.  Please note that if you delete your Honda Account you will not be able to use the App or the Services.

5. Accuracy of information and third parties

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

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

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

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

5.5 The App can be used on its own but the full features as described on the Appstore can only be utilised by you linking the App with the Vehicle and purchasing certain service packages from Honda as further described in the terms and conditions applicable to the Services referred to in clause 1.4.

6. Acceptable Use of the App

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

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

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

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

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

6.2 You must:

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

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

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

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

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

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

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

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

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

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

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

7. Warranty

7.1 We agree to provide the App to you with reasonable skill and care and will use our reasonable efforts to make the App available to you at all times.

7.2 However, you acknowledge and agree that: 

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

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

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

8. Liability

8.1 If we fail to comply with the Terms, we may be responsible for loss or damage you suffer that is a foreseeable result of our breach of the Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time you agreed to the Terms.

8.2 We only supply the App (and any messages, data, information, content, or other material provided in conjunction with the App) for domestic and private use.  You agree not to use the App for any commercial, business or re-sale purposes, and we shall at all times have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

8.3 We do not in any way exclude or limit our liability for:

8.3.1 death or personal injury caused by our negligence;

8.3.2 fraud or fraudulent misrepresentation; or

8.3.3 any matter which it is not permitted by law to limit or exclude, or attempt to limit or exclude, our liability.

9. Changes to these Terms and/or the App

9.1 We may update these Terms and/or the App from time to time, for example, to comply with changes in the law, to take account of new products, services or apps we may offer, or for other reasons.

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

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

10. Privacy

Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our Privacy Notice, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities if you have a query or complaint about the use of your personal information.

11. Intellectual property rights

11.1 The App and all intellectual property rights in the App are owned by us, our affiliates, or our licensors (as applicable). Intellectual property rights means rights such as: copyright, trade marks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind whether or not they are registered or unregistered (anywhere in the world). We, our affiliates, and our licensors reserve all of our and their rights in any intellectual property in connection with the App. This means, for example, that we and they remain owners of such intellectual property rights and are free to use them as we and they see fit.

11.2 Subject to these Terms and your payment of any applicable fees to us, we shall provide you with a licence to use the App.  This licence, which may include certain intellectual property rights of Honda, our affiliates, or our licensors, is non-exclusive and non-transferable.  This licence may only be used for the purposes of, and in accordance with, these Terms.

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

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

12. Ending your use of the App

12.1 You are entitled to stop using the App at any time.  In order to delete your Honda Account, please contact Honda (see clause 2.1.2).

12.2 In the event that you breach these Terms we shall be entitled to immediately terminate or suspend your use of the App by providing you with notice.  You will be liable to pay us any reasonable costs, losses or other liabilities which we incur or suffer as a result of such breach.

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

13. Events Outside Our Control

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

13.1.1 failure of public or private telecommunications networks;

13.1.2 failure of the App or any Services due to lack of GPS signal, lack of internet connection, adverse weather conditions, natural disasters, or change of law or any governmental directions or orders,  each an “Event Outside Our Control”.

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

13.2.1 our obligations under these Terms will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control; and

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

14. Other terms

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

14.2 We may transfer our rights and obligations under these Terms to another organisation, but this will not affect your rights or our obligations under these Terms.

14.3 You may only transfer your rights or your obligations under these Terms to another person if we agree this with you in writing. 

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

14.5 Each clause and paragraph of these Terms operates separately.  If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining clauses and paragraphs of these Terms will remain in full force and effect.

14.6 If we fail to insist that you perform any of your obligations under these Terms or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations.  If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

15. Applicable laws

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

15.2 You can bring legal proceedings in respect of these Terms in the English courts. If you live in Scotland you can bring legal proceedings in respect of these Terms in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of these Terms in either the Northern Irish or the English courts.

16. Service Package Terms

16.1 In addition to the terms and conditions set out in clause 1 to clause 15 of these Terms, there are certain terms and conditions which apply specifically to certain services, functionalities and features which you may use through the App or a Vehicle ("Service Package Terms").

16.2 The Service Package Terms are set out below and, for the avoidance of doubt, also form a part of your legally binding agreement with Honda (as described in clause 1.2).  The Service Package Terms shall apply if and when you use any of the corresponding services, functionalities and features in respect of which the Service Package Terms are intended to apply.

16.3 If there is any conflict or inconsistency between clause 1 to clause 15 of these Terms and the Service Package Terms, the Service Package Terms shall prevail (to the extent of such conflict or inconsistency only).  

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