TERMS AND CONDITIONS
Connected Vehicle Services
Terms and Conditions
Effective Date: December 07, 2020
Mitsubishi Motor Sales of Canada, Inc. (“MMSCAN” or “we”) offers those who purchase or lease certain models of Mitsubishi vehicles the ability to receive Connected Vehicle Services (“Services”) as described in these Terms and Conditions (“Terms”). Please read these Terms carefully to understand the terms and conditions that govern your access to and use of the Services, including all related mobile applications. These Terms form a binding agreement between you and MMSCAN. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACTIVATE THE SERVICES, OR IF YOU HAVE ACTIVATED THE SERVICES, CONTACT CUSTOMER CARE TO TURN THEM OFF.
YOU MUST BE AWARE THAT THE DEFAULT VEHICLE DATA (AS DEFINED BELOW, WHICH INCLUDES YOUR GEOLOCATION INFORMATION, ODOMETER VALUE, VEHICLE ERRORS AND OTHER VEHICLE-RELATED DATA) WILL BE COLLECTED, USED, DISCLOSED AND SHARED BY MMSCAN IN ACCORDANCE WITH THESE TERMS, THE CONNECTED VEHICLE SERVICES PRIVACY STATEMENT, AND CANADIAN LAWS, RULES AND REGULATIONS, INCLUDING FOR MARKETING PURPOSES TO OFFER PRODUCTS AND OTHER SERVICES TO YOU (SUCH DATA COLLECTION, THE “VEHICLE DATA COLLECTION”). THIS DATA MAY START BEING COLLECTED IMMEDIATELY UPON YOUR PURCHASE OR LEASE OF YOUR VEHICLE FROM THE DEALER. YOU WERE NOTIFIED OF AND CONSENTED TO THIS COLLECTION, USE, DISCLOSURE AND SHARING AT THE TIME OF YOUR VEHICLE PURCHASE OR LEASE. THIS DATA MAY BE COLLECTED FROM YOUR VEHICLE, EVEN IF YOU DO NOT ACTIVATE THE CONNECTED VEHICLE SERVICES OR PURCHASE A SUBSCRIPTION SERVICES PACKAGE OR IF YOUR SUBSCRIPTION, TRIAL OR RENEWAL PERIOD HAS EXPIRED. IF YOU DO NOT WANT THIS DATA TO BE COLLECTED, CONTACT CUSTOMER CARE (1-888-576-4878) TO DEACTIVATE YOUR VEHICLE’S TELEMATICS-ENABLING DEVICE (AS DEFINED BELOW) AND REQUEST THAT THIS VEHICLE DATA COLLECTION BE STOPPED. UPON DEACTIVATION OF THE DEVICE, YOU WILL NO LONGER BE ABLE TO RECEIVE ANY CONNECTED VEHICLE SERVICES, AND ANY APPLICABLE CONNECTED VEHICLE SERVICES SUBSCRIPTION SERVICE PACKAGE, INCLUDING ANY “TRIAL” SUBSCRIPTION, PURSUANT TO WHICH YOU WERE RECEIVING THE CONNECTED VEHICLE SERVICES WILL IMMEDIATELY TERMINATE
In order to receive the Services, the purchaser or lessor (referred to as “you” or the “Primary Subscriber”) of the eligible Mitsubishi vehicle (“vehicle”) must agree to these Terms without modification. In addition, in order to receive the Subscription Services (as defined below), which includes access to the Automatic Collision Notification (ACN) and SOS Emergency Assistance features, you must first agree to activate them on a trial basis as described below and/or purchase an applicable Subscription Services Package. You may agree to these Terms through the My MITSUBISHI CONNECT mobile application (“Mobile App”) on your smartphone. If you need assistance with the Mobile App registration process, please contact our customer care agent, who is available toll-free at 1-888-576-4878 (“Customer Care”) and who will walk you through the Mobile App registration process. Agreement to these Terms is referred to as “agree”, “agreeing” or “agreement”.
As part of the process of agreeing to receive the Services, or later when you manage your Connected Vehicle Services account with us (“Account”), you will have the opportunity to designate additional persons who are authorized to use the Services (“Authorized Users”) and to make changes to your Account. Please read these Terms to understand how you, your Authorized Users, the occupants of your vehicle, and any other persons who may use your vehicle (collectively, “Vehicle Users”) may use the Services.
Electronic Signature and Disclosure Consent Notice. You agree to the use of electronic documents and records in connection with these Terms and all future documents and records in connection with the Services and that this use satisfies any requirement that MMSCAN provide you these documents and their content in writing. You have the right to receive an electronic copy of these Terms and related documents and records in connection with the Services. To receive or access electronic documents and records, you must have an Android or Apple iOS mobile device capable of running the Mobile App with a working internet connection. To retain documents and records, your device must have the ability to download and store PDF files. Your access to this page verifies that your mobile device meets the above receipt, access, and retention requirements. Your clicking on the “AGREE” button BELOW indicates your signature and your acceptance of this ELECTRONIC SIGNATURE AND DISCLOSURE CONSENT notice. An electronic copy of the terms and related documents will be sent to your registered email address.
IF YOU ARE A CONSUMER SUBJECT TO THE QUEBEC CONSUMER PROTECTION ACT, THE IMMEDIATELY FOLLOWING ARBITRATION PROVISION DOES NOT APPLY.
Notice of Arbitration Provision. AS SET FORTH FULLY IN SECTION 13 (DISPUTE RESOLUTION) BELOW, YOU AND MMSCAN AGREE TO AN ARBITRATION PROVISION THAT PROVIDES THAT (EXCEPT FOR MATTERS PROPERLY BROUGHT TO SMALL CLAIMS COURT) ANY CLAIM, CONTROVERSY, OR DISPUTE RELATED TO OR CONCERNING THE SERVICES THAT CANNOT BE RESOLVED INFORMALLY MUST BE RESOLVED BY AN ARBITRATION PROCEEDING THAT IS FINAL AND BINDING ON YOU AS AN INDIVIDUAL AND NOT ON A CLASS-WIDE, REPRESENTATIVE, OR CONSOLIDATED BASIS. WITH RESPECT TO SUCH CLAIMS, YOU AND MMSCAN WAIVE THE RIGHT TO A TRIAL BY JURY AND THE ABILITY TO BRING OR PARTICIPATE IN CLASS OR REPRESENTATIVE ACTIONS, WHETHER IN COURT OR BY ARBITRATION. FOR PURPOSES OF CLARITY, THIS ARBITRATION PROVISION ONLY RELATES TO THE SERVICES AND DOES NOT APPLY TO ANY CLAIM, CONTROVERSY, OR DISPUTE ARISING OUT OF THE VEHICLE THAT IS UNRELATED TO THE SERVICES.
Vehicle and Service Requirements. IN ORDER FOR THE SERVICES TO OPERATE, YOU UNDERSTAND THAT YOUR VEHICLE MUST HAVE A WORKING ELECTRICAL SYSTEM (INCLUDING ADEQUATE BATTERY POWER), THE DEVICE (AS DEFINED BELOW) MUST BE ACTIVATED AND OPERATING NORMALLY (AND NOT BE DAMAGED FROM A COLLISION OR OTHER EVENT), VEHICLE SYSTEMS REQUIRED FOR CALLS (INCLUDING VEHICLE VOICE, SMS AND DATA TRANSMISSION) MUST BE WORKING PROPERLY AND NOT BE DISABLED, AND THE VEHICLE (AND IF APPLICABLE, THE MOBILE APP) MUST HAVE ACCESS TO THE CELLULAR SERVICE USED BY THE SERVICE (INCLUDING BY BEING IN AN AREA WHERE SUCH SERVICE IS AVAILABLE).
1. DESCRIPTION OF SERVICES AVAILABLE
The Services rely on a factory-installed telematics control unit in your vehicle (the “Device”) that can interact with vehicle systems and can send and receive information over mobile cellular networks. In order to provide the Services, MMSCAN collects certain data from you and your Vehicle Users (such as through your interactions with the dealer from which you purchased or leased your vehicle (the “Dealer”), the Mobile App or the Customer Care agent) and from your vehicle using the Device. By agreeing to receive Services, you are consenting on your own behalf and, to the extent possible pursuant to applicable law, on behalf of all Vehicle Users to the operation of the Device and to these Terms, including the collection and use of the data (including the Vehicle Data Collection) as described in these Terms and the MMSCAN Connected Vehicle Services Privacy Statement (the “Privacy Statement”). You further agree that you shall provide all notices to, and obtain all consents from, other Vehicle Users as needed for MMSCAN to provide the Services.
Services are available as “Subscription Services”, which require activation by you, and “Non-Subscription Services”, which are activated by default when you purchase or lease the vehicle, unless you otherwise opt-out. More information about these Services is available in your vehicle’s manual provided to you by MMSCAN (the “Owner’s Manual”) and in the FAQ section of the My Mitsubishi Connect mobile app.
1. a. Non-Subscription Services
MMSCAN may choose to provide certain Non-Subscription Services to you, as described below, upon your purchase or lease of a vehicle. These Non-Subscription Services are provided separately from the Subscription Services, and therefore may be provided to you even if you do not purchase a Subscription Service Package or after the expiration or termination of a Subscription Service. These Non-Subscription Services will be provided free of charge to you and are activated by default. You agree that MMSCAN may provide these Non-Subscription Services and collect all data necessary as described below to provide the Non-Subscription Services. You may turn off the Non-Subscription Services in your vehicle by contacting Customer Care. If you do not purchase a Subscription Service Package or otherwise maintain an active Subscription, MMSCAN may choose to terminate your Non-Subscription Services after the expiration of your applicable Subscription, Trial or Renewal Period.
Non-Subscription Services include:
- Information Assistance
1. b. Subscription Services
Subscription Services are offered on a “Package” basis. The Packages offered consist of Safeguard Services and Remote Services. Your Dealer will let you know which Packages are available for your vehicle. The Subscription Services included in the various Packages are described briefly below. Detailed information about the Packages, the Subscription Services provided in each Package and how each Service operates is included in the Owner’s Manual.
MITSUBISHI CONNECT Safeguard Services include:
- Automatic Collision Notification
- SOS Emergency Assistance
- Alarm Notification
- Roadside Assistance
- Stolen Vehicle Assistance
MITSUBISHI CONNECT Remote Services include:
- Remote door lock/unlock
- Remote horn
- Remote lights
- Smart Remote Start
- Remote engine off
- Remote vehicle settings
- Car Finder
PARENTAL CONTROL SERVICES
- Set geofence alerts
- Set curfew alerts
- Set speed alerts
1. c. Vehicle Data Collection
The following information about your vehicle (the “Default Vehicle Data”) will be collected, used, disclosed and shared by MMSCAN as part of the Vehicle Data Collection:
DEFAULT VEHICLE DATA:
- Mileage Tracker (Odometer value and scale)
- Vehicle Settings
- Device Errors
- Vehicle Geolocation (Latitude, Longitude)
- Vehicle operational data (i.e., signals transmitted to, from and across the various software modules contained in your vehicle)
This Vehicle Data Collection may begin immediately upon your purchase or lease of your vehicle, and may occur even if you do not activate the Services or purchase a Subscription Services Package or if your Subscription, Trial or Renewal Period has expired. MMSCAN may also use the Default Vehicle Data for marketing purposes and other purposes indicated in the Privacy Statement. If you do not want this Default Vehicle Data to be collected, contact Customer Care (1-888-576-4878) to deactivate your vehicle’s Device, which will stop the Vehicle Data Collection. Upon deactivation of the Device, you will no longer be able to receive any Connected Vehicle Services (including Non-Subscription Services), and any applicable Connected Vehicle Services Subscription Service Package, including any Trial Subscriptions, pursuant to which you were receiving Services will immediately terminate.
2. SUBSCRIPTION SERVICES
2. a. Purchase of Subscriptions; Trial Subscriptions
Packages are made available as “Subscriptions” for a specific length of time (the “Subscription Period”). Subscriptions for certain Packages may be offered by MMSCAN or a Dealer to you for some period of time at no additional charge when you purchase or lease a new vehicle. This kind of Subscription is referred to as a “Trial” and the period for which it is provided is referred to as a “Trial Period”. You will need to agree to these Terms to receive Subscription Services as a Trial even if you do not need to pay any fees. Trial Periods begin on the date that you take delivery of the vehicle (even if you activate the Trial after such date) and end after the period of time associated with that Package, as disclosed to you when you purchased or leased your vehicle, has passed. Other Subscription Periods start when you complete the purchase of the Subscription. Subscriptions can be purchased or changed by you and by any Authorized User to whom you have given that authority.
Further information about the Subscription Periods available for each Package as well as any Trial Periods being offered for any Packages is available from your Dealer, through the Mobile App, or from Customer Care.
2. b. Renewal
You can extend the Subscription Period for any Package by purchasing a renewal as described in these Terms (a “Renewal”). MMSCAN or its partners will use reasonable efforts to notify you in writing using your Account information on file at least ninety (90) days before your Subscription expires, whether it was a Trial, a purchased Subscription, or a Renewal. This notice will include information about how to renew a Subscription and the pricing and renewal periods (“Renewal Periods”) that are available.
MMSCAN or its partners may offer you the option to renew a Subscription automatically at the end of its Subscription Period for a specific period of time and a specified price (“Automatic Renewal”). MMSCAN will provide you an email notice at least ninety (90), sixty (60) and thirty (30) days before processing an Automatic Renewal by using your Account information on file. If you select this option and provide a valid credit card, you agree that MMSCAN may extend the Subscription for the selected Package for the agreed period and charge the credit card provided unless you cancel the Subscription and/or the Automatic Renewal at any time prior to the renewal date by contacting Customer Care. You solely will have the obligation to cancel an Automatic Renewal upon the sale, lease, transfer or surrender of your vehicle (including in the event of theft or destruction by accident or other loss) and are liable for any costs incurred on your Account due to your failure to do so.
2. c. Service Period; Deactivation of Device
When you sign up to receive Subscription Services, MMSCAN will provide the Subscription Services included in the Package(s) that you select for the term of the applicable Subscription, Trial or Renewal Period. If you do not Renew (or successfully complete a Renewal of) a Package, are not enrolled in Automatic Renewal, and the Subscription Services are not otherwise terminated or canceled in accordance with Section 3 (Cancellation and Termination), then MMSCAN will stop providing the Subscription Services for that Package at the end of the relevant Subscription, Trial or Renewal Period. In addition, if you do not purchase a Subscription Service Package or otherwise maintain an active Subscription, MMSCAN may choose to terminate your Non-Subscription Services after the expiration of your applicable Subscription, Trial or Renewal Period and, after notice to you, may also deactivate your Device. To reactivate your Device, you will need to call Customer Care and purchase a Subscription Service.
2. d. Prices
The price for any Subscription Package, including Renewals (the “Subscription Fees”), will be disclosed to you before you finalize any Subscription or Renewal. Unless MMSCAN has agreed to a price with you in advance for Automatic Renewals, it may change the Subscription Fees for any of the Subscription Services and Packages from time to time upon renewal. Prices do not include applicable taxes or any governmental fees or charges, which will be calculated at the time of purchase and disclosed to you before a purchase is finalized.
2. e. Payment
Purchases of Subscriptions and Renewals can be completed via the Mobile App or by contacting Customer Care. Forms of payment accepted include most credit and debit cards. If any billing statement relating to any fees or charges for Subscription Services billed by or through MMSCAN appears incorrect, you or an Authorized User must call Customer Care or contact MMSCAN in writing at the address shown in Section 14(a) within thirty (30) days of the date of the billing notice and provide information to identify your Account and to explain why you believe the billing statement is not correct. If no objection is received within that time period, then, unless prohibited by law and subject to the terms of your payment card issuer agreement, you will be considered to have waived the dispute.
3. CANCELLATION AND TERMINATION
3. a. Cancellation; Refund
You may cancel any Subscription at any time by contacting Customer Care. We will attempt to contact you using your Account information on file to confirm that the request was authorized. If you do not confirm the request or cannot be reached after reasonable effort, MMSCAN will cancel the Subscription according to the original request. MMSCAN will refund to you a pro-rata amount of any pre-paid Subscription Fee following the cancellation request. If MMSCAN discontinues providing any Subscription Services as described in Section 3(c), it may refund you a pro-rata amount equal to the value of the specific Subscription Services that are being discontinued. Refunds are made to the credit card originally used to pay the Subscription Fee. No refunds are available for Subscription Services provided as a Trial or without separate itemized charge. In the event of a cancellation, MMSCAN may continue to provide Non-Subscription Services as described in Section 1(a) above, and the Vehicle Data Collection may also continue.
3. b. Termination
In the event that you or any Vehicle User violates these Terms, to the extent permitted by applicable law and unless prohibited by applicable law, MMSCAN may terminate any Subscription prior to the end of the relevant Subscription Period by giving notice to you. MMSCAN will use reasonable efforts to notify you in writing using your Account information on file at least thirty (30) days before the termination is effective; provided, however, if your or your Vehicle User’s violation of these Terms has or may have a material impact on MMSCAN (including its other customers or service providers), then MMSCAN may terminate any or all of your Services immediately and may also deactivate your Device. Grounds for termination may include failure to pay amounts due, abuse of the Services, use of Services for illegal or immoral purposes or to harass or interfere with lawful actions of other drivers, or interference with the business of MMSCAN or its service providers. Please see Section 9 for more information about your obligations with respect to the Services. If you dispute whether the violation took place, you may contact Customer Care to discuss the issue. (IF YOU ARE A CONSUMER SUBJECT TO THE QUEBEC CONSUMER PROTECTION ACT, THE IMMEDIATELY FOLLOWING SENTENCE DOES NOT APPLY). The decision of the Customer Care representative will be binding on you and MMSCAN.
3. c. Discontinuation of Connected Services Program or Certain Services by MMSCAN
MMSCAN reserves the right to stop providing any or all Services at any time if continuing to do so would no longer be commercially feasible, if access to services necessary to provide the Services, including telecommunications services, is no longer available, if the provision of Services would be in violation of any applicable law, or for any other reason in MMSCAN’s sole discretion. MMSCAN may also deactivate your Device in connection with the discontinuation of the Services. MMSCAN will provide thirty (30) days prior written notice to you using your Account information on file of any such action, including a description of which Services it will stop providing and any that it will continue to provide, and the date on which it expects the discontinued Services will stop. If MMSCAN discontinues any Subscription Services for which you have pre-paid a Subscription Fee, MMSCAN will offer pro-rata refunds as provided in Section 3(a) above. MMSCAN, including its affiliates and business partners, will have no liability to you or any Authorized Users for exercising its rights under this Section 3(c) beyond payment of refunds.
3. d. Changes in Services
We reserve the right to add, modify or delete Services, to change the configuration of Packages, and to modify the terms on which MMSCAN sells Subscriptions, including Subscription Fees and the Subscription Periods available for any paid Subscriptions, including Renewals. Changes to subscription, if any, will take effect upon renewal.
MMSCAN will provide thirty (30) days prior written notice to you of the addition, modification or discontinuation of any Services included in any current Subscription using your Account information on file; the notice will describe the nature of the Service added or the modification of the existing Service (or identify the Service being discontinued), the manner in which the addition or modification will be effected (such as by a command sent by MMSCAN through the computer and data processing and storage systems used to provide Services, called the “Services Platform”, to the Device), and whether you need to take any action in order to finalize the modification, such as by powering the vehicle on and off or, in extreme circumstances, taking the vehicle to an authorized Dealer. MMSCAN will not charge you for any changes to Services made by it under this Section 3(d), but reserves the right to change prices for Renewals of Services as provided in these Terms. If you believe that the change to Services made by MMSCAN reduces the value of the Services (or of your vehicle), you agree that your sole remedy will be to cancel any Subscriptions as provided in Section 3(a).
3. e. Continuing Vehicle Data Collection; Continuance of Certain Services
Cancellation, expiration, termination or discontinuation of Subscription Services may not result in deactivation of the Device nor the discontinuation of the Vehicle Data Collection. You understand and agree that we and our service providers may continue to collect data from you and from the Device and the vehicle as described in these Terms and the Privacy Statement as necessary for our internal use and to continue to provide any Non-Subscription Services as we may choose to continue to provide. If you do not want this data to be collected, contact customer care (1-888-576-4878) to deactivate your vehicle’s telematics-enabling device and request that this vehicle data collection be stopped. Upon deactivation of the device, you will no longer be able to receive any connected vehicle services, and any applicable connected vehicle services subscription service package, including any “TRIAL” subscription, pursuant to which you were receiving the connected vehicle services will immediately terminate.
4. SALE OR TRANSFER OF VEHICLE
Services are provided to you and your designated Authorized Users only. If you sell, lease, transfer or surrender your vehicle (including a surrender due to theft or destruction due to accident or other casualty) before the end of any applicable Subscription Period, MMSCAN will stop providing the Services when notified of the sale, lease, transfer or surrender. A “Subsequent Owner” (including any lessor or other transferee) of the vehicle may purchase Services through the Mobile App or from Customer Care. Any Subscription to a Package purchased by a Subsequent Owner will be subject to the then-current version of these Terms. It is your responsibility to promptly notify MMSCAN of any sale, lease, transfer or surrender and, if applicable, to cancel any Automatic Renewal of a Subscription. In addition, if you sell, lease or otherwise transfer your vehicle directly to a Subsequent Owner, it is your responsibility to notify such Subsequent Owner of the Services (including the Non-Subscription Services, the Vehicle Data Collection, and any other collection of data) and these Terms. You are solely responsible and liable for any use of the Services for your vehicle under your Account by the Subsequent Owner or any other user, and for any Automatic Renewal, until you notify MMSCAN of the sale, lease, transfer or surrender. You may cancel any Subscription as provided in Section 3(a).
5. EMERGENCY AND SECURITY SERVICES; REMOTE SERVICES; PRIVACY MODE
IN ORDER FOR THE EMERGENCY AND SECURITY SERVICES DESCRIBED IN THIS SECTION TO OPERATE, THE VEHICLE MUST HAVE A WORKING ELECTRICAL SYSTEM (INCLUDING ADEQUATE BATTERY POWER), THE DEVICE MUST BE ACTIVATED AND OPERATING NORMALLY (AND NOT BE DAMAGED FROM A COLLISION OR OTHER EVENT), VEHICLE SYSTEMS REQUIRED FOR CALLS (INCLUDING VEHICLE VOICE, SMS AND DATA TRANSMISSION) MUST BE WORKING PROPERLY AND NOT BE DISABLED, AND THE VEHICLE (AND IF APPLICABLE, THE MOBILE APP) MUST HAVE ACCESS TO THE CELLULAR SERVICE USED BY THE SERVICE (INCLUDING BY BEING IN AN AREA WHERE SUCH SERVICE IS AVAILABLE).
5. a. Automatic Collision Notification and SOS Emergency Assistance
If you subscribe to Automatic Collision Notification or SOS Emergency Assistance Service in the Safeguard Services Package, you have the ability to contact Customer Care and request emergency assistance by pressing the marked button inside the vehicle (consult a Dealer, Customer Car or the Owner’s Manual for information about the location of the SOS button). In addition, your Device will automatically notify the Customer Care center upon the occurrence of certain events. These events include deployment of an airbag (or activation of an airbag deployment sensor) in your vehicle. Please note that Customer Care will be contacted even if the SOS button is activated unintentionally, such as by bumping or by underage persons or persons not able to understand the function. In any of those events, the Device will send the following information to the Customer Care center: (1) information to identify the vehicle and the Primary Subscriber and (2) data about the event (e.g., speed, whether airbags deployed, and location of the vehicle using the latest geolocation data available from the Device). Upon receipt of this data, the Customer Care team will initiate a voice call into the vehicle and will send event data to the local emergency services provider, such as a 911 dispatch center (“PSAP” or “Public Safety Answering Point”). If the Customer Care team determines that an emergency is likely to be present (including if you or other vehicle occupants are not responsive to the voice call), the Customer Care personnel will so notify the PSAP, which will be responsible for dispatching emergency service resources, such as police, medical, fire services, to the last known location of your vehicle.
5. b. Information Assistance from Vehicle or Mobile App – Roadside Assistance
If you subscribe to Roadside Assistance in the Safeguard Services Package, you have the ability to contact Customer Care and request roadside assistance by pressing the marked button inside the vehicle (consult a Dealer, Customer Care or the Owner’s Manual for information about the location of the button) or by using the Mobile App. Pressing the button in the vehicle to request assistance notifies Customer Care of the nature of your contact and sends certain data to Customer Care, including information to identify your vehicle and the Primary Subscriber and information about the location of your vehicle. Upon receipt of the signal from the vehicle, the Customer Care team will attempt to initiate a voice call into the vehicle. Customer Care will attempt to assess if summoning roadside assistance is required and, where appropriate, contact roadside assistance services and request dispatch to the last known location of your vehicle.
5. c. Information Assistance from Vehicle or Mobile App – Information Services
If your Non-Subscription Services are active, you have the ability to contact Customer Care by using the information assistance button within the vehicle or in the Mobile App (if cellular service is available). Consult a Dealer, Customer Care or the Owner’s Manual for information about how to invoke this feature. Invoking this feature through the vehicle notifies Customer Care and sends certain data, including information to identify your vehicle and the Primary Subscriber and information about the location from which the request for information assistance is being made. Upon receipt of that signal from the vehicle, the Customer Care team will connect a voice call to the vehicle, and upon receipt of that signal from the Mobile App, the Customer Care team will connect a voice call to your mobile phone number associated with the Mobile App. Customer Care will facilitate the available Account management related functions as requested and as eligible based on Subscription status or Customer Care capability.
5. d. Use of Services not a Substitute for Directly Contacting 911
Various factors can cause an emergency call through the Automatic Collision Notification and SOS Emergency Assistance feature to be connected to PSAP personnel more slowly than a direct call (or even to fail to connect). If you believe a life-threatening emergency exists, you should always attempt where possible to summon emergency help yourself, whether through dialing 911 on a mobile phone or landline or asking passers-by for assistance.
5. e. Consent for Sharing Data with Emergency Personnel
You agree on behalf of yourself and, to the extent possible pursuant to applicable law, your Vehicle Users, to the collection of the data necessary to provide these Services, including geolocation information, and to the sharing of data with Customer Care and any emergency personnel, as further described in these Terms and the Privacy Statement and the Owner’s Manual. You agree to inform your Vehicle Users regarding this collection and sharing of data and obtain any consents required for MMSCAN to provide these Services.
5. f. No Responsibility for Emergency Response or Roadside Assistance Providers
MMSCAN does not have any control over emergency service providers or roadside assistance providers. MMSCAN cannot assure you, or make any guarantees or warranties, about the manner or timeliness of response of these providers, or whether these providers will be able to reach you or your vehicle and provide meaningful assistance, or whether they will in fact respond at all or in a timely manner. MMSCAN and its partners in providing the Services do not control the emergency service providers or the roadside assistance service providers and will not have liability for their actions.
5. g. Responsibility for Charges for Emergency Response or Roadside Assistance Providers
When the assistance of emergency service providers or roadside assistance providers is invoked as described above, emergency service resources or roadside assistance may be dispatched, either at the request of vehicle occupants or upon the determination of the PSAP personnel. MMSCAN and its partners in providing the Services will have no responsibility for payment of any charges from such third party service providers for any assistance given to you or to the occupants of the vehicle who receive any such third-party services (including medical transport, medical services, roadside assistance or towing), including as a result of contacting Customer Care or as a result of a crash notification, will be solely responsible for payment of any charges from the service providers.
5. h. Alarm Notification
If you subscribe to the Alarm Notification Service in the Safeguard Services Package, you will be notified using all of the notification methods you have selected of any activation of your vehicle’s alarm notification system (e.g., via text, notification through your Mobile App and email). When the alarm notification has been activated (including the audible alarm), you can turn an alert off only by using the “lock doors” button on your key fob; you must be within a few feet of your vehicle for this to work. If the alert is not turned off, all alarm notification features (including audible alarm) will continue to operate, and your vehicle’s battery may be drained. While the audible alarm generally stops after a certain period of time, the alerts will remain visible in the Mobile App. The Alarm Notification Service does not ensure nor guarantee that every vehicle intrusion will trigger a notification, and MMSCAN is not responsible for any failure to trigger a notification or for any false notifications.
5. i. Stolen Vehicle Assistance
If you subscribe to Stolen Vehicle Assistance in the Safeguard Services Package and you believe that your vehicle has been stolen, please promptly notify the local police and file a police report, and then contact Customer Care. Once Customer Care has all the necessary information, including the police report, we will attempt to locate your vehicle using the GPS information from the Device and share that information with local police authorities. We cannot guarantee we will find your vehicle. If you do not provide us with the information we request, we have the right not to locate your vehicle. We are not required to try to locate your vehicle for the purpose of locating someone or something inside of the vehicle. However, upon request with proper information and documents, we may decide to do so. When you use this Service, you agree that we may disclose to law enforcement all information about the vehicle that we can obtain, including without limitation, the latitude and longitude of the vehicle (geolocation), vehicle speed, and direction the vehicle is heading. You understand that even if we have all of the necessary information, we may not be able to locate your vehicle (such as if the device has been tampered with, the vehicle is out of range of cellular service, the vehicle battery has been drained, etc.). The Stolen Vehicle Assistance Service does not ensure nor guarantee that your vehicle will not be stolen or that your stolen vehicle will be located, and MMSCAN is not responsible for any failure to locate your vehicle.
5. j. Remote Services
If you subscribe to the Remote Services Package, you have access to features that allow you to remotely control or receive information from your vehicle using the Mobile App or by calling Customer Care, depending on the feature (“Remote Services”). Please see the Owner’s Manual for a description of these Remote Services and how to use them. The Remote Services may not operate as expected due to system trouble or network conditions. Please see Section 9(a) for information about other factors that can affect your vehicle’s ability to use Remote Services and Section 9(g) for information about your responsibility to comply with any local laws when using Remote Services. For the Remote Door Lock/Unlock feature, you should ensure that your doors have responded appropriately to the remote command. MMSCAN is not responsible for any loss or injury due to the failure of the Remote Door Lock/Unlock feature to function.
6. PRIVACY; COLLECTION AND USE OF DATA
6. a. Privacy Statement
To enable operation of the Services (including any Non-Subscription Services), we and our service provider partners (including Customer Care, the operator of the Services Platform, and the wireless carriers providing any cellular or WiFi services) will collect various types of data from you and your Vehicle Users and from the vehicle. Data collected includes the following (collectively, “Collected Data”):
- Information about you and your Vehicle Users that you provide to establish your Account and manage your Subscriptions, including your name, address, email address, telephone number, date of birth (age), billing information (e.g., credit card number) and information about the acquisition and financing of your vehicle;
- Information about you and your Vehicle Users that you provide as part of Customer Care calls, including call recordings and other information (as described in Section 5 of these Terms) that is collected in the event that you or a Vehicle User pushes the SOS button or if there is an Automatic Collision Notification;
- Information about your vehicle, including vehicle identification number (“VIN”), mileage (odometer information), diagnostic trouble codes, device errors, oil status, vehicle CAN signals (signals transmitted to, from and across the various software modules contained in your vehicle);
- Information relating to your use of your vehicle (“Vehicle Use Information”), including vehicle geolocation, vehicle speed, vehicle direction, data from your vehicle’s event data recorder (“EDR Data”), air bag deployments, vehicle status information (e.g., status of powered doors), vehicle settings, anti-lock events, and infotainment system usage; and
- Information about your mobile device that you use to access the Mobile App, and information that is automatically collected in connection with your use of the Mobile App, including mobile device geolocation, Internet Protocol (IP) address, MAC address, unique mobile device identifier and mobile phone number, mobile device type, mobile device operating system, type of browser, Internet service provider, screen view time, scrolling, specific actions to activate features and/or otherwise navigate the Mobile App, reactions to alerts, searches, your interactions with in-application marketing offers and other campaign engagements, usage transaction logs, referring/exit pages, and date/time stamps.
We use the Collected Data for the purposes of providing and supporting the Services, monitoring and analyzing vehicle and Service usage, administering your Account, processing payments, for marketing purposes (including to provide information on our products/services and any special offers, and/or offer goods and services to you), facilitating and personalizing your online experience and Service usage, notifying you of the closest MMSCAN dealer, providing customer support, communicating with you (including to solicit feedback, respond to questions and comments, provide product and service notices/alerts, deliver and administer contests and surveys, and inform you about and encourage use of Service features), verifying eligibility for vehicle purchase or incentive programs, complying with legal, regulatory and contractual requirements, monitoring for fraud and protecting against threats, and for internal business purposes such as operating, improving and developing MMSCAN websites, applications, marketing efforts, products and services.
We share the Collected Data with: vendors, contractors, consultants and other service providers; affiliates; third parties in connection with financing your vehicle; emergency service providers (including law enforcement, roadside assistance providers, and ambulance providers); certain third parties to provide select products and services to you; MMSCAN's dealer network, for vehicle servicing and for their own marketing purposes; other third parties with your consent; and as otherwise permitted or required by applicable law. We may also disclose the Collected Data to: conduct screening to ensure you are not on any government list of restricted parties; and protect our rights, security, safety and property and those of our agents, customers and others, including to enforce or investigate a breach of our agreements, policies and Terms and Conditions.
You should be aware that MMSCAN may be compelled pursuant to court order, regulatory demand or other legal obligation to produce or disclose the Collected Data by law enforcement or third parties (including individuals and insurance companies) in some circumstances, including geolocation information, vehicle speed, and other information regarding your operation of your vehicle. MMSCAN may also, in its discretion, disclose any or all Collected Data in cooperation with copyright owners, Internet service providers, wireless service providers, governmental authorities or law enforcement agencies. Such information could be used against you in legal proceedings, including in the event of a collision and/or alleged negligent, improper or unlawful conduct by you.
Your information will be stored in the cloud (location – San Jose, California; Dallas, Texas) and accessible to employees from MMSCAN’s accounting, Marketing, Sales, After sales, Technical, IT, Product Planning departments who have a need-to-know such information. Please note that the Collected Data may be transferred or stored outside Canada by MMSCAN or its service providers, and such information may be accessible to courts, law enforcement and national authorities in other countries.
The Privacy Statement describes in further detail our policies and practices regarding the data we collect from your vehicle and through the various Services, including with respect to the type of data we collect, where the data is stored, and how we use, protect, disclose and share the data. The Privacy Statement is available at https://www.mitsubishi-motors.ca/en/ccslegal/privacy This Privacy Statement may be amended by MMSCAN from time to time, so review it with regularity and care.
You consent to the collection, use, disclosure and sharing of Collected Data (including the Default Vehicle Data) as described in these Terms and in the Privacy Statement, on your own behalf and, to the extent permitted by applicable law, on behalf of your Vehicle Users. Such consent is deemed given as soon as you purchase the vehicle for the Non-Subscription Services and as soon as you activate the Subscription Services for the Subscription Services. You also agree that you will advise all Vehicle Users to review the Privacy Statement, and you understand that you are responsible for ensuring that they consent to collection, use and disclosure of their personal information as described therein.
If you do not want any or all of the Collected Data to be collected, used or shared, you may opt-out as described in the Privacy Statement or cancel the Services as described in Section 3 above. However, in such case, MMSCAN may not be able to continue providing some or all of the Services. You may also send a request at the address below
Attention: Privacy Officer
Mitsubishi Motor Sales Of Canada
P.O. Box 41009
in order to: (i) ask questions or make a complaint about the collection, use or disclosure of your personal information, including questions about the collection, use, disclosure or storage of personal information by MMSCAN’s service providers and affiliates outside Canada; (ii) access or rectify your personal information; or (iii) obtain access to written information about MMSCAN’s policies and practices with respect to service providers and affiliates outside Canada that process personal information on MMSCAN’s behalf.
6. b. Voice Recording
Interactions with Customer Care and emergency personnel over voice channels may be monitored, recorded, retained and shared as deemed necessary for the purposes of quality assurance, training and auditing. By agreeing to receive or by accessing the Services that involve interactions with Customer Care or emergency personnel, you are providing, on your own behalf and, to the extent possible under applicable law, on behalf of your Vehicle Users, consent to these monitoring and recording activities. You agree to inform all Vehicle Users of such monitoring and recording of calls and to obtain their consent, as needed, prior to accessing the Services.
6. c. Ownership of Collected Data
You, as the Primary Subscriber, own all of your personal information, vehicle information, EDR Data and mobile device information. You agree that we and our service providers have a perpetual, irrevocable, worldwide, fully-paid right to use such personal information, vehicle information, EDR Data and mobile device information to provide the Services and to operate and improve the Services. All Vehicle Use Information (excluding EDR Data) and access information (i.e., information that is automatically collected in connection with your use of the Mobile App, such as IP address) belongs to MMSCAN and its service providers. You agree that you and your Authorized Users will only have the right to access or use Vehicle Use Information (excluding EDR Data) and access information to the greatest extent mandated by applicable law.
7. a. Consent to Use of Cellular Communication
The Services are provided using wireless cellular communications services, both in the vehicle and through the Mobile App. By agreeing to receive or by accessing the Services, you are providing, on your own behalf and to the extent possible pursuant to applicable law on behalf of your Vehicle Users, consent to the use of these communications services. You also agree to ensure that all Vehicle Users consent to the use of these communications services, to the extent that you do not have authority to consent on their behalf, prior to allowing them to use such services.
7. b. Consent to Being Contacted
In order to provide the Services, MMSCAN and its service providers may contact you in the vehicle (such as by voice call) or by email, SMS/Text or telephone to your Account information on file. By providing this information to MMSCAN, you consent to being contacted by these means, even if such communications may result in charges to you for use of voice, SMS/Text or data service by your cellular or internet service providers.
8. SYSTEM AND SERVICE LIMITATIONS
8. a. Geographic Limitations
You understand that the Services are designed and only intended to operate only in Canada. If you take your vehicle outside Canada, your Services (including your Device and/or your Mobile App) and/or your cellular service required for the Services may not work, and additional terms and conditions and/or fees may apply to your use of the Services in addition to these Terms and the Subscription Fees. MMSCAN is not responsible for any additional fees you may incur from third parties, such as your cellular service provider, due to your use of the Services outside of Canada. In addition, you understand and agree that any personal information you provide may be transferred to and processed in the United States or other countries and handled in accordance with the Privacy Statement. Such information may be accessible to courts, law enforcement and national authorities in countries other than Canada. Do not use the Services if you do not want your information transferred to or processed in this manner.
8. b. No Outbound Calling
You understand that you cannot place voice calls from your vehicle (other than to the Customer Care center using the SOS Emergency Assistance, Roadside Assistance or Information Assistance buttons) or use your vehicle to receive calls from anyone other than the Customer Care team, PSAP or roadside assistance personnel. The mobile telephone number associated with your vehicle is not published in any directory and is known only to MMSCAN and its service providers. We will not share it with you. Attempting to discover this mobile number or using it for purposes not permitted in these Terms will be a material breach of these Terms.
8. c. Limitations of GPS and Cellular Systems
The Services operate using the Global Positioning System (“GPS”), which uses satellite signals to estimate the location of your vehicle and uses cellular wireless network services to transmit that information to the Service Platform and to Customer Care. We also use the cellular wireless network to enable you to reach Customer Care from the vehicle or Mobile App and to enable Customer Care to contact you in the vehicle or at your mobile device. A number of factors can interfere with the availability or accuracy of GPS and cellular services, including topography, distance from cell towers, congestion of the cellular network, weather conditions, or land features that block access to satellite or cell tower signals, such as tunnels, hilly areas, below grade roadways or dense buildings or forest. MMSCAN CANNOT GUARANTEE THAT SERVICES WILL WORK EVERYWHERE, PARTICULARLY IN REMOTE OR ENCLOSED AREAS, OR IN ALL VEHICLES AT ALL TIMES.
8. d. System Maintenance and Over the Air Updates
We and the service providers who work with us to provide the Services will need to perform maintenance on our systems from time to time, which could temporarily reduce or interfere with the availability of Services. When we are the party performing the maintenance, we will try to limit our work to hours when usage of Services is typically low (and we ask our partners to do the same), but emergencies may require us or our partners to take actions during normal usage hours. Neither we nor our partners will have any liability for your inability to access or use Services during these maintenance windows.
We may also need to send software updates to your Device from time to time, such as to correct errors, to improve Services or to address security vulnerabilities. We may send these updates without your consent, but we will use good faith attempts to notify you in advance of these changes and of the impact they may have, particularly if we believe that the update will or could reduce the availability of Services during a particular time period or could interfere with any data you have entered into the system for the Services or any settings you have chosen in your vehicle, in your Mobile Apps or in your Account. While your Device is receiving a software update, you may be unable to use the Service in any manner until the software update is complete.
8. e. Changes in Technology
The operators of the GPS services and cellular network operators may take actions that update their equipment and technology so that it is no longer compatible with your vehicle. While we have taken reasonable precautions to design the Device and vehicle to be compatible with known development plans of GPS and cellular network service providers, we cannot guarantee that the Services will continue to be available in the event of such changes, and we disclaim responsibility for the loss of any Services. If you believe that any such changes to Services due to actions of cellular network service providers or the authorities responsible for the GPS system reduce the value of the Services (or of your vehicle), you agree that your sole remedy will be to cancel any Subscriptions as provided in Section 3(a).
8. f. Other Factors Outside MMSCAN Control
We and our service provider partners are not responsible for any delay or failure in performance of the Services if such failure or delay could not have been prevented by reasonable precautions, including where such failure or delay is caused by acts of nature, or forces or causes beyond our reasonable control. Examples include public utility, cellular service or GPS service failure, failures of third parties not under our control, acts of war, government actions, terrorism, civil disturbances, cyberattacks, labor shortages or difficulties (regardless of cause), weather events, or equipment failures including Internet, computer, telecommunication or other equipment or technology failures.
8. g. Accuracy of Results
MMSCAN does not guarantee any results or the accuracy of any results that you may obtain from the Services, including but not limited to any location calculated by the Services.
9. YOUR RESPONSIBILITIES
9. a. Maintenance of Your Vehicle; Deep Sleep Mode
You have the responsibility for keeping your vehicle and its systems required for the Services fully charged and in good working order. Your Dealer can advise you what maintenance is required for this purpose and provide it to you. You can confirm that your system is working properly by contacting Customer Care. If you intend to install audio equipment to replace the equipment supplied with your vehicle, it is your responsibility to ensure that the replacement equipment will not interfere with the functioning of the Services, including the ability of your vehicle to receive and broadcast voice calls from Customer Care or a PSAP. Please contact your Dealer if you have any questions about the compatibility of third party equipment. If you do not start and run your vehicle for an extended period (generally in excess of 5 days), your vehicle is designed to put the communications systems into a “deep sleep” mode to save battery power. You can only awaken your vehicle from deep sleep mode by physically starting the ignition. While the vehicle is in deep sleep mode, it will not be able to receive any signals from the Mobile App or Customer Care or to carry out any Remote Services.
9. b. Proper Usage of the Services
You are solely responsible for any use of the Services in your vehicle associated with your Account (including through the Mobile App), even if you are not the one using them and even if you later claim that the use was not authorized. You are also solely responsible for any other services (such as emergency medical or roadside assistance services) requested by you or by any of your Vehicle Users (whether the request is made through the vehicle, the Mobile App or by contacting Customer Care). You have the responsibility to train your Vehicle Users in the proper use of the Services (such as teaching children not to press the SOS emergency assistance or information assistance buttons as a toy). Neither we nor our service provider partners, including Customer Care, have an obligation to inquire about the authority of anyone using your vehicle or accessing Services through your Account. Specifically, you agree when you use the Services:
- not to use the emergency assistance button or to ask for emergency help or roadside assistance except for actual emergencies and roadside assistance needs;
- not to use your Service for any fraudulent, unlawful, or abusive purpose, such as to harass or annoy any person or to put any person or property in harm’s way or to cause damage to any person or property;
- not to use your Services in any way that interferes with our ability or the ability of our service providers to provide Services to other customers;
- not use your Services in a way that places a large burden on MMSCAN’s and its service providers’ systems and resources;
- not to abuse or do anything to damage the business operations, services, reputation, employees, facilities of us, our Dealers or any of our service provider partners; and
- not to use any of the Services available to you or any of the content you receive or access through the Service, including content in or available in any documentation (collectively, the “Content”) for commercial purposes, including to provide services to any other person;
You agree that if you do any of these things and we, our Dealers or our service provider partners are involved in any legal claims or litigation resulting from your actions or are damaged in any way, you will be responsible for our expenses in defending ourselves and for any damages or legal fees or costs that we need to pay to anyone.
9. c. Notification to Users and Vehicle Occupants
It is your sole responsibility to tell your Vehicle Users about the Services and how they work, what data may be collected (e.g., collection of geolocation data, call recordings, etc.) and how that data may be shared, and what the limitations of the Services are (e.g., they may not work in remote areas). If you choose to activate features such as curfew, boundary or speed alerts, you have the obligation to explain that remote monitoring of the vehicle will be conducted using parameters that you set. You agree to make all Vehicle Users aware of and subject to these Terms and the Privacy Statement, and you are responsible for not only your own compliance with these Terms and use of the Services but also for the compliance and use by all Vehicle Users and users of your Account or vehicle, whether or not authorized by you. You are also responsible for obtaining any consents from Vehicle Users that are required be applicable law, including for the collection, use and disclosure of their personal information as described in these Terms and the Privacy Statement.
9. d. Integrity of the Device
The Device is not intended to be accessed, maintained or handled by anyone other than qualified Dealer service personnel. You must take care not to attempt to access or to tamper with, or allow any other person (including any persons other than qualified Dealer service personnel providing service to your vehicle) to access or tamper with, the Device. Tampering with your Device may result in the Services not operating properly and may void your Device’s warranty.
9. e. Integrity of Your Account
You agree to keep your information in your Account up to date at all times in the Mobile App or by contacting Customer Care. You agree that MMSCAN may rely on the information in your Account to contact you, including without limitation for purposes of notifying you of a request to cancel the Services per Section 3(a) and of a pending Automatic Renewal per Section 2(b), and that MMSCAN is not responsible for your failure to update your information in your Account.
You have the sole responsibility for safeguarding the security of your vehicle, your Account, any devices you use to access the Services, such as smartphones or computers, any services you use to access the Services, such as your home or business internet or cellular service, and any credentials you use (e.g., keys, PINs, usernames, passwords, secret questions, etc.) to gain secure access to any of these. You will be responsible for any actions taken by any person using your access credentials until you notify us that the security of your access credentials or any devices has been compromised, and you agree to cooperate with us in the correction of any device security issues or resetting of any access credentials. You further agree that MMSCAN may, in our sole discretion, treat any person who presents your credentials that we deem sufficient for Account access as you or an Authorized User on your Account for disclosure of information or changes in Service.
9. f. Other Equipment Used to Access Services
You are responsible for providing any additional equipment needed to access Services when not in the vehicle, such as a smartphone or computer, for installing the most recent version of any Mobile Apps, and for paying the costs of internet or cellular service in order to access Services through your smartphone or computer.
9. g. Complying with Laws
You are responsible for determining whether actions that you can take using the Services are permitted under the laws where you operate your vehicle. For example, local laws may limit your right to honk your horn in certain areas or at certain times, whether you operate the horn from inside your vehicle or using a remote command from your Mobile App. Or, they may restrict whether or how long you may allow your vehicle to operate without any adult driver present, such as when you use the remote start feature to start your vehicle on a cold day. You can research your local laws on the internet or call your city or local government for guidance on where to find more information.
9. h. Insurance for Your Vehicle
You understand that the Services are not a substitute for automobile insurance. It is your responsibility to arrange appropriate insurance for your vehicle as required by the laws of the province, territory or country where you live and as required under the terms of any agreement you may have for the financing or lease of your vehicle. Any Subscription Fees relate solely to the value of the Services, not to the value of your vehicle or any property in it, or to the cost of any injury to or damages suffered by you or anyone else.
9. i. Consent to Transfer Information
The Services are operated from within Canada. If you are located outside of Canada and are accessing the Mobile App or otherwise using the Services, please be aware that information we collect will be stored in the United States. Such information may be accessible to courts, law enforcement and national authorities in the United States. Do not use the Services if you do not want your information transferred to or processed in this manner. By using or accessing the Mobile App, using the Services or providing us with any information through the Services, you consent to this transfer, processing and storage of your information in United States.
10. SYSTEM SECURITY
10. a. Security of Cellular Communications
The Services depend on the cellular wireless networks to operate. While we and our service providers take reasonable precautions to protect communications from interception, there can be no guarantee that the data, SMS or other content (such as voice) transmitted over cellular channels will not be intercepted. You agree that we and our service provider partners will not have any liability for any actions taken by third parties to invade the privacy or security of these communications.
10. b. System Security
If you believe that any person is attempting to send commands to your vehicle using a device that you have not authorized, or has accessed any of your personal information or your vehicle data improperly, please contact Customer Care immediately and provide as much information as you can about the incident. We will investigate promptly and take any actions we think are reasonable and necessary in the circumstances to keep your Service or data secure. If we believe that a serious security issue is present, we reserve the right to disable all Services without prior notice to you. We will send you notice using your preferred notification methods (Mobile App, SMS and/or email) as soon as we can of the disruption in Services and will use reasonable efforts to restore Services as soon as possible. During any interruption, Services may not work correctly or at all. Please keep your Account information updated so that we may reach you if necessary.
10. c. Reports to You of Security Issues
If we believe that any unauthorized person has the ability to send unauthorized commands to your vehicle in a way that we believe could cause harm to you or your Vehicle Users, we will attempt to notify you promptly using your Account information on file and will comply with all laws that are applicable to the situation. If we believe that a serious security issue is present, we reserve the right to disable all Services without prior notice to you. We will send you notice using your preferred notification methods (Mobile App, SMS and/or email) as soon as we can of the disruption in Services and will use reasonable efforts to restore Services as soon as possible. During any interruption, Services may not work correctly or at all. Please keep your Account information updated so that we may reach you if necessary.
11. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
11. a. No Warranty for Services
IF YOU ARE A CONSUMER SUBJECT TO THE QUEBEC CONSUMER PROTECTION ACT, THE EXCLUSION OF WARRANTIES CONTAINED IN THIS SECTION DO NOT LIMIT YOUR RIGHTS AND REMEDIES UNDER SUCH ACT, INCLUDING THE RIGHT TO MAKE A CLAIM UNDER ANY OF THE STATUTORY WARRANTIES PROVIDED UNDER SECTIONS 34 TO 54 OF SUCH ACT.
Your vehicle may have a limited warranty that includes the equipment installed in the vehicle that is needed to access and use the Services (together, the “System”), including the Device. MMSCAN does not, however, make any warranty or condition about the Services, including any warranty or condition about the availability or accuracy of any data that you may be able to access using the Services, any warranty or condition about the availability, performance, timeliness or results of the Services, or any warranty or condition of availability, timeliness or performance of third party services that can be requested by using the Services, such as roadside assistance or emergency medical services. We do not make any promises that the Services will meet your needs, that they will operate without interruption, or that they will be error-free. You agree that if you do not like the Services or do not think that they meet your needs or any other promises, your sole remedy will be to cancel your Subscription and seek a refund under Section 3. WE AND OUR SERVICE PROVIDER PARTNERS DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALL SERVICES ARE PROVIDED “AS IS”.
11. b. Limitation of Our Liability
IF YOU ARE A CONSUMER SUBJECT TO THE QUEBEC CONSUMER PROTECTION ACT, THE LIMITATIONS OF LIABILITY CONTAINED IN THIS SECTION DO NOT RELEASE MMSCAN FROM THE CONSEQUENCES OF ITS OWN ACTIONS OR THE ACTIONS OF ITS REPRESENTATIVES, OR FROM ITS GROSS OR INTENTIONAL FAULT.
We have priced the Services to you based on our contractual agreement, which states that we will not have liability for damages you may suffer through the use of (or our failure to provide) the Services. You agree that you have waived, and that we will have no liability for, any consequential, incidental, indirect, punitive or exemplary damages, or for any loss of business, revenue, profit, data or opportunity, alleged to be suffered by to you, your Vehicle Users or any other person, including any family member, employer or employee. We will not have any liability for direct or other damages arising from:
- your misuse of the Services, the Device or your vehicle, or
- failure to maintain your vehicle or failure to follow instructions for use of the Services.
Our liability to you for any type of direct damages arising out of any cause of action of any kind on any legal theory will not exceed the amount paid by you to MMSCAN for the Services under these Terms during the twelve (12) month period preceding the last act giving rise to such liability. These limitations apply whether you are making a claim under contract law or tort law. Some jurisdictions do not allow the exclusion or limitation of certain types of damages, such as damages for personal injury or damage to property directly caused by our actions or failure to act, damages caused by our failure to protect your personal information, or damages arising out of gross negligence or willful misconduct, or incidental or consequential damages, so these limitations may not apply to you.
11. c. No Right of Action Against Third Party Service Providers
These Terms do not give you any rights against any of the third party service providers that we contract with in order to provide Services to you, including any wireless carriers, the Customer Care agents, the operator of the Services Platform, the manufacturer of the Device, the developer of the Mobile App, or other persons who help us. The warranty and condition disclaimers, limitations of liability and other protections of these Terms extend to these third parties as well.
11. d. Limitation on Claims; Indemnity
You agree on your own behalf and on behalf of your Vehicle Users not to bring any claim against MMSCAN, any Dealer, or any of our third party service provider partners for any claim for which we have disclaimed responsibility under this Section 11. If you, or any party claiming under you, brings such a claim, you agree that you will be responsible for all of our costs and expenses, including legal fees, in defending the claim. Except where prohibited by law, you may not bring any claim against us, the Dealer, or any of our service provider partners more than one year after the claim arises. You agree that the disclaimers of warranties and conditions, limitations of liability and your agreements to be responsible for costs in these Terms will survive even after the agreement has ended.
You agree to indemnify, defend, and hold MMSCAN, any Dealer, or any of our third party service provider partners harmless from any claims arising out of or relating to your actions, including, but not limited to, your use of the Services and any information you submit, post, transmit, or make available via the Services; failure to safeguard your passwords or other account information; or violating these Terms, the Privacy Statement, or any other policy referenced in these Terms, any applicable law or regulation, or the rights of any third party.
11. e. No Modification of Warranty or Limitation of Liability
You understand that no one, including any Dealer, has the authority to make any representations or promises about the Services other than what is in these Terms or to modify any warranty for the Services or to retract or change any disclaimer of warranties or limitation of liabilities. Promises about the Services beyond what is in these Terms or modifications to the warranty or limitation of liability provisions will only be binding on us if they are made in writing by an authorized representative of MMSCAN.
12. INTELLECTUAL PROPERTY RIGHTS
We, our third party service providers, and our and their licensors own all of the software and hardware technology (in both source and object code) used to provide the Services, including the System Platform, and the Mobile Apps. This ownership extends to all copyrights, patents, patent applications and trade secrets used in that technology. As between the parties, MMSCAN also owns all intellectual property rights in any Content and in all worldwide trademarks and service marks that we and our service providers use in connection with the Services. You promise you will not (a) use or allow your Vehicle Users to use any Content you receive through the Services for any purpose other than the user of the Services, or (b) attempt to reverse engineer any of our technology to derive our trade secrets or source code, except as expressly authorized by us.
13. DISPUTE RESOLUTION
IF YOU ARE A CONSUMER SUBJECT TO THE QUEBEC CONSUMER PROTECTION ACT, THE IMMEDIATELY FOLLOWING JURISDICTION, ARBITRATION AND WAIVER PROVISION DO NOT APPLY.
13. a. Informal Dispute Resolution
If you and we have a disagreement related to these Terms or the Services, or if you think you have any kind of claim against us or any of our service provider partners related in any way to the Services (a “Dispute”), we agree to try to resolve it first by talking with each other in good faith. We will provide a means to contact an authorized MMSCAN representative by sending an email to [email protected]
13. b. Arbitration
If we are not able to resolve our Dispute informally, WE BOTH AGREE, TO THE FULLEST EXTENT PERMITTED BY LAW, TO USE ARBITRATION, NOT LAWSUITS (except for small claims court cases as described below) TO RESOLVE THE DISPUTE. Of course, either of us can always contact a government agency or regulatory authority for help, too. There is no judge or jury in arbitration, and review of the arbitrator’s decision by a higher court is limited, but an arbitrator can award the same damages and relief, and must honor the same limitations in these Terms as a court would. Here's how private arbitration will work:
- You agree that, apart from any claim you may bring in small claims court, the sole and exclusive forum and remedy for any and all Disputes that cannot be resolved informally will be final and binding arbitration conducted in accordance with this Section 13(b).
- You and we agree that any and all Disputes arising out of or relating to these Terms, or the breach thereof, shall be determined by arbitration administered by ICDR Canada in accordance with its Canadian Arbitration Rules. The number of arbitrators shall be one. The place of arbitration shall be Toronto, Ontario. The language of arbitration shall be English.
- You can get a copy of the Canadian Arbitration Rules and information about ICDR Canada’s fee schedule at www.icdr.org/icdrcanada.
- You expressly waive the right to maintain any class arbitration even if the Canadian Arbitration Rules would permit them (this is referred to below as the “Class Action Waiver”). In return, we agree to pay any filing fee charged by ICDR Canada.
- You and we agree that the laws of the [Province of Ontario] will apply to these Terms, excluding its provisions on conflicts of laws if they would cause the substantive laws of another jurisdiction to apply.
- You and we agree to pay our own fees (other than the ICDR Canada filing fee), costs, and expenses, including those for any attorneys, experts, and witnesses. You agree that any claim for or award of attorneys’ fees is waived.
- Any arbitration award made after completion of an arbitration is final and binding and may be confirmed in any court of competent jurisdiction. An award and any judgment confirming it only applies to the arbitration in which it was awarded and can't be used in any other case except to enforce the award itself.
- If a court or arbitrator determines that any part of this arbitration agreement other than the Class Action Waiver is not enforceable, the rest of this arbitration agreement will be enforceable.
13. c. Waiver of Jury Trial
In any case where these arbitration requirements do not apply for whatever reason, including any claim brought in small claims court, each of you and we waive to the fullest extent permitted by law any trial by jury.
13. d. Exception for Violation of Intellectual Property Rights
The obligation to use arbitration exclusively will not apply in any case where one of us believes that the other party has infringed or violated, or threatened to infringe or violate, any of its (or its licensors’) patent, copyright, trademark, trade secret, or publicity rights. We both acknowledge that, because the harm can increase if not stopped immediately, there is likely no adequate remedy at law in such a situation, and that injunctive or other appropriate relief may be sought by the party who believes it is being harmed, either in court or from an arbitrator.
14. GENERAL TERMS
14. a. How We Communicate with Each Other
If we need to contact you, we will use the information we have about your Account. You have the responsibility to update your contact information if it changes. Any written notice from you required by these Terms will be considered given when we receive it at our address provided below. Any written notice from us required by these Terms will be considered given when we send it to you by email to any email address you have provided to us, or two days after we mail it to you, based on the postmarked date, at the most current billing address we have on file for you in your Account.
Attention: Privacy Officer
Mitsubishi Motor Sales Of Canada
P.O. Box 41009
14. b. Our Relationship
By providing Services, neither we nor our service provider partners intend to take on any special or heightened responsibilities to you or your Vehicle Users, such as fiduciary duties or responsibilities of emergency responders. We have only a contractual relationship.
14. c. Entire Agreement
These Terms (including the Privacy Statement, as amended by MMSCAN from time to time, and any other documents incorporated in the Terms) are the entire agreement between you and us. It supersedes all other agreements or representations, oral or written, between us, past or present. If any part of these Terms is considered invalid by a court or arbitrator, the rest of it will remain enforceable. It will also be binding on your heirs and successors and on our successors. No waiver of any part of these Terms, or of any breach of these Terms, in any one instance will require us to waive any other instance or breach. IN SOME CIRCUMSTANCES WE MIGHT DECIDE TO PROVIDE YOU SERVICE VOLUNTARILY EVEN IF YOU WOULDN'T OTHERWISE QUALIFY. THIS WON'T BE A WAIVER OR REQUIRE US TO DO SO AGAIN. YOU AGREE WE WON'T BE LIABLE FOR ANYTHING RESULTING FROM OUR PROVISION OF SUCH SERVICE.
14. d. Updates to Terms.
MMSCAN reserves the right to modify, amend, restate or replace all or any portion of these Terms at any time. If MMSCAN makes any such changes, we will provide you with thirty (30) days prior written notice of such changes and their effective date via the contact information you have provided. You shall be deemed to have agreed to the revised Terms if you continue using the Services after the effective date of such changes. If you do not agree with the changes, your sole and exclusive remedy is to not use the Services or to cancel your Services Package and/or the Non-Subscription Services in accordance with Section 3 (Cancellation and Termination) above.
14. e. Language
The parties to this Agreement have expressly requested that this Agreement be drafted in the English language. Les parties ont spécifiquement demandé que cette convention soit rédigée en langue anglaise.
By clicking the “agree” button, you are providing your electronic signature and you agree that you have read these Terms and agree to be bound by these Terms, whether or not you have read them. You represent that you are authorized to access and use the Services. You agree that you are at least 18 years old (or the age of majority applicable in your province or territory of residence, if different) and are lawfully able to enter into these Terms. Further, you agree to make all other Vehicle Users aware of these Terms and subject to these Terms. You are solely responsible and liable for the use of the Services for your vehicle, even if you are not the one using the Services or the vehicle, and even if you later claim that such person’s use was unauthorized.
IF YOU ARE A CONSUMER SUBJECT TO THE QUEBEC CONSUMER PROTECTION ACT, THE IMMEDIATELY FOLLOWING ARBITRATION PROVISION DOES NOT APPLY.
In addition, YOU ACKNOWLEDGE THAT THESE TERMS REQUIRE THE PARTIES TO RESOLVE THEIR DISPUTES BY ARBITRATION ON AN INDIVIDUAL BASIS.