TERMS AND CONDITIONS
Terms and Conditions
Effective Date: January 13th 2023
Mitsubishi Motors (Thailand) Co., Ltd. (“MMTh” 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 MMTh. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACTIVATE THE SERVICES, OR IF YOU HAVE ACTIVATED THE SERVICES, CONTACT MMTh CALL CENTER 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 MMTh IN ACCORDANCE WITH THESE TERMS, THE CONNECTED VEHICLE SERVICES PRIVACY STATEMENT, AND THAI 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. YOU WERE NOTIFIED OF AND CONSENTED TO THIS COLLECTION, USE, DISCLOSURE AND SHARING AT YOUR TIME OF 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 MMTh CALL CENTER 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 SERVICES, AND ANY APPLICABLE SUBSCRIPTION SERVICE PACKAGE, INCLUDING ANY FREE “TRIAL” SUBSCRIPTION, PURSUANT TO WHICH YOU WERE RECEIVING THE SERVICES WILL IMMEDIATELY TERMINATE.
In order to receive the Services, the customers, purchaser or lessee (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, 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 MMTh call center, who is available at 02-079-9500 (“MMTh Call Center”) 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 MMTh provide you these documents and their content in writing. Your clicking on the “AGREE” button BELOW indicates your signature and your acceptance of this ELECTRONIC SIGNATURE AND DISCLOSURE CONSENT notice.
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
Services are available as “Subscription Services”, which require activation by you or which are activated by default, when you purchase or lease the vehicle, More information about these Services is available in your vehicle’s manual provided to you by MMTh...
a. Subscription Services
Subscription Services are offered on a “Package” basis.
b. Vehicle Data Collection
The following information about your vehicle (the “Default Vehicle Data”) will be collected, used, disclosed and shared by MMTh 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. MMTh may also use the Default Vehicle Data for marketing purposes and other purposes indicated in the Connected Vehicle Services Privacy Statement. If you do not want this Default Vehicle Data to be collected, contact MMTh Call Center 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 Services.
2. SUBSCRIPTION SERVICES
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 MMTh 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.
You can extend the Subscription Period by purchasing a renewal as described in these Terms (a “Renewal”). MMTh or its partners will use reasonable efforts to notify you using your Account information on file 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.
MMTh 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”). MMTh will provide you notice 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 MMTh 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 MMTh Call Center. 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.
c. Service Period; Deactivation of Device
When you sign up to receive Subscription Services, MMTh will provide the Subscription Services , 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 MMTh 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, MMTh 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 MMTh Call Center and purchase a Subscription Service.
The price for any Subscription Package, including Renewals (the “Subscription Fees”), will be disclosed to you before you finalize any Subscription or Renewal. Unless MMTh 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. Prices do not include VAT, 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.
Purchases of Subscriptions and Renewals can be completed by contacting MMTh Call Center. If any billing statement relating to any fees or charges for Subscription Services billed by or through MMTh appears incorrect, you or an Authorized User must call MMTh Call Center or contact MMTh Call Center in writing within 7 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, you will be considered to have waived the dispute.
3. CANCELLATION AND TERMINATION
a. Cancellation; Refund
You may cancel any Subscription at any time by contacting MMTh Call Center. 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, MMTh will cancel the Subscription according to the original request. MMTh will refund to you a pro-rata amount of any pre-paid Subscription Fee following the cancellation request. If MMTh 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. No refunds are available for Subscription Services provided as a Trial. In the event of a cancellation, the Vehicle Data Collection may also continue.
In the event that you or any Vehicle User violates these Terms, MMTh may terminate any Subscription prior to the end of the relevant Subscription Period by giving notice to you. MMTh will use reasonable efforts to notify you using your Account information on file at least ten (10) business 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 MMTh (including its other customers or service providers), then MMTh 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 MMTh or its service providers.
c. Discontinuation of Connected Services Program or Certain Services by MMTh
MMTh 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 laws, or for any other reason in MMTh’s sole discretion. MMTh may also deactivate your Device in connection with the discontinuation of the Services. MMTh will use reasonable efforts to notify 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 MMTh discontinues any Subscription Services for which you have pre-paid a Subscription Fee, MMTh will offer pro-rata refunds as provided in Section 3(a) above. MMTh, 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.
d. Changes in Services
We reserve the right to add, modify change or delete Services, and to modify the terms on which MMTh sells Subscriptions, including Subscription Fees and the Subscription Periods available for any paid Subscriptions, including Renewals. MMTh will use reasonable efforts to notify you of the addition, modification or discontinuation of any Services included in any current Subscription using your Account information on file; the notice will generally 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 MMTh 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. MMTh 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.
e. Continuing Vehicle Data Collection; Continuance of Certain Services
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, MMTh will stop providing the Services when notified of the sale, lease, transfer or surrender. A “Subsequent Owner” (including any lessee or other transferee) of the vehicle may purchase Services by contacting MMTh Call Center. 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 MMTh 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 MMTh of the sale, lease, transfer or surrender. You may cancel any Subscription as provided in Section 3(a).
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).
a. Use of Services not a Substitute for Directly Contacting 191
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 191 on a mobile phone or landline or asking passers-by for assistance.
b. Consent for Sharing Data with Emergency Personnel
c. No Responsibility for Emergency Response or Roadside Assistance Providers
MMTh does not have any control over emergency service providers or roadside assistance providers. MMTh cannot assure you, or make any guarantees, 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. MMTh 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.
d. 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. MMTh 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 MMTh Call Center or as a result of a crash notification, will be solely responsible for payment of any charges from the service providers.
6. PRIVACY; COLLECTION AND USE OF DATA
a. Privacy Statement
b. Voice Recording
Interactions with MMTh Call Center and emergency personnel over voice channels may be monitored, recorded, retained and shared as deemed necessary, and by agreeing to receive or by accessing the Services that involve interactions with MMTh Call Center or emergency personnel, you are providing, on your own behalf and on behalf of your Vehicle Users, consent to these monitoring and recording activities.
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 the 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 belongs to MMTh and its service providers. You agree that you and your Authorized Users have no right to access or use Vehicle Use Information (excluding EDR Data) and Access Information.
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 on behalf of your Vehicle Users, consent to the use of these communications services.
b. Consent to Being Contacted
In order to provide the Services, MMTh 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 MMTh, 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
a. Geographic Limitations
b. 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 MMTh Call Center. We also use the cellular wireless network to enable you to reach MMTh Call Center from the vehicle or Mobile App and to enable MMTh Call Center 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. MMTh CANNOT GUARANTEE THAT SERVICES WILL WORK EVERYWHERE, PARTICULARLY IN REMOTE OR ENCLOSED AREAS, OR IN ALL VEHICLES AT ALL TIMES.
c. 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.
d. 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).
e. Other Factors Outside MMTh 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, labor shortages or difficulties (regardless of cause), weather events, or equipment failures including Internet, computer, telecommunication or other equipment or technology failures.
f. Accuracy of Results
MMTh 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
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. You can confirm that your system is working properly by contacting MMTh Call Center. 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 MMTh Call Center or a PSAP. 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 MMTh Call Center or to carry out any Remote Services.
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 MMTh Call Center). 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 MMTh Call Center, 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 MMTh’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.
c. Notification to Users and Vehicle Occupants
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 Mitsubishi authorized dealers 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.
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 MMTh Call Center. You agree that MMTh 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 MMTh 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 MMTh 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.
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.
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.
h. Consent to Transfer Information
The Services are operated from within the Kingdom of Thailand. If you are located outside of the Kingdom of Thailand, and are accessing the Mobile App or otherwise using the Services, please be aware that information we collect will be collected and stored in the Kingdom of Thailand. 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 Thailand.
10. SYSTEM SECURITY
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.
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 data or your vehicle data improperly, please contact MMTh Call Center immediately and provide as much information as you can about the incident. If we believe that a serious security issue is present, we reserve the right to disable all Services without prior notice to you. 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.
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
a. No Warranty for Services
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. MMTh does not, however, make any warranty about the Services, including any warranty about the availability or accuracy of any data that you may be able to access using the Services, any warranty about the availability, performance, timeliness or results of the Services, or any warranty 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, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALL SERVICES ARE PROVIDED “AS IS”.
b. Limitation of Our Liability
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 or 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 MMTh 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.
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 MMTh Call Center 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 disclaimers, limitations of liability and other protections of these Terms extend to these third parties as well.
d. Limitation on Claims; Indemnity
You agree on your own behalf and on behalf of your Vehicle Users not to bring any claim against MMTh, 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 attorneys’ 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, limitations of liability and your agreements to be responsible for costs in these Terms will survive even after the agreement has ended.
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 MMTh.
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, the Mobile Apps. This ownership extends to all copyrights, patents, patent applications and trade secrets used in that technology. As between the parties, MMTh 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
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.
b. Competent Court
If we are not able to resolve it our Dispute informally, WE BOTH AGREE, TO THE FULLEST EXTENT PERMITTED BY LAW, TO USE COURT OF THAILAND, TO RESOLVE THE DISPUTE.
The Dispute shall be governed by and construed in accordance with the Laws of Thailand.
You and we agree to pay our own fees, costs, and expenses, including those for any attorneys, experts, and witnesses.
14. GENERAL TERMS
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 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.
Mitsubishi Motors (Thailand) Co., Ltd.
MMTh Call Center
- Address: 2525 FYI Centre, Floor 9, Rama IV, Khlong Toei Sub-District, Khlong Toei District, Bangkok, 10110 Thailand
- Phone number: 02-079-9500 (Available 24 hours, every day including National Holidays)
- Website: https://www.mitsubishi-motors.co.th/en/about-us/contact-us
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.
c. Entire Agreement
d. Updates to Terms.
MMTh reserves the right to modify, amend, restate or replace all or any portion of these Terms at any time. If MMTh makes any such changes, we will notify you 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.
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 20 years old and are lawfully able to enter into these Terms. Further, you agree to make all other Vehicle Users aware of these Terms and subject to these Terms. You are solely responsible and liable for the use of the 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.
In addition, YOU ACKNOWLEDGE THAT THESE TERMS REQUIRE THE PARTIES TO RESOLVE THEIR DISPUTES BY COURT OF THAILAND ON AN INDIVIDUAL BASIS.