Terms of Service
INFORMATION ABOUT THESE TERMS
We are Honda Motor Europe Limited (“Honda,” “we,” “us,” or “our”), a limited company registered in England and our registered address is Cain Road, Bracknell, Berkshire RG12 1HL.
These Terms apply to your use of the Honda RoadSync mobile phone application ("App") and any products and/or Services which might be available to you through, or in connection with, the App ("Services").
These Terms constitute a legally binding agreement between you and Honda in relation to your use of the App and the Services so please read them carefully before you use the App and/or the Services.
You will be asked to accept these Terms when using the App which may require you to tick digital acceptance boxes within the App. You understand that by accepting these Terms you will be legally bound by them and at the point of acceptance a legally binding agreement between you and Honda shall be formed. If you do not agree to these Terms you will not be able to use the App.
These Terms include important information regarding your legal rights, obligations and remedies. Your attention is particularly drawn to the following clauses of these Terms: clause 7 (Warranty) and clause 9 (Liability).
These Terms were last updated on: 7 December 2020.
If you have any questions about these Terms or the App you can:
- view the frequently asked questions and answers section of the Honda website ("FAQ Pages") at https://global.honda/voice-control-system/EN/faq.html; and
- contact us using the contact methods and contact details which are available on the FAQ Pages or otherwise notified to you by Honda.
Nothing in these Terms affects any legal rights you may have in law, such as under the Consumer Rights Act 2015, also known as "statutory rights". For more detailed information on your rights visit the Citizens Advice website www.citizensadvice.org.uk or call 03454 04 05 06.
Only legal residents of the United Kingdom are eligible and able to use the App and the Services.
In order to use the App you must be of at least the legal minimum age required to:
- hold a driver’s license under the applicable laws in your country of residence; or
- in the country where you use the App.
In addition to clause 3.2, if you are under the age of 18 (or under the applicable age of majority in your country or territory of residence), you may only use the App and the Services if you have the consent of your parent or guardian, including consent to these Terms.
In order to download and install the App you must have a compatible smart phone with the required operating system installed and a sufficient amount of memory. These requirements will be subject to change from time to time and further information may be available in the relevant store you intend to download the App from (such as the Apple App Store or the Google Play Store) ("Appstore"). We do not sell the App to you, instead, you purchase and/or download the App from the relevant Appstore.
From time to time, updates to the App may be issued through the relevant Appstore. Please note that the App and the Services may have limited functionality where you do not have the most recent version of the App or operating system on your smart phone downloaded.
We license use of the App to you conditional upon you complying with these Terms and any rules or policies applied by the Appstore where you downloaded the App from. This license expires when these Terms are terminated by you or us in accordance with clause 12.
In order to download the App and use the full functionality of the Services you will require access to a mobile network and/or an internet connection, a Honda vehicle that is equipped with specific capabilities (such as Bluetooth), a mobile device (such as a smart phone or tablet), and other accessories (such as headsets, microphones or earphones) (collectively “Other Services”).
When you use Other Services, you must comply with the terms, conditions and instructions which are applicable to such Other Services. You are solely responsible for procuring any Other Services and paying all such fees and charges applicable for the Other Services. In particular, you may incur data fees and charges from third parties (such as a mobile network or internet provider) in connection with your use of the App and the Services. You are solely responsible for all such fees and charges. If you do not wish to incur such fees and charges then you should not use the App or the Services
We will not be responsible for any damage which results out of inaccurate or incomplete information or interrupted Services which have been caused by the Other Services (including any partially restricted reception and/or transmission of mobile network data).
The App may contain links to other independent third party websites, information, products or services (collectively, “Third Party Content”). Third Party Content is not under our control, and we are not responsible for and do not endorse any of it. Likewise, Honda does not guarantee that any information on the App which is provided by a third party (including as part of any Third Party Content) is up to date, complete or accurate. You will need to make your own independent judgement regarding your interaction with any information or content available through the App (including, but not limited to, traffic rules, police instructions, map data, traffic information, and directions).
Any arrangements entered into between you and a provider of Third Party Content shall be between you and the relevant provider only. We shall not be liable for the acts or omissions of any provider of Third Party Content (including, but not limited to, any issues relating to their functionality or availability or map data, traffic, and directions accuracy).
USE OF THE APP
While we try to make sure that the App is accurate, up-to-date and free from bugs, we cannot guarantee that it will be. Furthermore, we cannot guarantee that the App or the Services will be fit or suitable for any purpose. Therefore any reliance that you may place on the information on the App is at your own risk as that information constitutes an estimate only and could be inaccurate, incomplete or out of date.
In particular Honda does not warrant that the Services, or any information or content available through the App (including, but not limited to, map data, traffic and directions) (the “Contents”), are accurate. You acknowledge and agree that:
- the actual road conditions may differ from the Contents;
- the Contents are not intended to replace the information provided on the road, such as travel directions, time based restrictions, lane restrictions, road blockades, traffic signs, traffic lights, police instructions; and
- we are not responsible to you for any incorrect or dangerous map directions.
Honda does not warrant that all the Services provided through the App are suitable or safe for use in all circumstances, or lawful in all countries. You agree that you are responsible for the safe use of the App and the Services and you agree at all times to use reasonable skill and judgement when using the App and the Services.
You must ensure that when you use the App and the Services you obey, follow and comply with all applicable road traffic laws and regulations. You acknowledge and agree that you will:
- only use the remote commands available through the App (or the device on which the App is installed) when it is safe and legal to do so;
- not use the App and the Services in a way that is unsafe or may cause a risk of injury to persons or damage to property; and
- not use the device on which the App is installed whilst driving or operating a vehicle.
You agree that as a condition of your license to use the App and the Services (as set out in clause 6 below), you will not use the App or the Services contrary to what is stated in these Terms. In particular you agree not to:
- reproduce, distribute, upload, sell, rent, lease, disassemble, decompile, reverse-engineer or create derivative works, make alterations or modifications of the whole or any part, or otherwise use or exploit all or part of the App or the Services other than as expressly permitted under these Terms;
- use the App or the Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses or harmful data, into the App;
- infringe our intellectual property rights or those of any third party in relation to your use of the App or the Services;
- use the App or the Services in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;
- collect or harvest any information or data from any aspect of the App or our systems or attempt to decipher any transmissions to or from the servers running the App;
- provide us with false or incorrect information in connection with the App or the Services (including, but not limited to, using a third party’s user name, password, account information, name, or other attributes);
- disclose, transfer or lend your accounts (including, but not limited to, any user ID and password associated therewith) to a third party or otherwise allow a third party to use your accounts;
- bypass, modify, defeat, tamper with or circumvent any of the functions or protections of the App or the Services;
- access, monitor or copy any element of the App or the Services using automated means (including, but not limited to, a robot, spider, or scraper);
- destroy, obstruct, tamper with, or alter any system, data or network related to the App or Services;
- transmit, store or attempt to do the same any data containing viruses or other harmful computer programs;
- damage, disable, overburden or impair the App or the Services;
The App has been programmed to allow us to remotely disable your use of the App and/or the Services if the term of your license to use the App and/or the Services has expired or has been terminated in accordance with these Terms. You acknowledge and agree that if your access to the App and/or the Services has been remotely disabled, the App and/or the Services will cease to function in some or all respects, and you may lose any data stored within the App.
You will be liable to pay us any reasonable costs, losses or other liabilities which we incur or suffer as a result of your breach of these Terms.
LICENSE AND OWNERSHIP
Subject to these Terms, we hereby grant to you a non-exclusive, limited, non-transferrable, revocable license to use the App and the Services only in accordance with these Terms and solely for personal use. This license does not include a license to reproduce, modify, or distribute the App.
Except for the license granted in clause 6.1, all rights, title and interest (including, but not limited to, all intellectual property rights) in and to the App and the Services are owned by Honda, its group companies and/or other licensors, and are protected by copyright laws, as well as other intellectual property laws and treaties. We, our affiliates, and our licensors reserve all of our and their intellectual property rights in connection with the App and the Services. This means, for example, that we and they remain owners of such intellectual property rights and are free to use them as we and they see fit.
Intellectual property rights means rights such as: copyright, trade marks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind whether or not they are registered or unregistered (anywhere in the world).
We agree to provide the App to you with reasonable skill and care and will use our reasonable efforts to make the App available to you at all times.
You acknowledge and agree that the Services available through the App are provided on an “as is” basis and:
- the App or the Services will not be error free, up to date or constantly available without any interruption. The availability, accuracy and functionality of the App or the Services may be dependant on the availability of your mobile network, an internet connection or GPS signal, or other factors relating to your vehicle;
- certain functionalities within the App or the Services may not operate properly or at all if your vehicle has not been maintained and kept in a good working order;
- the App or the Services may be subject to periods of unavailability or disruption during times where maintenance, updates and modifications are being carried out (this may also include instances where Third Party Content is being maintained, updated or modified by the relevant third party providers).
EVENTS OUTSIDE OUR CONTROL
We shall not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by any act or event beyond our reasonable control, including but not limited to:
- failure of public or private telecommunications networks;
- failure of the App or any Services due to lack of GPS signal, lack of internet connection, adverse weather conditions, natural disasters, or change of law or any governmental directions or orders,
each an “Event Outside Our Control”.
If an Event Outside Our Control takes place that affects the performance of our obligations under these Terms:
- our obligations under these Terms will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control; and
- we will use our reasonable endeavours to find a solution by which our obligations under these Terms may be performed despite the Event Outside Our Control.
LIMITATION OF LIABILITY
If we fail to comply with the Terms, we may be responsible for loss or damage you suffer that is a foreseeable result of our breach of the Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time you agreed to the Terms.
We only supply the App and the Services (including any messages, data, information, content, or other material provided in conjunction with the App or the Services) for domestic and private use. You agree not to use the App for any commercial, business or re-sale purposes, and we shall at all times have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We do not in any way exclude or limit our liability for:
- death or personal injury caused by our negligence;
- fraud or fraudulent misrepresentation; or
- any matter which it is not permitted by law to limit or exclude, or attempt to limit or exclude, our liability.
You acknowledge and agree that by submitting any feedback in relation to and concerning the functionality and performance of the App and/or the Services (“Feedback”), the Feedback:
- does not contain any confidential, proprietary or personal information of third parties;
- does not infringe any third party intellectual property rights; and
- may be disclosed and used by Honda as decided from time to time.
By submitting the Feedback:
- you grant to us a free, world-wide, perpetual, non-exclusive, assignable, transferable license to use the Feedback, including (without limitation) to improve or alter the App or the Services, and for such other commercial or non-commercial purposes as we may decide from time to time; and
- you acknowledge that by granting such a license you irrevocably waive, and cause to be waived, any and all claims and assertions of any intellectual property rights or moral rights you may have in such Feedback.
Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our Privacy Notice, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities if you have a query or complaint about the use of your personal information.
SUSPENSION AND TERMINATION
You are entitled to stop using the App and/or the Services at any time.
We may, at our own discretion and without notice or liability to you, restrict, suspend, or terminate your use of, or access to, all or a part of the App and/or the Services, if: (i) we believe that you have breached any of these Terms; (ii) we are required to do so by law, a court of competent jurisdiction or any governmental or regulatory authority; (iii) any unexpected technical issues or problems occur; (iv) circumstances arise that constitute and Event Outside Our Control; or (v) we stop providing the App and/or the Services in your country or to our customers more generally for any reason.
CHANGES TO THESE TERMS
We may update these Terms and/or the App from time to time, for example, to comply with changes in the law, to take account of new products, services or apps we may offer, or for other reasons.
We may change these Terms at any time by notifying you a change when you next start the App or, where possible, sending a notification to the device on which the App is installed. You will be deemed to have accepted those changes if you continue to use the App but, where those changes are detrimental to you, you will be asked to agree to and accept the updated Terms by ticking digital acceptance boxes within the App.
If you do not agree to the updated Terms you may not be able to use the App. You understand that by accepting and agreeing to the updated Terms you will be legally bound by them.
When we use the words "writing" or "written" in these Terms, this will include email unless we say otherwise.
We may give any notices to you in connection with these Terms or the Services by (i) email to the last e-mail address provided by you, or (ii) posting a notice on the website associated with the App and the Services. You agree to provide and maintain accurate and complete contact information that we can use for any communications in connection to these Terms.
We may transfer our rights and obligations under these Terms to another organisation, but this will not affect your rights or our obligations under these Terms.
You may only transfer your rights or your obligations under these Terms to another person if we agree this with you in writing.
If any court or relevant authority decides that any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of the remaining provisions which shall remain in full force and effect.
If we fail to insist that you perform any of your obligations under these Terms or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
These Terms and the provisions referenced herein, constitute the entire agreement between you and Honda pertaining to the subject matter hereof and supersedes all prior or other arrangements, understandings, negotiations and discussions, whether oral or written.
These Terms are between you and us. No other person shall have any rights to enforce any of these Terms.
These Terms are governed by the laws of England. This means that your use of the App, and any dispute or claim arising out of or in connection with the App (including non-contractual disputes or claims), will be governed by the laws of England.
Any dispute between you and Honda regarding these Terms will be subject to the exclusive jurisdiction of the English courts.