My Mitsubishi Motors Terms and Conditions

For the purposes of this document:

“Application” or “My Mitsubishi Motors App” refers to the software application “My Mitsubishi Motors” provided by MME, giving access to the Services. The Application also includes Content, software, programs, tools (programming, navigation, etc.), databases, operating systems, documentation and all other elements and services that compose it, updates and new versions that can be made to the Application by MME;

“Content” means, without limitation, the structure of the Application, editorial content, drawings, illustrations, images, photographs, graphic charters, trademarks, logos, acronyms, company names, audiovisual works, multimedia works, visual content, audio and sound content, as well as any other content present within the Application and/or the Website;

“Services” refers to the various features and connected car services relating to the Vehicle and provided through the Application;

“Terms and Conditions” means the present terms and conditions;

“User”, “you” or “your” refers to a person that has subscribed to the Services;

“Vehicle” refers to any Mitsubishi vehicle that supports the provision of the Services.

Purpose of the Application

Accessibility to all or part of the Services depends on (i) the Vehicle model, (ii) the type of connectivity within the Vehicle, (iii) valid subscription to the Services and (iv) Vehicle’s first registration.

Your subscription to the Services is subject to having a My Mitsubishi Motors account, to your Vehicle being equipped with connected car functionalities, and to you having agreed to these Terms and Conditions.

Subject to accessibility criteria referred to above, a range of connected Services are available.

The Services include the following:

• Manage your profile data and choose how you want to be contacted;
• Manage the Vehicle information (such as viewing mileage, characteristics and dynamic/static maintenance) as updated with information provided during workshop visits or through synchronisation of the Vehicle to the User account;
• Access and export contracts and commercial documents related to the Vehicle (such as repair orders, invoices, warranty extensions, service contracts, etc.) in different formats;
• Find the Vehicle wherever and be guided to reach it;
• Plan a trip and send the destination to the Vehicle;
• Last mile guidance navigation once the Vehicle is parked
• Remotely activate the Vehicle’s horn or lights to easily locate it in a parking lot,
• This list is not exhaustive and may be amended from time to time without incurring any liability.

Application Download

The Application is accessible on a compatible mobile phone, or tablet.

It can be downloaded free of charge on the User’s Apple iOS and/or Android device from Apple’s Apple Store and Google’s Google Play Store platforms.

User Account

To use the Services, the User must register for and maintain an active personal user account.

When first using My Mitsubishi Motors App the User is required to create an account by means of the registration form.

Once the account created, the User will be required by email to validate their registration.

Access to the Services is made by entering e-mail address and password.

If the account is inactive for an uninterrupted period of three (3) years, the User account is closed.

Requirements for Vehicle connectivity and pairing

Vehicle connectivity

Using the Services and features of the Application requires that your mobile device and Vehicle have the functional capabilities and operational availability of the mobile phone network.

Vehicle pairing

The interconnection between the mobile phone on which the Application has been downloaded and the User’s Vehicle takes place by the prior identification of the

Vehicle in the User’s account.

Several Vehicles can be registered in the same User account.

Optimised access to Services requires: 

• activation of mobile phone’s geotracking; and
• pairing vehicle and mobile phone.

User License

MME grants the User a personal, non-exclusive, revocable, non-transferable, worldwide and free right to use the Application, Content and Services solely for the User’s own purposes.

The User does not acquire any rights in the Application, Content and/or Services other than those expressly granted herein.

User’s Obligations

The User undertakes to:

• download the Application on its equipment exclusively for its personal and non-commercial use;
• not to reproduce, even temporarily and/or partially, the Application and/or the Content, by any means and in any form;
• not to use any software or processes designed to copy the Content;
• not to adapt, modify, translate, transcribe, compile, decompile, assemble, disassemble all or part of the Application and/or Website, Services and/or Content;
• not to attempt to hack or gain unauthorized access to any network, environment, or system of MME or of any of MME’s partners, vendors, or customers;
• not to export the Application and/or the Website and/or merge it with other computer programs;
• inform MME if the User becomes aware of an act of piracy and/or an illegal or non-contractual use of the Application and/or Website and/or its Content;
• use the Application and the Services only in a manner (and for purposes) consistent with good morality and public order;
• promptly install all updates, upgrades, bug fixes, patches, and other corrections relating to the Application and/or the Services;
• refrain from taking any action or omission that may disrupt or compromise the integrity or security of the Application and/or the Services, any partners or vendors of MME, or the privacy of any other person, and avoid causing any damage to MME or its partners, vendors, or customers; and
• not to access or use the Application or the Services for fraudulent, criminal, defamatory, harassing, or tortious purposes, nor to participate in or promote any illegal activity, breach, violate, or infringe intellectual property, privacy, or other rights, or transmit misleading or inaccurate information with the intent to defraud, cause harm, or wrongfully obtain anything of value.

If the User intends to lend the Vehicle to someone for temporary use, the User must notify that individual that the Vehicle is a connected car, and that the User will be able to monitor the Vehicle and the person’s driving behaviour. The User is responsible for ensuring the privacy of any other persons using the Vehicle.

When selling or otherwise transferring ownership of your Vehicle, or in the event of theft or loss, you are required to remove the Vehicle from your My Mitsubishi Motors App. Additionally, if you sell or transfer the Vehicle, you must inform the buyer or transferee about the Vehicle’s connected car status, and that they have the option to subscribe to the Services through their own My Mitsubishi Motors account, as it is not permitted to transfer the Services to the new owner or transferee.

Availability of the Application

MME commits to use best efforts to provide secure access, consultation and use of the Application.

While MME has implemented numerous technical and organizational safeguards to ensure the quality and security of the Application and the Services, we cannot guarantee that:

• the information transmitted by your Vehicle to our back-end systems will always remain entirely private and secure, free from interception or unauthorized access;
• your access to and utilization of the Services and the Application will be continuous and constantly accessible;
• the data provided to you via the Application and the Services is entirely accurate and comprehensive; and
• the Application or the Services will be devoid of errors.

Liability Disclaimer

Access to and use of the Application is at the User’s own risk. To the extent permitted by applicable laws and regulations, MME does not assume any liability for the use of the Application or the Services nor make any warranty, express or implied, with respect to the speed, performance or quality of the Application or the Services. Access to the Application or the Services may be temporarily and periodically suspended for technical reasons; for example, by reason of, but not limited to, technical and other interventions carried out on MME’s systems to ensure the proper functioning of the Services or their improvement (maintenance, software updates of systems, etc.), or malfunctions of telecommunications systems attributable to telephone network operators.

MME will take all reasonable measures to remediate as soons as reasonably possible any interruptions or inaccuracies affecting the Application or the Services.

To the extent permitted under mandatory applicable law, MME hereby disclaims any liability for any indirect or consequential loss or damage, regardless of whether it arises from negligence, breach of contract, or other circumstances, including but not limited to loss of profits, goodwill, data, revenue, turnover, business, reputation, opportunities, business interruptions, or anticipated savings.

In any event, MME will be released from any liability:

• in the event of non-compliance by the User with these Terms and Conditions;
• in the event of a malfunction of the Application and/or the Services due to a cause, voluntary or involuntary, attributable to the User or attributable to a third party or to a malicious act, software, smartphone/tablet, interface or any other product or supply of the User;
• in the event of malfunction and/or failure of the User’s communication network, whatever the cause;
• in case of any direct or indirect damage arising from the use of the Application and/or the Services while driving; and
• in the event the User uses the Application and/or the Services in a manner (or for a purpose) contrary to public policy or morality, or in violation of any of the above restrictions.

Notwithstanding any other provision under the Terms and Conditions, MME does not exempt or restrict its liability for death or personal injury instigated by us (except if related to availability or quality of the emergency services, if emergency assistance or police involvement fails to occur, or if there are delays or errors in the process); for fraud, fraudulent misrepresentation, gross negligence, or willful misconduct perpetrated by MME, our employees, or agents; or for losses or damage that we are unable to restrict or exclude under applicable mandatory law.

Personal data

In the context of the use of the Application or the Services, your personal data is processed under the conditions detailed in MME’s Vehicle Data Protection Notice, accessible here.

Intellectual Property

The Application is protected by intellectual and/or industrial property rights.

The photographs, texts, slogans, drawings, images, animated sequences with or without sound, as well as all works integrated into the Application and the Services, are the property of MME or third parties having authorised MME to use them.

Any reproduction, representation, use or modification, by any means whatsoever and on any medium whatsoever, of all or part of the Application, without having obtained the prior authorisation of MME, is strictly prohibited and constitutes an infringement offence.

The designations My Mitsubishi Motors (name of the Application and the website) and Mitsubishi Motors, the names of the vehicle models offered by Mitsubishi Motors, slogans and logos are, unless otherwise indicated, trademarks registered by Mitsubishi Motors Corporation or third parties having authorised Mitsubishi Motors Corporation to use them.

The reproduction, imitation, use or affixing of these trademarks without the prior authorisation by MME or their respective owners constitutes an infringement offence.

The User may not copy, modify, reproduce, in whole or in part, in any form whatsoever, the information and elements appearing on the Application, nor intervene on the Services, nor act in a manner that infringes the intellectual property rights of MME and third parties who have authorised MME to use them.

Termination

You have the right to terminate your subscription to the Services at any time without any compensation being due. Termination can be accomplished by removing your Vehicle from your My Mitsubishi Motors account. You should be aware that, by unsubscribing, you will no longer be able to use the Services for your Vehicle.

We reserve the right to unilaterally suspend or terminate the entirety or a portion of the Services and/or your subscription to the Services, at our discretion, without any compensation being due, if any of the following occur:

• You violate these Terms and Conditions;
• A force majeure event occurs that significantly affects our ability to provide the Services.
• We, acting in good faith, determine that the suspension or termination is necessary for us to comply with a court decision, or to avoid violating any mandatory laws or regulations;
• We may terminate your subscription to the entirety or a part of the Services at any time if we decide to discontinue all or part of the Services for all the users generally or for all users in one or more countries, by providing you reasonable prior notice.

Right of withdrawal

This clause applies only if you are a consumer.

• Right of withdrawal
  You have the right to withdraw from this contract within fourteen (14) days without giving any reason. The withdrawal period will expire after fourteen (14) days from the day of the conclusion of the contract.
  
  To exercise the right of withdrawal, you must inform us of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or email). You may use the model withdrawal form set out in Annex I to these Terms and Conditions, but it is not obligatory.
  
  To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
• Effects of withdrawal
  If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
  
  If you requested to begin the performance of services during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you have communicated us your withdrawal from this contract, in comparison with the full coverage of the contract.

Governing Law and Jurisdiction

These Terms and Conditions are governed by the laws of the Netherlands (with the exclusion of the United Nations Convention on Contracts for the International Sale of Goods). However, if you are a consumer, any law or regulation that favours you and that is mandatory in the country where you have your habitual residence shall prevail over the laws of the Netherlands.

The courts of Amsterdam (the Netherlands), shall have exclusive jurisdiction over all disputes between you and us in connection with your subscription to the Application and the Services, unless another court is competent under applicable mandatory law.

Alternative Dispute Resolution

The European Commission has established an internet platform for online dispute resolution (“ODR platform”).

If permitted under the laws of your country and if you are a consumer, you have the option to file a complaint through the ODR platform by visiting https://ec.europa.eu/consumers/odr.

We do not participate in any out-of-court complaint and redress mechanism.

Miscellaneous

No waiver

The fact that one of the parties does not invoke a clause of these Terms and Conditions shall not be interpreted as a temporary or definitive waiver of the benefit of the provision in question which will remain in force.

Nullity of a clause

If one or more provisions of these Terms and Conditions are declared invalid, void or unwritten pursuant to applicable regulations, changes or following a final decision of a competent court, the other provisions shall remain in full force and effect.

Force Majeure

Expressly are considered as cases of force majeure, in addition to those usually retained by the applicable national jurisprudence, governmental and legal restrictions and modifications, computer failures and telecommunications blockages, failure of servers and any other case beyond the express control of MME.

Contact and complaints

If you have questions or complaints regarding your subscription to the Application and the Services, you can contact MME via www.mitsubishi-motors-europe.com. We will do our best to respond promptly and in accordance with the law.

Amendments

MME reserves the right to unilaterally amend these Terms and Conditions at any time. Amendments will be effective upon MME’s posting of such updated Terms and Conditions. You can access the latest version of these Terms and Conditions via the Application. If we make any substantial amendments to these Terms and Conditions, we will duly notify you and, if you do not terminate your subscription within thirty (30) calendar days from receiving such notification, you will be deemed to have accepted the amendments and the amended version of the Terms and Conditions will become binding upon you.