February 2025
Date: February 27, 2025
Mitsubishi Motors Europe B.V. (“MME” or “we”) offers those who purchase or lease the Model Year 2025 Outlander (referred to as “you” or the “Primary Subscriber”) the ability to receive Connected Vehicle Services (“Services”) for the Outlander as described in these Outlander 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 MME. If you do not agree to these Terms, do not activate the Services. If you have already activated the Services but no longer agree to these Terms, contact us to turn them off.
You should be aware that MME collects certain data from your vehicle. Depending on the circumstances, including whether or not you have consented to these Terms, activated the Services or purchased or renewed a Subscription, this data may include your odometer value, vehicle error codes and other vehicle-related data, and at times will include Vehicle Geolocation Information (as defined below). This data will be collected, used, disclosed and shared by MME in accordance with these Terms, the Outlander Connected Vehicle Services Privacy Notice (the “Privacy Notice“) and laws, rules and regulations in effect in the country where you purchased your vehicle. MME may also use this data for marketing purposes to offer products and other services to you.
MME will only start collecting this data upon your agreement to these Terms.
If you agree to these Terms and subsequently decide at any time that you do not want us to collect or use any of this data, please cancel the Subscription Service Package (as defined below) or contact us. Unsubscribing will deactivate your vehicle’s telematics-enabling Device (as defined below). Upon deactivation of the Device, you will no longer be able to receive any Services, you will not be able to activate any new Services, and any Subscription Service Package (as defined below) you had subscribed to, whether as a trial or a paid subscription, will immediately terminate.
Activation of Services. You can only receive Services for your vehicle if you agree to these Terms and activate the Services, either on a trial basis or by purchasing the Subscription Services Package. You may agree to these Terms through the Mitsubishi Motors mobile application (“Mobile App”) on your smartphone or other mobile device. 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 authorised to use the Services (“Authorised Users”) and to make changes to your Account. You can update your contact information in the Mobile App. Please read these Terms to understand how you, your Authorised Users, the occupants of your vehicle, and any other persons who may use your vehicle (collectively, “Vehicle Users”) may use the Services.
In order for the services to operate, you understand that your vehicle must have a working electrical system (including adequate battery power, that the Device (as defined below) must be activated and operating normally and must not be damaged from a collision or other event, that vehicle systems required for communications with mobile networks (including SMS and data transmissions) must be working properly and must not be disabled, and that the vehicle and, if applicable, the smartphone or other device you use to access the Mobile App must be in an area where they have access to the mobile networks used by the Services.
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 networks. In order to provide the Services, MME 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”), or contacting us) and from your vehicle using the Device. By agreeing to receive Services, you are consenting on your own behalf and 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 collection of vehicle data described above) as described in these Terms and the Privacy Notice.
Mitsubishi Connected Vehicle Services (the Services) include Remote and Convenient Services, Security Services, and Smart Alerts, which are provided only with a subscription.
The Services described below are offered on a “package” basis (the “Subscription Service Package“). Detailed information about the Services provided in the Subscription Service Package and how each Service operates is included in your vehicle’s manual provided to you by MME (the “Owner’s Manual”).
REMOTE AND CONVENIENCE SERVICES
SECURITY SERVICES
SMART ALERTS
2.1 Purchase of Subscriptions; Trial Subscriptions
The Subscription Service Package is made available as a “Subscription” for a specific length of time of five years (the “Subscription Period”). A Subscription for the Subscription Service Package may be offered by MME 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 agree to these Terms (even if you activate the Trial after such date) and end after the period of time associated with that Subscription Service 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 Authorised User to whom you have given that authority.
Further information about the Subscription Period available for the Subscription Service Package as well as any Trial Periods being offered for the Subscription Service Package is available from your Dealer, through the Mobile App or contacting us.
2.2 Renewal
You can extend the Subscription Period for the Subscription Service Package by purchasing a renewal as described in these Terms (a “Renewal”). MME or its partners will use reasonable efforts to notify you using your Account information on file at least thirty (30) 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.
MME 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”). MME will provide you notice at least thirty (30) days before processing an Automatic Renewal by using your Account information on file. If you select this option and provide a valid card, you agree that MME may extend the Subscription for the Subscription Service Package for the agreed period and charge the card provided unless you cancel the Subscription and/or the Automatic Renewal at any time prior to the renewal date. 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.
2.3 Service Period; Deactivation of Device
When you sign up to receive Subscription Services, MME will provide the Subscription Services included in the Subscription Service Package 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 Subscription Service Package, or are not enrolled in Automatic Renewal, and the Subscription Services are not otherwise terminated or cancelled in accordance with Section 3 (Cancellation and Termination), then MME will stop providing the Subscription Services for the Subscription Service Package at the end of the relevant Subscription, Trial or Renewal Period. To reactivate your Device, you will need to do so in the Mobile App. In certain cases, you may be required to visit a Dealer to reactivate your Device.
2.4 Prices
The price for the Subscription Service Package, including Renewals (the “Subscription Fees”), will be disclosed to you before you purchase any Subscription or Renewal.
2.5 Payment
Purchases of Subscriptions and Renewals can be completed via the Mobile App or by contacting us. 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 MME appears incorrect, you or an Authorised User must contact MME via the Mobile App or in writing at the address shown in Section 15.1 as soon as reasonably possible after 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.
3.1 Cancellation; Refund
You may cancel any Subscription at any time by indicating this in the Mobile App. We will attempt to contact you using your Account information on file to confirm that the request was authorised. If you do not confirm the request or cannot be reached after reasonable effort, MME will cancel the Subscription according to the original request. MME will refund to you a pro-rata amount of any pre-paid Subscription Fee following the cancellation request. If MME discontinues providing any Subscription Services as, 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 itemised charge.
3.2 Termination
In the event that you or any Vehicle User violates these Terms, MME may terminate any Subscription prior to the end of the relevant Subscription Period by giving notice to you. MME will use reasonable efforts to notify you using your Account information on file at least 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 MME (including its other customers or service providers), then MME 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 MME or its service providers. Please see Section 9 for more information about your responsibilities with respect to the Services. If you dispute whether the violation took place, you may contact us.
3.3 Right of Withdrawal
If you are a consumer, 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).
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.
If you withdraw from this contract as a consumer, 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.
3.4 Discontinuation of Connected Services Programme or Certain Services by MME
MME 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 at MME’s sole discretion. MME may also deactivate your Device in connection with the discontinuation of the Services. MME 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 MME discontinues any Subscription Services for which you have pre-paid a Subscription Fee, MME will offer pro-rata refunds as provided in Section 3.1 above. MME, including its affiliates and business partners, will have no liability to you or any Authorised Users for exercising its rights under this Section 3.4 beyond payment of refunds.
3.5 Changes in Services
We reserve the right, at any time, to discontinue or remove one or more of the Services referred to in Section 1, to modify their availability, functionalities, features, scope and/or specifications, to replace them by different or equivalent services or to add any different or new service, temporarily or permanently (for example, for maintenance, upgrade, improvement, etc.) without any prior notice. We may inform you of any such change by email and/or via the Mobile App. You will not be entitled to any compensation (monetary or other) with respect to any such change.
If any such change is substantial, we will notify it to you through the Mobile App or by email. You will be deemed to have accepted such change if, within thirty (30) calendar days from the date of the notification, you have not terminated the Services in accordance with Section 3.2.
Services are provided to you and your designated Authorised 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, MME will stop providing the Services when notified of the sale, lease, transfer or surrender and deactivate the Device to stop the transmission of any Default Vehicle Data. A “Subsequent Owner” (including any lessor or other transferee) of the vehicle may purchase Services through the Mobile App or by contacting us. Any Subscription to a Package purchased by a Subsequent Owner will be subject to the then-current version of these Terms.
If you sell, lease, transfer or surrender your vehicle, it is your responsibility to promptly notify MME 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 these Terms, of which Services they may receive if they decide to reactivate the Device and receive the Services, and of the collection of data described in these Terms and the Privacy Notice. You are solely responsible and liable for any use of the Services or any access of your data for your vehicle under your Account by the Subsequent Owner or any other user, and for any Automatic Renewal, until you notify MME of the sale, lease, transfer or surrender. You may cancel any Subscription as provided in Section 3.1.
If you sell, lease, transfer or surrender your vehicle, we will continue to collect Collected Data (as defined below) until we are notified of the sale, lease, transfer or surrender and until such time such Personal Data will be attributed to you.
Warning: In order for any Services to operate, your vehicle must have a working electrical system (including adequate battery power, the Device (as defined below) must be activated and operating normally and must not be damaged from a collision or other event, the vehicle systems required for communications with cellular networks must be working properly and must not be disabled, and the vehicle and, if applicable, the smartphone or other device you use to access the Mobile App must be in an area where they have access to the mobile networks used by the Services.
5.1 Security Services: Theft Alarm Notification
If you subscribe to the Alarm Notification Service (only available if you purchase a vehicle with the Theft Alarm option) in the Subscription Service Package, you will be notified using all of the notification methods you have selected (e.g., via text, notification through your Mobile App and email) of any activation of your vehicle’s alarm notification system. 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. Even after the audible alarm ceases, 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 MME is not responsible for any failure to trigger a notification or for any false notifications.
5.2 Remote and Convenience 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 contacting us, depending on the feature. 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 9.1 for information about other factors that can affect your vehicle’s ability to use Remote Services and Section 9.8 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. In the absence of any fault on the part of MME, MME is not responsible for any loss or injury due to the failure of the Remote Door Lock/Unlock feature to function.
The Primary Subscriber (but not other Authorised Users) has the ability to put a vehicle into Privacy Mode using the Mobile App. The vehicle will remain in Privacy Mode until the Primary Subscriber takes it out of Privacy Mode. While the vehicle is in Privacy Mode, the Device will not send the location of the vehicle to the Services Platform when the vehicle is turned on or off, and the location will not be available to us, even if any Authorised User asks or tries to use the “Car Finder” or Stolen Vehicle service to locate the vehicle. In addition, you may still use the Geofence function as described in the Owner’s Manual while your vehicle is in Privacy Mode.
6.1 Privacy Notice
In the context of the use of the Services or Mobile App, your Personal Data is processed under the conditions detailed in MME’s Connected Vehicle Services Outlander Privacy Notice accessible [here].
7.1 Consent to Use of Mobile Communication
The Services are provided using wireless mobile 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.
7.2 Consent to Being Contacted
In order to provide the Services, MME and its service providers may contact you in the vehicle (such as by voice call), by email, SMS/Text or telephone to your Account information on file, or by the Mobile App through notifications to your mobile device. By providing this information to MME and by using the Mobile App, 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 mobile or internet service providers.
8.1 Geographic Limitations
You understand that the Services are designed and only intended to operate only in those countries listed on our website at https://www.mitsubishi-motors-europe.com/network/ from time to time (“Connected Services Countries“). If you take your vehicle outside the Connected Services Countries, your Services (including your Device and/or your Mobile App) and/or your mobile 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. MME is not responsible for any additional fees you may incur from third parties, such as your mobile service provider, due to your use of the Services outside of the Connected Services Countries. In addition, you understand and agree that any personal information you provide may be transferred to and processed in the European Union or other countries outside the European Union and handled in accordance with the Privacy Notice. Do not use the Services if you do not want your information transferred or processed in this manner. Please see our Privacy Notice for more information on the extent to which your personal information may be transferred to countries outside the European Economic Area.
8.2 No Outbound Calling
You understand that you cannot place voice calls from your vehicle (other than under mandatory eCall) or use your vehicle to receive calls from anyone other than PSAP. The mobile telephone number associated with your vehicle is not published in any directory and is known only to MME 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.
8.3 Limitations of GPS and Mobile Systems
The Services operate using the Global Positioning System (“GPS”), which uses satellite signals to estimate the location of your vehicle and uses mobile wireless network services to transmit that information to the Service Platform. A number of factors can interfere with the availability or accuracy of GPS and mobile services, including topography, distance from mobile towers, congestion of the mobile network, weather conditions, or land features that block access to satellite or mobile tower signals, such as tunnels, hilly areas, below-grade roads or dense buildings or forest. MME CANNOT GUARANTEE THAT SERVICES WILL WORK EVERYWHERE, PARTICULARLY IN REMOTE OR ENCLOSED AREAS, OR IN ALL VEHICLES AT ALL TIMES.
8.4 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.
8.5 Changes in Technology
The operators of the GPS services and mobile 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 mobile 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 mobile 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 3.1.
8.6 Other Factors Outside MME 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, mobile service or GPS service failure, failures of third parties not under our control, acts of war, government actions, terrorism, civil disturbances, labour shortages or difficulties (regardless of cause), weather events, or equipment failures including internet, computer, telecommunication or other equipment or technology failures.
8.7 Accuracy of Results
MME 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.
9.1 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 about what maintenance is required for this purpose and provide it to you. 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 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 to carry out any Remote Services.
9.2 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 authorised. You have the responsibility to train your Vehicle Users in the proper use of the Services. Neither we nor our service provider partners, have an obligation to enquire about the authority of anyone using your vehicle or accessing Services through your Account. Specifically, you agree when you use the Services:
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.
9.3 Notification to Vehicle 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 Vehicle Geolocation Information) 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, Geofence 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 Notice, 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 authorised by you.
9.5 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.
9.6 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 us. You agree that MME 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 3.1 and of a pending Automatic Renewal per Section 2.2, and that MME 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 mobile 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 co-operate with us in the correction of any device security issues or resetting of any access credentials. You further agree that MME may, in our sole discretion, treat any person who presents your credentials that we deem sufficient for Account access as you or an Authorised User on your Account for disclosure of information or changes in Service.
9.7 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 mobile service in order to access Services through your smartphone or computer.
9.8 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 use 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.
9.9 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 country or jurisdiction 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.
9.10 Consent to Transfer Information
The Services are operated from computer resources located within the European Union. If you are located outside the European Union, 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 European Union. 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 the European Union.
10.1 Security of Mobile Communications
The Services depend on mobile 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 mobile 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 provided that we have taken reasonable precautions.
10.2 System Security
If you believe that any person is attempting to send commands to your vehicle using a device that you have not authorised, or has accessed any of your personal data or your vehicle data improperly, please contact us 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.
10.3 Reports to You of Security Issues
If we believe that any unauthorised person has the ability to send unauthorised 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.
11.1 Scope of Warranty for Device and 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. While MME will carry out the Services with reasonable skill and care, MME does not, however, make any warranty: (a) as to the performance of third parties; (b) that the Services will meet your needs; (c) that the Services will operate without interruption; or (d) that the Services will be error-free.
11.2 Limitation of Our Liability
You agree that you have waived, and that we will have no liability for, any loss or damage that is not a reasonable foreseeable result of any breach by us. We will not have any liability for direct or other damages arising from your misuse of the Services, and in particular any breach of Section 9.2, 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 damages arising out of any cause of action in relation to these Terms will not exceed the amount paid by you to MME 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. These limitations will not apply to damages for death or personal injury or damages caused by our negligence.
11.3 No Right of Action Against Third Party Service Providers
We contract with third-party service providers in order to provide the Services to you, including mobile providers, the operator of the Service Platform, the manufacturer of the Device, the developer of the Mobile App and others. However, your contract is with MME and you do not have a right to bring legal actions against the third-party service providers for breach of contract or warranty. You may have rights to bring actions against the third party service providers if you believe that their negligence or misconduct has harmed you. The warranty disclaimers, limitations of liability and other protections of these Terms extend to these third parties as well.
11.4 Modification of Terms
If any amendments to these Terms are required it is preferable that they be confirmed in writing. All Services provided to you by us are subject to these Terms together with any previous written or oral representation given or made by us or any of our representatives.
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, MME 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 use of the Services, or (b) attempt to reverse-engineer any of our technology to derive our trade secrets or source code, except as expressly authorised by us.
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.
These Terms 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 Mobile App and the Services, unless another court is competent under applicable mandatory law.
15.1 How to contact us
If you have questions or complaints regarding your subscription to the Application and the Services, you can contact connected.car.services@mitsubishi-motors-euro.com or consult the contact details via the Mobile App.
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.
15.2 Severance and No Waiver
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.
15.3 Updates to Terms
MME reserves the right to modify, amend, restate or replace any part of these Terms at any time except that MME will use reasonable endeavours to make sure that those changes do not result in changes that are unexpected to and unforeseeable by you. If MME makes any changes, we will notify you of such changes and their effective date via the contact information you have provided in the Mobile App. 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 Subscription Services Package and/or to request that your Device be deactivated 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 (including the Privacy Notice) and agree to be bound by these Terms, whether or not you have read them. You represent that you are authorised to access and use the Services. You agree that you are at least 18 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 unauthorised.
You are required to carefully read these Terms and Conditions before subscribing to the My Mitsubishi Motors App and the related connected car services. By subscribing to the My Mitsubishi Motors App and the related connected car services you conclude a contract with MME for the use of the My Mitsubishi Motors App and the related connected car services. This contract will be governed by the present 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.
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:
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.
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.
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:
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.
The User undertakes to:
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.
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:
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:
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.
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.
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.
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:
This clause applies only if you are a consumer.
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.
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.
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.
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.
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