My Generator Terms of Service

My Generator Terms of Service

My Generator Terms of Service

Last updated on August 1, 2020

These Terms of Service (this “Agreement”) set out the terms on which Honda Australia Motorcycle and Power Equipment Pty Ltd (ABN 96 006 662 862) (“Honda”, “we”, or “us”) will provide access to and use of certain services available on or through its Honda My Generator mobile application (collectively, the “Service”) to you, a user of the Service (“you” or “User”).

THIS AGREEMENT CREATES A BINDING LEGAL AGREEMENT BETWEEN YOU AND HONDA. PLEASE READ THIS AGREEMENT CAREFULLY. By indicating acceptance of this Agreement or by otherwise using the Service, you are entering into a legally binding agreement with us (and you hereby represent that you are of legal age, and are otherwise fully able and competent, to enter into a binding agreement). If you are using the Service on behalf of an organization, you represent that you have the right to bind such organization to this Agreement, and the terms “User” and “you” will include both you, the individual user, and such organization. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, PLEASE DO NOT USE THE SERVICE.

  1. Nature of the Service.
    1. General. The Service gives you access to interactive features that are intended to enhance your user experience with a Bluetooth-equipped Honda generator (the “Generator”). Not all features are available on all Honda generators. For information about the features available for your Honda generator, please visit: www.hondapowerequipment.com. The current features available through the Service include:
      1. Ability to turn on the Generator (select models);
      2. Ability to turn off the Generator;
      3. Ability to check status of the Generator;
      4. Ability to receive maintenance alerts and warning notifications, including CO-Minder notifications;
      5. Ability to set a password to restrict access to the Service (select models);
      6. Ability to manage multiple Generators; and
      7. Ability to access information about your Generator, including engine hours, maintenance schedule, owner’s manual, and dealer locator.
      8. NOTE: The Service is intended for general informational purposes and should not be relied upon as a technical measurement device or a substitute for information from the Owner’s Manual for your Honda generator. Please refer to the Owner’s Manual for your Honda generator for information about the proper operation and maintenance of your Honda generator.

    2. Equipment Requirements. You understand that proper operation of the Service may require certain equipment and services that Honda does not provide, maintain or operate, but instead are the responsibility of either you and/or third parties. In order to access and use the Service, you must have equipment that meets at least the following minimum requirements (“Equipment Requirements”):
      1. Compatible device as listed in the App Store (iOS) or Google Play (Android) (each, an “Internet-enabled Device”);
      2. Bluetooth®-equipped Internet-enabled Device; and
      3. Bluetooth®-equipped Honda generator.
      4. You further understand that Equipment Requirements may change at any time, without notice, and that further access to the Service may require acceptance of additional agreements or a newer version of this Agreement. For example, the mobile application through which the Service is provided may be made obsolete by a newer version, which may require updating an operating system and/or downloading a new version of the mobile application and accepting a newer version of this Agreement.

    3. Service and System Limitations. The Service is dependent upon Bluetooth® connectivity between the Generator and your Internet-enabled Device. In addition, for Generators equipped with the remote start feature, in order for remote start to function, the Generator must have sufficient battery power and fuel and both the key and fuel valve must be in the ON position.
    4. Password. Depending on the model of Honda generator, the Service may offer you the option to set a password. If you decide to set a password, please be advised that the password is not provided to Honda or any third party and you will need to know the current password in order to change or remove the password. If you decide to set a password, you promise to be fully responsible for the protection of your password. Anyone who has access to your password may be able to access the Service and the Generator. If you forget the password, the only way to reset the password is to take the Generator to your local Honda dealer, which can reset the password at a potential cost to you. Remembering or keeping track of any password created for the Service is your responsibility, and Honda is not responsible for the cost to recover the password. Should you decide not to recover the password and be unable to use the Service, the Generator will operate normally despite a lack of access to the Service.
    5. Changes to the Service and Agreement. We reserve the right, in our sole discretion, to modify the Service at any time, without notice to you. We also from time to time may amend this Agreement prospectively. If we do so, we will change the “last updated” date on this Agreement and post the amended Agreement on the Application (as defined below in Section 1.i) and online at [https://powerequipment.honda.com.au/MyGeneratorTermsOfService].You agree that your continued use of the Service constitutes your agreement to the amended Agreement. If you do not agree to any amended Agreement that we publish, DO NOT USE THE SERVICE. Except as set forth above, this Agreement may be amended or modified only by an express writing signed by Honda.
    6. Term. This Agreement becomes effective immediately when you are granted access to the Service and shall remain in effect (and if amended, as amended) until your use of the Service is terminated in accordance with Section 12 below.
    7. Notifications; Notice; Questions. All notifications or notices required under this Agreement to be provided to Honda and questions or comments that you have about this Agreement or the Service may be sent to [customer.relations@honda.com.au] and are deemed given when Honda receives them. Notifications or notices under this Agreement to Honda require that an additional copy be sent to: Honda [Australia Motorcycles & Power Equipment Pty Ltd, 1954-1956 Sydney Rd, Campbellfield VIC 3061] ATTN: [Contact]. Questions or comments also may be directed to Customer Relations at [1300 559 846].
    8. End User License Agreement for Mobile Application. In order to access the Service, you first had to download or install the Honda My Generator mobile application (the “Application”) on your Internet-enabled Device. Your use of the Application is subject to the terms of the Mobile Application End User License Agreement, which is attached as Exhibit A at the end of this Agreement (the “EULA”). By using the Service, you will be conclusively deemed to have accepted this Agreement and the terms of the EULA. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT OR THE EULA, YOU MUST IMMEDIATELY DELETE AND PURGE THE APPLICATION FROM YOUR INTERNET-ENABLED DEVICE.
  2. Privacy Policy.

    We operate the Service under the Privacy Policy published at [https://powerequipment.honda.com.au/privacypolicy] (the “Privacy Policy”), which is hereby incorporated into this Agreement. Each party shall comply with the Privacy Policy.

  3. Our Ownership Rights.

    The Service (including Our Property, as defined below) is the property of, or is licensed by, Honda or the applicable third party service provider. All the software, algorithms, functionality, inventions, concepts, text, images, sound, music, videos, marks, logos, compilations, content and technology used to deliver the Service or otherwise embodied in, displayed through, or provided directly or indirectly (e.g., emails or other communications from us to you) via, the Service are “Our Property.” Except as otherwise expressly permitted by this Agreement, any use, copying, making derivative works, transmitting, posting, linking, deep linking, framing, redistribution, sale, decompilation, modification, reverse engineering, translation or disassembly of Our Property is prohibited. You acknowledge that Our Property has been created, compiled, developed and maintained by us at great expense of time and money such that misappropriation or unauthorized disclosure or use of Our Property by others for commercial gain would unfairly and irreparably harm us in a manner for which damages would not be an adequate remedy, and you consent to our obtaining injunctive relief to restrain any breach or threatened breach of this Agreement. You may be subject to civil penalties for violation of this paragraph.

    The HONDA name and logos are registered trademarks of Honda Motor Co., Ltd. You may not use the trademarks, or any of our other marks or logos, in any manner, including any use that is likely to cause confusion or that disparages or discredits us, without our consent. The Service may also feature the trademarks, service marks, and logos of third parties, and each owner retains all rights in such marks. Any use of such marks, or any others displayed on the Service, will inure solely to the benefit of their respective owners.

    Subject to the terms and conditions herein, we grant you the non-exclusive, limited, revocable right to access and use Our Property solely to the extent necessary for you to use the Service for your own personal use, as permitted by this Agreement. We reserve all other rights. For clarity and without limiting other obligations herein, Users shall not distribute or otherwise commercialize Our Property.

  4. Use of the Service.

    You must comply with any rules and policies about use of the Service that we publish from time to time. These rules and policies will be available on the Service. Certain features, pages or content within the Service may contain supplemental terms of use to which you must agree in order to use the relevant features, pages or content.

    Subject to the terms and conditions herein, you are permitted to use the Service solely for your own personal use.

    You must not (a) use the Service in any way that would violate any law or the rights of any person; (b) impersonate any person or entity; (c) except as otherwise expressly permitted by this Agreement, harvest or otherwise collect information about others from the Service; (d) take any action that imposes or may impose an unreasonable or disproportionately large load on the Service or its infrastructure, or bypass any measures we may use to prevent or restrict access to any portion of the Service (or other accounts, networks or services connected thereto); (e) use manual or automated software, devices, or other processes to “crawl”, “scrape” or “spider” any of the Service or otherwise to copy, obtain, propagate, distribute or misappropriate any information or other content from the Service, including any of Our Property; (f) distribute or otherwise make available any information or other content obtained through the Service to any third party, except as expressly permitted herein; (g) otherwise interfere in any manner with the use or operation of the Service; or (h) use the Service in the development, directly or indirectly, of any product, software or service that offers any functionality substantially similar to, or competitive with, the Service.

  5. Feedback.

    If you provide to us (directly or indirectly, and by any means) any comments, feedback, suggestions, ideas, or other submissions related to the Service (collectively “Feedback”), the Feedback will be the sole property of Honda. We will be entitled to use, reproduce, disclose, publish, distribute, and otherwise exploit in any manner, all Feedback, without restriction and without compensating you in any way. We are and shall be under no obligation to maintain any Feedback in confidence, or to respond to any Feedback.

  6. Third Party Services.

    The Service may depend upon, interact with or enable access to third parties’ information, other content, services, websites, or hardware, including your Internet-enabled Device, the network provided by your wireless or Internet service provider, your browser, email and SMS programs, dialer and other applications (each, a “Third Party Service”), which may in each case be accompanied by separate terms of use. Use of each Third Party Service may require that you accept additional terms of use. You must comply with the applicable terms of use when using the Third Party Service and the Service. Honda does not endorse, and hereby disclaims all liability or responsibility to you or any other person for, any Third Party Services.

  7. Warranties and Disclaimers

    7.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED ON AN “AS IS” BASIS. YOU ASSUME ALL RESPONSIBILITY FOR SELECTION OF THE SERVICES TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE SERVICES. HONDA AND ITS RELATED BODIES CORPORATE (COLLECTIVELY, THE "HONDA GROUP COMPANIES") DO NOT REPRESENT OR WARRANT THAT THE SERVICES WILL NOT CONTAIN ERRORS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HONDA GROUP COMPANIES DISCLAIM ALL WARRANTIES AND CONSUMER GUARANTEES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OR CONSUMER GUARANTEES OF MERCHANTABILITY, QUALITY, ACCURACY, TITLE, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE SERVICES. THERE IS NO WARRANTY AGAINST INTERFERENCE WITH THE ENJOYMENT OF THE SERVICES OR AGAINST INFRINGEMENT.

    7.2 TO THE EXTENT PERMITTED BY APPLICABLE LAW, WHERE LIABILITY UNDER ANY WARRANTY OR CONSUMER GUARANTEE WHICH CANNOT LEGALLY BE EXCLUDED BUT CAN BE VALIDLY LIMITED, SUCH LIABILITY IS LIMITED TO: (A) IN THE CASE OF GOODS, THE REPLACEMENT OF THE GOODS OR THE SUPPLY OF EQUIVALENT GOODS; THE REPAIR OF THE GOODS; THE PAYMENT OF THE COST OF REPLACING THE GOODS OR OF ACQUIRING EQUIVALENT GOODS; OR THE PAYMENT OF THE COST OF HAVING THE GOODS REPAIRED; AND (B) IN THE CASE OF THE SERVICES, SUPPLYING THE SERVICES AGAIN; OR PAYING THE COST OF HAVING THE SERVICES SUPPLIED AGAIN. NOTHING IN THIS CLAUSE OR TERMS EXCLUDES YOUR REMEDIES UNDER THE AUSTRALIAN CONSUMER LAW IN RESPECT OF “MAJOR FAILURES” (AS DEFINED IN THE AUSTRALIAN CONSUMER LAW).

    7.3 You hereby acknowledge and agree that we may pause or interrupt the Service at any time, and you should expect periodic downtime for updates to the Service. In addition, you understand that changes in third party technology or government regulation may render the Service obsolete and/or unusable. No advice or information, whether oral or written, obtained by you from us, our affiliates, a dealer, or through the Service will create any warranty.

  8. Limitation of liability

    TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL THE HONDA GROUP COMPANIES BE LIABLE FOR ANY PROPERTY DAMAGE, PERSONAL INJURY, OR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF REVENUE, LOSS OF DATA, OR LOSS OF USE), WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE ARISING FROM OR RELATING TO THIS AGREEMENT, THE SERVICE OR OUR PROPERTY, EVEN IF THE HONDA GROUP COMPANIES HAVE BEEN INFORMED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITIONAL, HONDA GROUP COMPANIES SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND OUR REASONABLE CONTROL.

    SUBJECT TO CLAUSE 7.2 AND ANY LAWS THE APPLICATION OF WHICH MAY NOT BE LAWFULLY EXCLUDED, IN NO EVENT SHALL HONDA GROUP COMPANIES’ MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT, THE SERVICE OR OUR PROPERTY, WHETHER BASED ON CONTRACT, STATUTE TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED FIVE DOLLARS ($5.00).

    THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

  9. Indemnity.

    In consideration of Honda providing you access to and use of the Service, to the maximum extent permitted by applicable law, you agree to indemnify Honda, and its affiliates, authorized Honda dealers, third party service providers, agents and licensors, against any and all claims, actions, proceedings, suits, demands, liabilities, losses, damages, costs, expenses and attorneys’ fees (collectively, “Liabilities”) resulting from, arising out of or related to (i) your breach of this Agreement; or (ii) your misuse or unsafe use of the Services (but excluding any Liabilities to the extent caused by our gross negligence or wilful misconduct).

  10. Governing Law; Jurisdiction.

    This Agreement is governed by and construed in accordance with the laws of Victoria, Australia and the parties unconditionally and irrevocably submit to the non-exclusive jurisdiction of the Courts of Victoria and the Commonwealth of Australia.

  11. Limited Third Party Beneficiaries.

    Honda’s affiliates that are controlled by or under common control with Honda are intended third party beneficiaries of Sections 7 and 8 of this Agreement.

  12. Suspension and Termination.

    You may terminate this Agreement at any time by ceasing to use the Service. We reserve the right to suspend access to the Service at any time if we believe you are in breach of this Agreement. We reserve the right to terminate this Agreement or to cease to offer the Service at any time on written notice to you (including by posting on the Application) for any reason or no reason.

    Sections 1-3, 5 and 7-16, any accrued obligations and remedies hereunder, and any other provisions that by their nature should reasonably survive, shall survive the termination or expiration of this Agreement.

  13. Force Majeure.

    In no event will we be liable for any failure to comply with this Agreement to the extent that such failure arises from factors outside our reasonable control. Without limitation of the foregoing, in the absence of our gross negligence or willful misconduct, we will not be liable for any damages arising from the acts of hackers or similar bad actors interfering with the Service.

  14. Compliance with Laws.

    You will comply with all laws and regulations applicable to your activities under or in connection with this Agreement.

  15. Geography.

    We provide the Service for use only by persons located in the Australia. We make no claims that the Service or any of its content is accessible or appropriate outside of Australia. Access to the Service may not be legal by certain persons or in certain countries. If you access the Service from outside Australia, you do so on your own initiative and are responsible for compliance with local laws.

  16. Miscellaneous Provisions.

    Except as otherwise expressly provided herein, this Agreement sets forth the entire agreement between us and you regarding its subject matter, and supersedes all prior promises, agreements or representations, whether written or oral, regarding such subject matter. This Agreement and your rights and obligations hereunder are not assignable, or otherwise transferable or delegable, by you to any third party without our prior written consent in our sole discretion. Any purported assignment, transfer or delegation by you without such consent will be null and void. We may assign or otherwise transfer or delegate this Agreement (including any rights or obligations hereunder), including to any purchaser of our business, from time-to-time in our sole discretion. This Agreement will be binding upon and inure to the benefit of the parties’ successors and permitted assigns. This Agreement may be executed electronically, and your electronic assent or use of the Service shall constitute execution of this Agreement. You agree that the electronic text of this Agreement constitutes a writing and your assent to the terms and conditions hereof constitutes a “signing” for all purposes. No delay or omission by us in exercising any of our rights occurring upon any noncompliance or default by you with respect to any of the terms and conditions of this Agreement will impair any such right or be construed to be a waiver thereof, and a waiver by us of any of the covenants, conditions or agreements to be performed by you will not be construed to be a waiver of any succeeding breach thereof or of any other covenant, condition or agreement herein. No waiver will be binding on us unless made in an express writing signed by us. Except as otherwise expressly provided herein, if any provision of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, then this Agreement will remain in full force and effect and will be reformed to be valid and enforceable while reflecting the intent of the parties to the greatest extent permitted by law. As used herein and unless the intent is expressly otherwise in a specific instance, the terms “include,” “includes” or “including” shall not be limiting and “or” shall not be exclusive. Any section headings herein are for convenience only and do not form a part of, and will not be used in the interpretation of, the substantive provisions of this Agreement.

All rights that are not expressly granted under this Agreement are reserved by Honda.

© 2020 Honda Australia Motorcycles and Power Equipment Pty Ltd.

Honda Australia Motorcycle and Power Equipment Pty Ltd Mobile Application End User License Agreement

This Mobile Application End User License Agreement (this “Agreement”) is a legally binding agreement between you (“you”) and Honda Australia Motorcycle and Power Equipment Pty Ltd (ABN 96 006 662 862) (“Honda”, “we”, or “us”). This Agreement governs your use of each mobile application that you access or use on your mobile device in connection with a Honda product or service (including all related documentation, the “Application”). References in this Agreement to “you” or “your” refer to both you and any organization on whose behalf you act.

IMPORTANT: THIS AGREEMENT CREATES A BINDING LEGAL AGREEMENT BETWEEN YOU AND HONDA . PLEASE READ THIS AGREEMENT CAREFULLY.

By clicking the “Agree” button (or similarly labelled button), or downloading, installing or using the Application, you (a) acknowledge that you have read and understand this Agreement, and (b) accept this Agreement and agree that you are legally bound by its terms. If you do not agree with these terms, you may not download, install or use the Application, and you must immediately delete and permanently purge it from your device (if already downloaded).

Your use of the Application is subject to the below terms of this Agreement.

  1. License.

    Subject to your compliance with all of the terms of this Agreement, Honda hereby grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable right to download, install and use one copy of the Application for the sole purpose of your personal use on any electronic devices you own or control. This Agreement does not provide you with title to or ownership of the Application, but only a limited license to use the Application in accordance with the terms of this Agreement. All rights that are not expressly granted to you in this Agreement are retained by Honda and its licensors.

    The term of this license shall commence upon your earlier download, installation or use of the Application and ends upon the earlier of: (a) you deleting and permanently purging all copies of the Application in your possession from any computer, mobile device or other medium on which you have stored or installed it; (b) your failure to comply with the terms of this Agreement; or (c) Honda terminating this license at any time, with or without notice, in its discretion, including if it ceases to support the Application. In the event this license terminates for any reason, then all rights and licenses granted to you hereunder shall terminate, you shall cease to use the Application, and you shall delete and permanently purge all copies of the Application from any computer, mobile device or other medium on which you have stored or installed it. The representations, warranties, restrictions and terms in Sections 2 through 9 below shall survive termination of this license and Agreement.

  2. Representations and Warranties.

    You represent and warrant to Honda that: (i) you are of legal age, and are otherwise fully able and competent, to enter into a binding agreement; (ii) if you are downloading this Application on behalf of an organization, you represent that you have the right to bind such organization to this Agreement; (iii) when downloading this Application, you have provided, and will continue to provide, information that is correct and current; (iv) your performance under this Agreement and use of the Application will comply with all applicable laws, rules and regulations (including, without limitation, export control, privacy and obscenity laws), domestic or foreign; (v) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (v) that you are not listed on any U.S. Government list of prohibited or restricted parties.

  3. Content and Services; Settings.

    The Application may provide you with access to one or more Honda websites, or products or services accessible thereon, or certain features, functionality or content accessible on or through the Application may be hosted on a Honda website or otherwise subject to the Terms & Conditions and Privacy Policy that govern such Honda website or such products or services (collectively, “Content and Services”). Your access to and use of such Content and Services are governed by any such Terms & Conditions and Privacy Policy. Your access to and use of such Content and Services may require you to acknowledge your acceptance of the applicable Terms & Conditions and Privacy Policy and/or to register with a Honda website or otherwise with Honda, and your failure to do so may restrict you from accessing or using certain of the Application's features, functionality or content. Any violation of any applicable Terms & Conditions will also be deemed a violation of this Agreement.

    By using the Application, you further agree that Honda may change, alter, or modify the settings or configurations on your device used to store or access the Application in order to allow for or optimize your use of the Application.

  4. Restrictions on Use.

    You shall not, and shall not permit any third party, to: (i) modify or create any derivative work of the Application or any part of the Application; (ii) reverse engineer, decompile or disassemble the Application, in whole or in part; (iii) use the Application for commercial gain; (iv) distribute, rent, lease, lend, sell, license, assign, export, import, convey or otherwise grant rights to third parties with regard to the Application or any copies or any part of the Application; (v) make a copy (other than a backup copy) of the Application or any part of the Application (other than as expressly permitted herein); (vi) use or install the Application on a network or for on-line use; (vii) remove, modify or obscure any copyright, trademark, or other proprietary notice, author attributions, legal notices or other labels appearing within the Application;

    (viii) export or transport the Application into any country in violation of any export laws and regulations; or (ix) use the Application to develop or market any product, software or service that is functionally similar to or derivative of the Application, any of the Content and Services, or any other Honda product, software or service.

    The Application may require an Internet connection to access or enable certain features of the Application, authenticate that you have a valid license to the Application, or perform other functions. If the device on which the Application is installed does not have Internet access and the Application does not have the necessary permissions to fully access such Internet access, then the Application or certain features of the Application may not operate or may cease to function properly, either in whole or in part.

    The Application may include digital rights management controls and other technical measures to control access to the Application, prevent unauthorized copies, or otherwise attempt to prevent anyone from exceeding the limited rights and licenses granted under this Agreement. Only an Application subject to a valid license can be used to download updates and access any Content and Services. You may not interfere with such access control measures or attempt to disable or circumvent such security features.

  5. Ownership and Proprietary Rights.

    Honda and its licensors are the sole owners of the Application and of all right, title and interest therein, including, but not limited to, all copyright, trade secret, patent, trademark and other intellectual property rights in and to the Application, and including with respect to the Application code, algorithms, graphics, characters, and audiovisual elements that comprise or are displayed by the Application. The Application is protected by copyright and other intellectual property laws and treaties. The Application is licensed, not sold. You acknowledge and agree that any unauthorized use of the Application is a violation of this Agreement as well as a violation of intellectual property laws, including, without limitation, copyright laws and trademark laws.

  6. Information Collected by Honda.

    You acknowledge that when you download, install or use the Application, Honda may use automatic means (including, for example, cookies and web beacons) to collect information about your device and about your use of the Application. You also may be required to provide certain information about yourself as a condition to downloading, installing or using the Application or certain of its features or functionality, and the Application may provide you with opportunities to share information about yourself with others. All information Honda collects through or in connection with the Application is subject to Honda’s Privacy Policy located at [https://powerequipment.honda.com.au/privacypolicy] (the “Privacy Policy”). By agreeing to the terms of this Agreement (including downloading, installing, using and providing information to or through the Application), you are accepting and agreeing to the Privacy Policy, as it may be modified from time to time in accordance with its terms, including your consent to all actions taken by Honda with respect to your information in compliance with the Privacy Policy.

  7. Disclaimer of Representations and Warranties; Limitation of Liability.

    to the full extent permitted by applicable law (without limiting any warranties OR CONSUMER GUARANTEES which cannot be excluded under the Australian Consumer Law), The Application is provided “as is” and with all faults, and Honda makes no representation or warranty with respect to the performance or function of the Application or with respect to benefits you may attain from use of the Application AND Honda hereby disclaims any and all representations and warranties, express or implied, by operation of law or otherwise, regarding or relating to the Application or any benefits you may attain from use of the Application, including, but not limited to, any warranties of merchantability or fitness for a particular purpose, or of reliability or availability or that the Application will be uninterrupted or error free or that it will be interoperable with any other application or service.

    TO THE EXTENT PERMITTED BY APPLICABLE LAW, WHERE LIABILITY UNDER ANY WARRANTY OR CONSUMER GUARANTEE WHICH CANNOT LEGALLY BE EXCLUDED BUT CAN BE VALIDLY LIMITED, SUCH LIABILITY IS LIMITED TO: (A) IN THE CASE OF GOODS, THE REPLACEMENT OF THE GOODS OR THE SUPPLY OF EQUIVALENT GOODS; THE REPAIR OF THE GOODS; THE PAYMENT OF THE COST OF REPLACING THE GOODS OR OF ACQUIRING EQUIVALENT GOODS; OR THE PAYMENT OF THE COST OF HAVING THE GOODS REPAIRED; AND (B) IN THE CASE OF THE SERVICES, SUPPLYING THE SERVICES AGAIN; OR PAYING THE COST OF HAVING THE SERVICES SUPPLIED AGAIN. NOTHING IN THIS CLAUSE OR TERMS EXCLUDES YOUR REMEDIES UNDER THE AUSTRALIAN CONSUMER LAW IN RESPECT OF “MAJOR FAILURES” (AS DEFINED IN THE AUSTRALIAN CONSUMER LAW).

    To the maximum extent permitted by applicable law, none of Honda, its affiliates or its licensors will be liable for any special, incidental, indirect, consequential, exemplary, or punitive damages resulting from your use, misuse or possession of the Application, including from the malfunction of or inability to use the Application, including, but not limited to, damages to property, computer or mobile device failure, loss of revenue, profits or goodwill, unauthorized access to or alteration of, or loss of or damage to, your transmissions of data or any other matter relating to the information or content contained within or accessed through the Application, personal injury or death, or from any cause of action arising out of or related to this Agreement or the Application, whether resulting from breach of contract, statute, tort or other legal liability whatsoever, even if Honda has been advised of the possibility of such damages. The maximum aggregate liability of Honda (including its affiliates) arising out or relating to this Agreement and your use and possession of the Application shall not exceed five dollars ($5.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

    You should contact Honda concerning any defects or performance issues in the Application using the contact information provided below. Honda will make reasonable efforts to respond to questions relating to the Application, but makes no representation or warranty that it will resolve all questions or that questions will be answered within a given time. Honda shall be under no obligation to provide any other support or maintenance services for the Application. The market or application store from where you downloaded the Application has no responsibility to provide support and maintenance for the Application or its installation, and all requests for any support and maintenance, and any complaints, with respect to the Application should be addressed to Honda by email at [customer.relations@honda.com.au] or by phone at [1300 559 846].

  8. Governing Law; Jurisdiction.

    This Agreement is governed by and construed in accordance with the laws of Victoria, Australia and the parties unconditionally and irrevocably submit to the non-exclusive jurisdiction of the Courts of Victoria.

  9. Miscellaneous.
    1. You may not assign, sublicense, or transfer this Agreement or any of your licenses, rights, or obligations under this Agreement without the written consent of Honda (in its sole discretion). Honda may freely assign this Agreement, in whole or part, including to an affiliate, or to an acquirer of or successor to the Application or Honda’s business or assets related thereto. Any assignment, sublicense, or transfer by you in violation of this subsection shall be void and without force or effect. Subject to the foregoing, this Agreement will bind and inure to the benefit of each party’s permitted successors and assigns.
    2. Honda may from time to time in its sole discretion develop and provide Application updates, which may include new versions, upgrades, bug fixes, patches and other error corrections and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that Honda has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your mobile device settings, when your device is connected to the internet either: (1) the Application will automatically download and install all available Updates; or (2) you may receive notice of or be prompted to download and install available Updates. You shall promptly download and install all Updates and acknowledge and agree that the Application or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the “Application” and be subject to all terms of this Agreement unless they are subject to a different Honda license agreement. Honda reserves the right to discontinue any Content and Services and to discontinue supporting the Application or its network, in whole or in part.
    3. You agree to comply with all applicable international and national laws that may apply to the Application, as well as end-user, end-use and destination restrictions. The information provided in connection with the Application is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Honda to any registration requirement within such jurisdiction or country. This Application is controlled by Honda from its offices within Australia and Honda makes no representation that the Application, or any of the Content and Services, are appropriate or available for use in other locations. Those who choose to access the Application from other locations do so on their own initiative and risk and are responsible for compliance with local laws regarding online conduct and acceptable content, if and to the extent local laws are applicable.
    4. Any delay or failure on the part of Honda to exercise or enforce any rights under this Agreement to which it may be entitled shall not, in any event, be construed as a waiver of the right and privilege to do so at any subsequent time. Any waiver by Honda must be in writing to be enforceable, and then shall not apply to any other time, right or privilege. You irrevocably agree that you waive any and all rights to injunctive or other equitable relief.
    5. This Agreement is the complete and exclusive agreement between you and Honda regarding the Application and your license to the Application and it supersedes and renders null and void any and all prior agreements, understandings, representations, conditions, and other communications between Honda and you with respect thereto. If any provision of this Agreement is held to be void, invalid, unenforceable or illegal, it shall be severed to the minimum extent required for the other provisions to continue in full force and effect, except as otherwise provided herein. The Agreement may be modified from time-to-time by Honda at the same time when the Application receives an Update and your continued use of the Application after such Update means that you have agreed to accept any changes or modifications made by Honda to this Agreement. Otherwise, this Agreement may only be modified by a writing signed by Honda. All section headings contained in this Agreement are for convenience of reference only, do not form a part of this Agreement and are not to be considered in construing or interpreting this Agreement.
    6. This Agreement constitutes a valid and binding agreement between Honda and you, as a user, for the use of the Application. You hereby agree and acknowledge that this Agreement covers all your use of the Application, whether it be from this installation or from any other device or medium where the Application has been installed, by you or by third parties. Furthermore, by installing and continuing to use the Application you agree to be bound by the terms of this Agreement and any new versions hereof.
    7. You agree that Honda’s licensors are third-party beneficiaries of this Agreement, with the right to enforce relevant provisions relating to their intellectual property. Terms Applicable if Accessing the Application Through an Apple Device.
  10. Terms Applicable if Accessing the Application Through an Apple Device.

    If you are accessing or using the Application through an Apple device, the following additional terms are applicable to you and are incorporated into the Agreement by this reference:

    1. To the extent that you are accessing the Application through an Apple device, you acknowledge that this Agreement is entered into between you and Honda, and that Apple, Inc. (“Apple”) is not a party to this Agreement other than as third party beneficiary as contemplated by Section 11(i) of this Agreement below. You acknowledge that Honda, and not Apple, is responsible for providing the Application and content thereof.
    2. The license to the Application granted in Section 1 of this Agreement is further limited to installing and using the Application only on an iPhone or iPad that you own or control and as permitted by the Usage Rules set forth in the Application Store Terms of Service (see http://www.apple.com/legal/itunes/us/terms.html). For purposes of clarity, the license granted to you in Section 1 of this Agreement is non-transferable.
    3. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance or any support services to you with respect to the Application. To the extent that there are any such maintenance or support obligations under applicable law or the terms of this Agreement, Honda is solely responsible.
    4. In the event of any failure of the Application to conform to any applicable warranty (none of which is granted under this Agreement), you may notify Apple, and Apple will refund the purchase price for the Application to you (if any); and that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Application and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty (if any after giving effect to the disclaimers of warranties and limitations of liability in this Agreement) will be Honda’s sole responsibility.
    5. Notwithstanding anything to the contrary herein, and subject to the terms in this Agreement, you acknowledge that, solely as between Apple and Honda, Honda, and not Apple, is responsible for addressing any claims you or any third party may have relating to the Application, or your possession and/or use thereof, including, but not limited, to: (i) product liability claims, (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. This Agreement does not limit Honda’s liability to you beyond what is permitted by applicable law.
    6. You agree that in the event of a third party claim that the Application or your possession and use of the Application infringes on a third party's intellectual property rights, Honda (and not Apple) will be solely responsible for any investigation, defence, settlement and discharge of any such intellectual property infringement claims.
    7. If you have any questions, complaint or claims with respect to the Application they should be directed to Honda by email at [customer.relations@honda.com.au] or by phone at [1300 559 846].
    8. You agree to comply with applicable third party terms of agreement when using the Application.
    9. You acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement, and that, upon your acceptance of the terms of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof.

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