Disclaimer

The material on this web site is provided for information purposes only. In the construction of this site every effort has been made to provide the most up to date information possible. The illustrations and information referred to on this site were correct at the time of publication. Delays may occur before particular information in this web site is updated.

Mazda Australia Pty Limited, its directors, officers, employees and agents provide no warranty and make no representation, express or implied, as to the reliability, completeness or accuracy of the information, nor accept any liability arising in relation to the content of this information contained in this web site. Always consult your Mazda dealer for the latest information on our vehicles. Products described in this site or offers made are only available to Australian residents.

Information provided to Mazda Australia Pty Limited by use of electronic responses from this site will be treated in absolute confidence.

 

 

Social Media Content Use Terms and Conditions

1. By permitting Mazda Australia Pty Ltd (“Mazda”) to use particular Content (by affirmatively answering a request from us or on our behalf on social media or otherwise indicating your agreement for Mazda to use your Content), you agree to be bound by these Terms. Please read and ensure you are in agreement before proceeding.

2. In these Terms “Content” refers to the photo [and/or video, including any sound] and accompanying text posted through your account on social media, accompanying metadata such as time and place of creation, your username, and links to your social media profile.

3. You grant Mazda a right to use and display the Content, in any media, worldwide, for any lawful commercial purpose, in original or edited form, including: on Mazda’s social media accounts, websites, blogs, digital displays, advertising, and generally in the promotion of Mazda’s products or services. Such rights also extend to Mazda’s subsidiaries, affiliates, agents, employees, representatives, assigns, licensees, and anyone else acting on behalf of Mazda.

4. The rights that you grant to Mazda to use your Content are perpetual and irrevocable and you may not cancel or withdraw your permission for Mazda to use your Content. However, this does not affect your or any other person’s rights in relation to personal data as referred to below.

5. The rights you grant to Mazda are non-exclusive and (subject to Mazda’s rights) you retain all rights to use the Content for your own purposes. Mazda will not pay any royalties or compensation to you or any third party for use of the Content. Use is at Mazda’s discretion and Mazda is not obliged to use your Content in any particular way or at all.

6. You agree that you do not have any right to review, approve, or object to Mazda’s use of your Content or advertising copy, or to be identified as the author/creator of the Content.

7. Mazda respects applicable laws and the rights of others and wishes to avoid using any content that does not. By agreeing to these Terms you represent and warrant to Mazda that:

(a) the Content is your original work and you own it and all intellectual property rights in it and have all necessary rights to grant Mazda the rights set out in these Terms (including in relation to copyrights, trademarks, private or public buildings, performances, sounds, and music) or, if you are not the owner of such rights, you have already obtained permission from the owner of such rights, and will inform us if this is incorrect or such permission is withdrawn at any time;
(b) Mazda’s use of your Content as provided herein will not infringe the intellectual property, privacy, image, performance, or publicity rights, or any other rights of any third party, require the payment of any compensation to any third party, or breach any applicable laws;
(c) nothing in your Content will be illegal, defamatory, obscene, or threatening to any third party; and
(d) you are over 18 years of age and have the right to agree to these Terms.

8. You will hold Mazda harmless and indemnify Mazda against any actions, loss and damage arising out of any claims by third parties in connection with the Content, including for breach of intellectual property, data protection, privacy, image, performance, or publicity rights.

9. The Content may contain information about you or identifiable individuals which constitutes personal data under applicable laws.

10. By agreeing to these Terms you give your consent to the processing of such personal data by Mazda for the purposes set out in these Terms.

11. Where any personal data relating to any other person appears in the Content you warrant that you also have obtained their consent for processing of such personal data.

12. Mazda will process personal data included in the Content or otherwise provided to us in connection with our use of the Content in accordance with all applicable data protection laws and our privacy policy available here.

13. Mazda is the controller of your personal data and individuals can obtain further information or exercise any of their legal rights by contacting Mazda’s Privacy Officer at: privacy@mazda.com.au or Private Bag 323, Mount Waverley BC, Victoria 3149. Mazda also engages data providers or service providers to assist with the processing of personal data, including Qubeeo Limited, located in the UK, who provides content curation, hosting, showcasing, and analytics services.

 

 

Mazda Connected Vehicle Terms and Conditions

These Mazda Connected Vehicle Terms and Conditions (“Terms”) are a legally binding agreement between you, a user of a Connected Vehicle and MyMazda App (both defined below), and Mazda Australia Pty Ltd (“us”, “our”, or “we”). These Terms incorporate other terms, policies, guidelines and processes to which these Terms refer to or that we communicate to you from time to time. Capitalised terms are defined in these Terms.

If you do not agree with any of these Terms, then you should decline these Terms during our sign-up process or other methods we make available to you.

You are required to notify us of any sale or transfer of your Connected Vehicle. This is important to help protect your account and your information, and that of the new owner. If you do not notify us of a sale or transfer of your Connected Vehicle, we may continue to send reports or other information about the vehicle or account to the Primary User’s contact information currently on file with us, and the previous owner may be able to continue to use the services in respect of the Connected Vehicle. SUCH CONTINUED USE OF THE SERVICES BY THE PREVIOUS OWNER IS STRICTLY PROHIBITED. In such case, we are not responsible for any privacy related damages or claims you or anyone else may suffer. If you sell or transfer your Connected Vehicle, you must cease using any Services in respect of such vehicle. If a new owner opens an account in respect of a Connected Vehicle, any prior accounts in respect of such Connected Vehicle may be terminated.

1. Scope of these Terms

When you accept these Terms during our sign-up process or when you access or use the Services, you are indicating that you have accessed, read, understand and agree to be bound by these Terms.

These Terms are applicable to our collection of data generated by your Mazda vehicle equipped with a factory-installed telematics system (“Connected Vehicle”), which data is remotely transmitted to us for certain business purposes, and for us to provide you with available connected services (collectively, “Services”), as described in more detail in our Connected Vehicle Collection Notice and our Privacy Policy, which you agree to when you use the Services. 

Please note that these Terms are specific to our Services, and do not apply to: (i) our websites, applications, and other online services that we provide (“Online Services”); (ii) any third-party websites or applications that we do not own, operate, or control; or (iii) features available through your Connected Vehicle’s Mazda Connect infotainment system.  For information regarding our Online Services, please review the applicable Online Services Terms and Conditions and Privacy Policy.  For details regarding Mazda Connect, please refer to your Owner’s Manual.

2. Service Details

The Services are described on our website at: https://mazda.com.au/owners/connected-services/ (“Website”), which describes the currently available Services in more detail, including instructions for setup and operation, and any further terms, privacy statements, pricing, conditions, and limitations.

As set out in clause 17 of these Terms, we may add, change, or remove or terminate Services, or any portion of the Services, from time to time, as described on our Website or other notices we make available to you.

We reserve the right to charge for Services we currently offer without charge. Some Services that may be available to you include: (i) Services that may be offered to you at no additional fee for a defined period of time; or (ii) Services offered for an additional fee, such as a recurring fee or one-time payment.

3. Accessing the Services

You can only access and use the Services if you own or lease a Connected Vehicle, have an active account in our MyMazda mobile application (“MyMazda App”), and you accept these Terms.  These Terms can only be accepted by you in your MyMazda account in the MyMazda App (“MyMazda Account”).

You are not permitted to access or use any of the Services if you do not agree to be bound by these Terms.  To access or use the Services, you must also be of legal driving age.    

4. Types of Users:

a. Primary User: As the owner or lessee of a Connected Vehicle, you will become the primary user of the Services for your Connected Vehicle when you accept these Terms (“Primary User”). There may be only one Primary User per Connected Vehicle/vehicle identification number.

As Primary User, if you let someone else use one of our Services (“Secondary Users”), you must inform them of these Terms, our Privacy Policy and of the privacy choices that you have made. Please note that both Primary Users and Secondary Users have access to information within the MyMazda App and relating to the Connected Vehicle.

b. Secondary User(s): As the Primary User of your Connected Vehicle’s Services, you can designate one or more additional Secondary Users, who will also have access to the Services, provided each Secondary User has an active MyMazda Account and accepts these Terms. It is your responsibility to ensure that any Secondary User you designate is of legal driving age.  The Primary User may discontinue any Secondary User’s access to the Services at any time and we will not liable for any discontinuation of access to a Secondary User in this instance.  Information on how a Primary User may designate Secondary Users is available on our Website.

5. Complimentary Period of the Services

The Services are currently offered on new Connected Vehicles on an initial complimentary basis.  The complimentary period of the Services will begin on the original purchase or lease date, or the in-service date of the Connected Vehicle, whichever is earlier (“Complimentary Period Start Date”), and will end the earlier of 3 years after the Complimentary Period Start Date or when terminated by you or us in accordance with these Terms (“Complimentary Period”). If the Connected Vehicle is sold or transferred during the Complimentary Period, the new owner or lessee may be able to subscribe to the Services and receive the benefit of any remaining time in the Complimentary Period, if applicable.  You cannot transfer your Complimentary Period of the Services to another vehicle or Connected Vehicle. Throughout the Complimentary Period, we reserve the right to cease to offer the Services on a complimentary basis, and to offer Services on a paid basis at any time in our sole and absolute discretion.  At the conclusion of the Complimentary Period, you may continue to subscribe for the Services on a paid basis, on such terms offered to you by us.

6. Cancellation of the Services

a. Your Cancellation Rights: You can cancel your subscription to the Services at any time, with or without cause, during either the Complimentary Period or otherwise (if applicable), by logging-into your MyMazda Account and canceling your Services subscription. The cancellation effective date is the date you cancel your subscription in the MyMazda App, and, upon such cancelation, we have the right to immediately turn off access to the Services for you and all of your designated Secondary Users (if applicable). It is your responsibility to cancel the Services prior to selling, transferring, or terminating the lease on your Connected Vehicle.  We reserve the right to immediately cancel your Services once we are notified of the sale or lease termination of your Connected Vehicle by you, a dealer, or new owner/lessee.

Note that cancellation of your subscription to the Services does not cancel the collection of information from the telematics control unit (“TCU”). You can contact us to deactivate your TCU; please see the ‘Contact Us’ section below for our contact information.

b. Our Cancellation Rights: Subject to your rights under the Australian Consumer Law, we reserve the right to:

i. in the event of any emergency;

ii. where reasonably required for safety and integrity of the network relating to the Services; or

iii. in the event that you breach these Terms, interfere with our connectivity efforts or if you use the Services for any unlawful or improper purpose, change, suspend, remove, terminate or disable access to any Services at any time without notice.  In no event will we be liable for any such change, suspension, termination or disabling of access to any such Services.

7. Data Collection

By having access to the Services, your Connected Vehicle will transmit certain data to us on an ongoing basis. This transmission is required to receive the Services, and we will automatically terminate your Services if you disable our ability to collect such data from your Connected Vehicle. 

Telecommunications related data is generated or otherwise collected in the course of providing the Services. This data includes data relating to service numbers and identifiers, SIM status, and device usage information (such as SIM and device identifiers, data/voice/SMS consumption and destination records, APN and time/date stamps) (Telco Data). By using the Services, you consent to the collection, use and disclosure of this Telco Data by the service providers located in Australia and overseas* that supply and support the telecommunication services enabling the Services.

If your vehicle has an enabled Services functionality, you must inform passengers and drivers of your connected vehicle that vehicle data (including Telco Data) is collected and used by Mazda and its service providers for the Services.

*Some of these contractors, service providers and agents are located overseas, including in Singapore, Japan, United States of America, United Kingdom and Sweden, and as a result your personal information and/or Telco Data may be disclosed overseas.

For further details on what information and data we collect from you and your Connected Vehicle related to the Services and how we use it, please review our Connected Services Collection Notice.

8. How the Services Work, Restrictions and Limitations

a. How Connectivity Works. Your Connected Vehicle includes a TCU that receives Global Position System (“GPS”) signals and wireless network signals to communicate with our network and response centres.

b. Coverage Limitations. The physical location of your Connected Vehicle, particularly in remote or enclosed areas (e.g., tunnels, mountain ranges, hills, buildings, underground parking) may affect the availability of the Services. The Services may not be available in geographic areas not covered by our Wireless Service Provider (“WSP”).

c. Cross-Border Service Availability. The Services will not be available in Connected Vehicles sold by us outside of Australia (the “Territory”). The Services may be limited or not work if the Connected Vehicle is physically located outside of the Territory or leaves the Territory.

d. Service Limitations. Your Connected Vehicle does not have the ability to receive or place calls. Your Connected Vehicle must have a working electrical system, including adequate battery power, for the Services to operate. The Services may not work if: (i) the hardware or software in your Connected Vehicle’s system or MyMazda App has been modified or tampered with, or if other devices are plugged into the Connected Vehicle’s electrical system or diagnostic port; (ii) your Connected Vehicle is not compliant with government regulations and law; (iii) your Connected Vehicle is damaged in a way that restricts services, wireless communication, or GPS signals; or (iv) digital cellular telephone signals are terminated or restricted, or are not available either due to your location, or service provider outage. The Services may fail, or be delayed, due to acts of nature, or forces, or causes beyond our reasonable control, including, but not limited to, weather conditions and the results thereof, public utility failure, acts of war, government actions, terrorism, civil disturbances, wireless network congestion, or system failures including internet, computer, telecommunications, or other system failures.

e. Third Party Service Providers and Beneficiaries. In providing the Services, we contract with different third-party companies to provide you with connectivity, including, but not limited to, a WSP and a Telematics Service Provider (“Third-Party Service Provider(s)”). We will use reasonable efforts to contact the appropriate Third-Party Service Provider(s) as needed to provide you with requested assistance related to the Services, but we cannot promise prompt responses from the Third-Party Service Provider(s).

f. You expressly understand and agree that you have no contractual relationship whatsoever with our parent company or affiliates (collectively, “Mazda Group”) or the Third-Party Service Provider(s) and that you are not a third-party beneficiary (“Beneficiary”) of any agreement between us and the Mazda Group and the Third-Party Service Provider(s). In addition, to the fullest extent permitted by the applicable law, you expressly understand and agree that neither the Mazda Group nor the Third-Party Service Provider(s) will have any legal, equitable, or other liability of any kind to you, and you cannot make any claims or demands on these parties.

9. Your Duties and Responsibilities

It is your responsibility to ensure your Connected Vehicle and the Services are working properly. You are solely responsible for any use of your Connected Vehicle and the Services, including any use under your MyMazda Account, even if you are not the one using the Connected Vehicle or the Services, and even if you later claim the use was not authorised (to the extent we have not caused the unauthorised access). You are also solely responsible for the Services requested by you, or by anyone using your Connected Vehicle. Neither we nor any Third-Party Service Provider has any obligation to inquire about the authority of anyone using your Connected Vehicle. Neither we nor any Third-Party Service Provider has any obligation to inquire about the authority of anyone using your personal information that can be used to identify your MyMazda Account to request Services for your Connected Vehicle. If you or a driver of your Connected Vehicle uses the Services or systems in the Connected Vehicle to commit a crime or for another improper purpose, then to the extent permitted by law, you will be solely responsible for any damages owed or losses experienced by us as a result of such use. You are entirely responsible for any transaction with anyone in connection with your use of the Services, and any use that you make of any information received from or through the Services.

When you use the Services, you promise:

a. not to use the Services for any fraudulent, unlawful, or abusive purpose, or in any way that interferes with our provision of the Services to our other customers;

b. not to abuse or do anything to damage our business operations, services, reputation, employees, facilities, including in respect of our Third-Party Service Providers;

c. not to use any content you receive through the Services except as expressly authorised by us;

d. not to resell, copy, store, reproduce, distribute, modify, display, publish, perform, transmit, broadcast, or create derivative works from any content you receive through the Services; and

e. not to use any content you receive through the Services for commercial purposes.

If you, any of your designated Secondary Users, or any other person who uses your Connected Vehicle, do/does any of these things, you agree you will be solely responsible for any payment of any amount of any third-party claim owed by us or our Third-Party Service Providers, plus any expenses, or losses, resulting in whole or in part, from such actions taken by you or your Secondary Users or such other person.

10. Vehicle Insurance

You are responsible for maintaining all legally required and appropriate vehicle insurance on your Connected Vehicle. The Services are not an insurance product and do not provide you with liability insurance for your Connected Vehicle.

11. Passengers and Drivers of Your Connected Vehicle

You are responsible to inform any passengers or other drivers of your Connected Vehicle that the Services collect, use and share certain information as described in these Terms and the Connected Services Collection Notice.

12. Sales or Transfer of Your Connected Vehicle

You are required to notify us of any sale or transfer of your Connected Vehicle. This is important to help protect your MyMazda Account and your information, and that of the new owner. If you do not notify us of a sale or transfer of your Connected Vehicle, we may continue to send reports or other information about the vehicle or account to the Primary User’s contact information currently on file with us, and the previous owner may be able to continue to use the Services in respect of the Connected Vehicle. SUCH CONTINUED USE OF THE SERVICES BY THE PREVIOUS OWNER IS STRICTLY PROHIBITED. In such case, we are not responsible for any privacy related damages or claims you or anyone else may suffer. If you sell or transfer your Connected Vehicle, you must cease using any Services in respect of such vehicle. If a new owner opens an account in respect of a Connected Vehicle, any prior accounts in respect of such Connected Vehicle may be terminated.

13. No Warranties or Conditions

Your Connected Vehicle may have a limited warranty that includes your TCU. However, to the fullest extent permitted by the applicable law, neither we, nor the Mazda Group, and/or any Third-Party Service Provider makes any warranties, conditions or guarantees, express or implied, to you about the TCU or the Services (including the content or other information delivered to you as part of the Services), or the wireless service used in connection with your Services (“Wireless Service”), including any warranty of merchantability or fitness for a particular purpose.

All data and information is provided to you on an “as-is” basis. This means we make no warranties in connection with the content, quality, accuracy, timeliness, completeness, correctness, reliability, merchantability, or fitness for a particular purpose. All warranties with respect to the Services, the Wireless Service, or any system used or provided by a Third-Party Service Provider are expressly disclaimed and excluded by these Terms.

This clause 13 survives termination of these Terms.

14. Limitations of Liability, Liquidated Damages, Indemnity

If we, any of our Mazda Group, or any Third Party Service Provider or beneficiary are found liable to you for any reason, you agree that the aggregate liability is limited to the following remedies:

a. in the case of goods, the replacement of the goods or supply of equivalent goods, the repair of the goods, the payment of the costs of replacing the goods or of acquiring equivalent goods or the payment of the costs of having the goods repaired; and

b. in the case of services, the supply of the services again or the payment of the cost of having the services supplied again.

By agreeing to these Terms, you understand and agree that you are waiving important rights. You agree not to make, and waive to the fullest extent allowed by law, any claim for damages other than direct, compensatory damages as limited above. Neither we, any of the Mazda Group, nor any of our Third-Party Service Providers, are liable to you for dropped calls, interrupted service, or for problems caused by or contributed to by you, by any third-party, by buildings, hills, tunnels, network congestion, atmospheric conditions, by over the air updates, or by any act of god or natural disaster, or other things we, the Mazda Group, and our Third-Party Service Providers do not control.

For yourself and for anyone else claiming under you, you agree to release and discharge us, the Mazda Group, and all Third Party Service Providers and third party beneficiaries (“Released Parties”), and each of the Released Party’s parents, affiliates and subsidiaries, and the respective officers, directors and employees of each, from all claims, liabilities and losses in connection with your Connected Vehicle and the Services, including, but not limited to, claims for personal injury or property damage arising from the total or partial failure of performance of the Connected Vehicle or the Services, however occasioned. You agree to indemnify the Released Parties, our Mazda Family of Companies, and our Third Party Service Providers and each third party beneficiary against all such claims, liabilities and losses by third parties. You further agree that this release extends to any party claiming under you and that no insurance company will have any right of subrogation.

You agree that the limitations of liability and indemnities in these Terms will survive even after these Terms have ended. This clause 14 applies not only to you, but to anyone using your Connected Vehicle, to anyone making a claim on your behalf, and to any claims made by your family, persons you allow to drive the Connected Vehicle, or others arising out of or relating to your or their use of the Connected Vehicle or the Services.

15. How will we resolve disputes between us?

This clause 15 applies to the fullest extent permitted by the applicable law, and does not limit your rights under the Australian Consumer Law, if such section is otherwise applicable.

We expect that our Customer Support Department will be able to resolve most issues you may have using the Services. In the unlikely event that an issue remains unresolved, we prefer to specify now what each of us should expect in order to avoid any confusion later. Accordingly, in the event of any issue or dispute arising from these Terms, you agree to adhere to the following process:

a. In an attempt to find the quickest and most efficient resolution of our issues, you agree to first discuss with us any issue informally for at least 30 days (“Resolution Period”). To do that, please send your full name, your email and/or mailing address, your concern, and your proposed solution by email to us at: customersupport@mazda.com.au. If we would like to discuss an issue with you, we may contact you using any email or mailing address we have on file for you.

b. If the issue is not resolved after the Resolution Period, the issue will be settled by arbitration administered by the Australian Disputes Centre (“ADC”). The arbitration will be conducted in Victoria, Australia, in accordance with the ADC Rules for Domestic Arbitration operating at the time the dispute is referred to ADC (“Rules”).  Both parties will bear their own costs and expenses of arbitration and will share equally the fees and expenses of the arbitrator(s).  The arbitration award will be final and binding upon the parties, and will not be subject to appeal or review, except on the grounds set for in the Rules and the Commercial Arbitration Act 2011 (Vic).

Notwithstanding the above, nothing in this clause 15 will be construed to preclude any party from seeking injunctive relief in order to protect its rights pending an outcome in arbitration.  Furthermore, this clause 15 does not apply to any claim in which a party is attempting to protect its intellectual property rights.

To help resolve any issues between us promptly and directly, any arbitration must commence within one (1) year after the Resolution Period, after which, any relevant claim is waived, unless such delay is caused by us.

This clause 15 survives termination of these Terms.

16. Governing Law

These Terms are governed by the laws of Victoria, Australia.  The parties submit to the non-exclusive jurisdiction of the courts of Victoria and any courts competent to hear appeals from those courts.

17. Modification to the Agreement

We may modify this Agreement, by adding, deleting or changing any term, by providing notice to you at least thirty (30) days in advance of the change (“Notice Period”), or by asking you to read and accept a new version of these Terms. We may give you notice by posting a new version of these Terms on our Website, and/or where required by law or at our discretion, sending a message to the email address (or other contact method at our discretion) associated with your MyMazda Account.

Your continued access or use of any of the Services after expiry of the Notice Period, or your acceptance of the new version of these Terms, will be deemed to be your agreement to such modifications to the Terms.  If someone other than you is using your Connected Vehicle that time, you agree that such person is authorised to agree on your behalf.  

If you do not agree with any modification, then you may terminate the Services as set out in these Terms, without cost, penalty or cancellation indemnity, by sending us a notice to that effect no later than thirty (30) days after the amendment comes into force. Unless you notify us within thirty (30) days from the time you receive notice of the new terms that you do not agree to these new terms, you will be deemed to have agreed to the revised terms. If we have asked you to read and accept a new version of these Terms and you do not do so within the time period we specify, we can terminate these Terms immediately upon the expiration of such time period.

18. Software Updates

You consent to us accessing the systems associated with your Connected Vehicle for the following purposes:

a. to remotely access, deliver, install, update, upgrade or change software, data, applications and related settings on your Connected Vehicle (such items collectively referred to as “Software”) without further notice or consent;

b. to suspend or limit your access to or use of the Services without further notice to you and without liability to you to address system issues, issues with your account, or other issues that may impact performance, enjoyment, or security of the Services, or if we need to change the Services to address performance, safety, or security issues, or due to changes in technology, consumer interests, regulatory requirements, or business needs; and

c. to monitor systems in your Connected Vehicle in accordance with applicable laws and implement protective measures within such systems, so as to protect your security, your rights and the security of your Connected Vehicle and its Software.

Unless we provide otherwise, these Terms will govern any updates, upgrades or other changes we make to the Services or Connected Vehicle.

19. Intellectual Property

We grant you a non-commercial, non-exclusive, non-transferable, limited and terminable license to use the Services, throughout Australia, subject to your compliance with these Terms. The Services are licensed, not sold, to you, and are solely for your personal use, and not for any commercial purpose. We retain all right, title, and interest in and to the Services, and all related data and information, including intellectual property and proprietary rights and interests. You acknowledge that the Services are protected by all copyright, trade-mark, and other applicable intellectual property laws. Your use of the Services does not grant or transfer to you any ownership or other rights in the Services, and except as expressly provided, nothing herein or within the Services will be construed as conferring on you or any other person any license under any of our or any third party’s intellectual property rights, including, without limitation, any right to download, display, reproduce, distribute, modify, edit, alter or enhance the Services in any manner whatsoever. Any rights not expressly granted to you in these Terms are expressly reserved. For greater certainty, you agree that you will not take any action that is inconsistent with our ownership of the Services.

20. Miscellaneous

a. Force Majeure: Neither we, any of the Mazda Group, or our Third Party Service Providers will be responsible for the failure to provide the Services to you if caused by any of the following: any act or omission (including interruption of cellular service) of any Third Party Service Provider; system failures or shortages; damage to our-designated customer assistance centre(s), any land or wireless communications networks or the GPS system; acts of nature, labor strikes or war; or any other act or event that is outside of our reasonable control. Under any of these circumstances, we may, at our sole option, immediately suspend or terminate all or some of the Services or terminate these Terms without prior notice to you and without any liability.

b. How we can communicate with each other: Any written notice from you required by these Terms will be considered given when we receive it at our designated address or email address (as provided in the “Contact Us” section of these Terms). 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 address we have on file for you, if applicable. Any oral notices will be considered given when we call you or when you call us at the appropriate number provided in the “Contact Us” section of these Terms. You agree to the use of electronic signatures and documents. You agree that your name and signature will be affixed to these Terms and constitute your electronic signatures to the same extent as if you had used your written signature.

c. Who else these Terms cover: The Mazda Group and our Third Party Service Providers are intended beneficiaries of these Terms. Your passengers and drivers of your Connected Vehicle are covered by these Terms, and you are responsible to sufficiently notify them as such.

d. Our relationship with you: These Terms do not create any fiduciary relationship, or any relationship of principal and agent, partnership or employer and employee, between you and us, or between you and any of the Mazda Group, or any of our Third Party Service Providers.

e. Assignment: We may assign these Terms, including your obligations to us, in whole or in part to anyone we choose provided there is no material detriment to you and we endeavour to provide you with reasonable notice of the assignment. You cannot assign these Terms (or any portion thereof) without our prior written consent (which will not be unreasonably withheld) and any attempted assignment, without our written consent, is null and void.

f. Entire agreement: These Terms are the entire agreement between you and us with respect to the subject matter hereof, and supersedes all past or present agreements or representations between us, whether oral or written. These Terms will also be binding on your heirs, successors and permitted assigns and on our successors and assigns. No waiver of any part of these Term, or of any breach of them, in any one instance will require us to waive any other instance or breach. In some circumstances, we might decide to provide you with the Services voluntarily even if you would not otherwise qualify; and that decision will not be a waiver of any term of these Terms or require us to do so again.

g. Severance: If any part of these Terms is in any way unenforceable, invalid or illegal, it is to be read down so as to be enforceable, valid and legal.  If this is not possible, the clause (or where possible, the offending part) is to be severed from these Terms without affecting the enforceability, validity or legality of the remaining clauses (or parts of those clauses) which will continue in full force and effect.

21. Contact Us

If you have any questions or concerns about these Terms, please contact our Customer Support Department at customersupport@mazda.com.au.  You may also contact us at 211A Wellington Road, Mulgrave Victoria 3170. Additional information regarding contacting us is available at www.mazda.com.au/owners/help-and-support.

 

Last updated:22 August 2024