THESE TERMS GOVERN YOUR USE OF APPLICATION SERVICES PROVIDED BY SAIC GENERAL MOTORS CORPORATION LIMITED AND ITS AFFILIATES [INCLUDING BUT NOT LIMITED TO SAIC GENERAL MOTORS SALES COMPANY LIMITED, SAIC GM DONGYUE MOTORS COMPANY LIMIETD, SAIC GM DONGYUE POWERTRAIN COMPANY LIMITED, SAIC GM (SHENYANG)NORSOM MOTORS COMPANY LIMITED, PAN ASIA TECHNICAL AUTOMOTIVE CENTER COMPANY LIMITED AND SHANGHAI ONSTAR TELEMATICS CO., LTD,] (HEREAFTER REFERRED TO COLLECTIVELY “SGM”,“WE”, OR“OUR”, OR“US”) AND ARE LEGALLY BINDING BETWEEN YOU AND SGM AND ITS AFFILIATES.
User Terms – Application Services
Last Updated: December 18th, 2018
These user terms (“Terms”) are between you and us.
Summary of User Terms
By clicking the “Accept” button or using the Services (as defined in the next paragraph) or a Product (as defined in Section 2.1 below), you agree:
User Terms – Application Services
By clicking the “Accept” button or using the Services or a Product, you are indicating that you have read, understand, and agree to be bound by the complete set of Terms set forth below.
The in-vehicle applications and such other services through which we make applications available to you (collectively the “Services”) are provided by SGM as a place where users can find software applications to download to or use with Vehicle Connected Devices. A “Vehicle Connected Device” is a device produced by or for us, including a our radio or infotainment system installed in your car, or as authorized by us, that is capable of receiving Products (as defined in Section 2.1 below) and software Product updates or upgrades. “Your Vehicle Connected Device” is a Connected Device that you own, lease, or have access to in a vehicle that you use.
We are willing to grant you access to the Services and Products under these Terms, the Services Privacy Statement and in accordance with all usage guidelines, policies, and procedures that we may make available to you on the Services and/or through Your Vehicle Connected Device (together referred to as the “Agreement”).
We may modify any term of the Agreement by providing notice to you or by asking you to view and click to accept a new version of this Agreement. If you do not agree with any modification, then we revoke your right to access and use the Services and Products and you must discontinue and refrain from all access to and use of the Services and Products; provided, that your continued access to and/or use of the Services and/or any Products after notification of a modification will be deemed your acceptance of such modifications to the Agreement.
SAFETY: You agree to obey all laws, traffic rules and traffic regulations governing the operation of your vehicle and use of Your Vehicle Connected Device(s), and you will not access and/or use any Service and Product in any manner that violates any law, rule, or regulation. Without limiting the foregoing, it is your sole responsibility to exercise discretion and observe all safety measures required by law, traffic rules, and traffic regulations while accessing and/or using the Services, Vehicle Connected Devices and the Products you download. Access to and/or use of the Services, Vehicle Connected Devices and software Products are at your sole risk and your sole responsibility and the Services, Vehicle Connected Devices and Products should be accessed and/or used only when you can safely operate them. Meanwhile, if a third party access or use your products or services arising out of your authorization, please ensure that your Authorized Users are the third party that you can trust, the behaviors of whom are at your sole risk and your sole responsibility.
1. Accepting this Agreement Registration and Use of Services
1.1 Acceptance
The Services is part of our service provided for your vehicle or a vehicle you are authorized to use. By clicking to accept the terms of the Agreement, you accept and agree to be bound by the terms in this Agreement, including the Standard End User License attached as Appendix 1 to this Agreement and the data and personal information collection, use and disclosure described in the Services Privacy Statement. If you do not agree with any terms of this Agreement, then we do not grant you a right to access and use the Services and Products and you shall not use or access the Services or any Products.
1.2 Eligibility
By using the Services, you represent and warrant that you have reached the age of majority in your jurisdiction of residence and have full legal capacity to enter into binding contracts, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement. If you do not satisfy the foregoing eligibility requirements, you are not granted the right to, and shall not, use or access the Services or any Products until such time in the future as you satisfy the eligibility requirements and agree to all of the terms of the Agreement.
1.3 No Use of the Services by Minors
The Services does not target, through advertising, appearance, links to other sites or otherwise, minors under the age of 18. If you are under the age of 18 or are a parent or guardian of a minor under the age of 18, please be aware that we do not permit registration by, and do not knowingly collect any information from, minors under the age of 18. If you are a parent or guardian of a minor under the age of 18, you are prohibited from downloading any Product for their use, allowing their use of any Product or consenting to their registration to access the Services.
1.4 Registration
In order to access some features of the Services, and in order to download software (including all “Products” as defined in Section 2.1), you may be required to create an account. When creating your account, you must provide accurate and complete information.
You are solely responsible for the activity that occurs on your account, and you must keep your account and password secure and not disclose it to any third party. You should notify us immediately of any breach of security or unauthorized use of your account. Use of the Services and Products is solely for your personal use. We will not be liable for any losses incurred by you (or any unauthorized user) by any unauthorized access to or use of the Services, a Product, or your account. However, you may be liable for the losses of us or other parties due to such unauthorized access and/or use.
2. Services and Account
2.1 You may use the Services to find software, including all software that you download from the Services or from other services made available by us, and any updates, upgrades, modifications, or new versions to that software installed or used or when your computer, mobile device, or Vehicle Connected Device synchronizes with your account, (“Products”) for download to and use on Your Vehicle Connected Device. Your Vehicle Connected Device comes pre-installed with certain software such as an operating system and application software, and such pre-installed software shall be deemed to be a Product.
2.2 You understand that, unless marked as our Product, Products on the Services are provided by third parties, and we have no obligation or liability to you with respect to, or any responsibility for, those Products. By accessing or using a Product not identified as our Product, you expressly relieve us from any and all responsibility, obligation or liability arising from your access to or use of any third-party Product.
2.3 Your license to each Product, including pre-installed Products on Your Vehicle Connected Device, is subject to the Standard End User License that is attached as Appendix 1 at the end of this Agreement. You agree that the Standard End User License applies to all Products, including third party Products. Your use of any third party Product is also subject to the terms that the third party provides to you in connection with that third party Product, if any. To the extent there is any conflict between the Standard End User License and those third party terms, the Standard End User License will govern. The licensor of that Product may have a separate privacy policy that applies to that Product, which you must review carefully.
2.4 We recommend that you carefully read the terms of any end user license agreement and any other applicable policies or terms, including an applicable privacy policy, before using the Product. For Products provided by a third party, you acknowledge that the applicable license for the Product, whether the Standard End User License alone, or together with the additional end user license terms applicable to the Product, is a binding agreement solely between you and that third party, and not between you and us, and that we are acting solely as an intermediary between you and that third party.
2.5You understand that all terms of this Agreement, including the Standard End User License, apply to all users of Your Vehicle Connected Device and that you are responsible and liable for all activities of users of Your Vehicle Connected Device, including without limitation, all access to and/or use of Products that you download through the Services and that are accessed or used through Your Vehicle Connected Device. Without limiting the foregoing, it is your responsibility to:
2.6 The Products on the Services, whether provided by us or by third parties, may be changed, altered, removed, updated, upgraded, modified, extended, enhanced, re-released, improved, and supplemented at any time with or without any notice to you and without any liability to you.
2.7 By accepting the terms of this Agreement, you consent to the installation and use of pre-installed Products, and you acknowledge that we may make further Products available to you for download from the Services.
2.8 We may remotely update, upgrade, modify, and/or delete one or more of the Products, versions thereof and/or its services at any time in its sole discretion with or without any notice to you and without any liability to you. If a Product or a version thereof is removed from the Services, you agree that we may remove the Product from Your Vehicle Connected Device remotely at any time with or without any notice to you and without any liability to you. Certain Products perform primarily operational functions, such as operating system software. If consent to an upgrade for an operational Product is sought, the consent may be provided by any Authorized User on behalf of his/herself and all other Authorized Users. Notification and consent messaging may be automatically communicated to each Authorized User upon a user’s next use of the Services, regardless of whether the upgrade was declined or accepted by the prior user. If any Authorized User consents to an update or upgrade to such a Product, the update or upgrade will be effective as to all other Authorized Users, regardless of whether another Authorized User previously or subsequently declined such an update or upgrade. If you consent to the updating or upgrading of any Software, you must notify all other Authorized Users. For purposes of this paragraph, you are also included as an “Authorized User.”
2.9 You agree that this Agreement shall govern any of the updates, upgrades, modifications, extensions, enhancements, re-releases, and other changes to the Services.
2.10 We in our sole discretion may provide, continue to provide, or disable an account for you to access on the Services. We may take any of these actions at any time in our sole discretion with or without any notice to you and without any liability to you.
3. Your Additional Representations and Obligations
3.1 General
You certify to us and agree that:
a. |
You have the right and authority to enter into this Agreement on your own behalf; |
b. |
You will only use your account and the Services in connection with Your Vehicle Connected Device; |
c. |
You will provide us only with true and accurate information and will keep that information up to date; |
d. |
You will monitor your use of the Services, and keep yourself in full compliance with the requirements of this Agreement; |
e. |
You will be responsible for all of your costs and expenses, including taxes, losses, and liabilities, that you incur in connection with any of your use of the Services, the Products, and any activities that you undertake in connection with the Services, the Products, or with this Agreement in any way; |
f. |
Your agreement to these terms and/or performance thereof do not violate in any way any of your existing obligations; |
g. |
You will access the Services only through the account that we establish for you and you will not attempt to breach any security measures of the Services; |
h. |
You will not copy, reproduce, distribute, decompile, reverse engineer, disassemble, remove, alter, circumvent, or otherwise tamper with any security technology, convert to any use not authorized by us or claim ownership in the Services, any Products, or any other party’s information or materials on the Services; |
i. |
You will not use the Services for any unlawful purpose, to harass any person, or for any purpose not allowed by us; |
j. |
You will not remove, modify, or obscure any copyright notices, trademarks, or other proprietary rights notices on or contained in or on any portion of the Services or any Products, information, or materials on or obtained from the Services; and |
k. |
You agree to comply with the People's Republic of China all local governments, and national laws, statutes, ordinances, regulations, and notices that apply to your use of the Services and Products. |
4. Indemnity
In consideration of our provision of the Services to you without a fee and the rights granted to you, to the maximum extent allowable by law and unless prohibited by law, you agree to indemnify us, licensors, and contractors as well as their respective employees, officers, directors, and agents (collectively “SGM Persons”) from and against any and all losses, damages, injuries (including death), causes of action, claims, penalties, interest, additional taxes, demands, and expenses, including reasonable legal fees and expenses, of any kind or nature arising out of or on account of, or resulting from, any third party claim or demand made to or against any SGM Person(s): (i) arising out of your access to and/or use of the Services; (ii) arising out of your failure to comply with this Agreement; (iii) arising out of your access to and/or use of any Product; (iv) relating to the inaccuracy or untruthfulness of any representation or warranty that you made under this Agreement; (v) arising out of any activities of anyone other than you in connection with the Services conducted through your account; (vi) arising out of access to and/or use of any Product through Your Vehicle Connected Device; or (vii) arising out of any of your other activities under or in connection with this Agreement, the Services, and/or any Product.
5. Unauthorized Use or Modification of the Services
You are not granted the right to and you shall not engage in any of the following with respect to the Services: (a) transmit any software or other materials that contain any viruses, worms, Trojan horses, defects, date bombs, time bombs, spiders, web-bots, screen-scrapers, or web crawlers or other items of a destructive or disruptive nature; (b) exploit the Services in any unauthorized way whatsoever, including, but not limited to, by trespass or burdening server or network capacity or Services infrastructure; (c) modify, adapt, sublicense, translate, sell, reverse engineer, decompile, or disassemble any portion of the Services or remove, alter, circumvent, or otherwise tamper with any security technology; (d) "frame" or "mirror" any part of the Services without our prior written authorization; or (e) harvest or collect information about users.
ANY ATTEMPT BY ANY USER OR ANY OTHER INDIVIDUAL OR ENTITY TO DELIBERATELY DAMAGE THE SERVICES OR UNDERMINE THE LEGITIMATE OPERATION OF THE SERVICES IS A VIOLATION OF THIS AGREEMENT. WE RESERVE THE RIGHT TO INVESTIGATE ANY SUSPICIOUS ACTIVITY AND TO TAKE ALL SUCH ACTIONS AGAINST AND OBTAIN SUCH REMEDIES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. WE RESERVE THE RIGHT TO DISCLOSE ANY INFORMATION ABOUT YOU, INCLUDING BUT NOT LIMITED TO, YOUR ACCOUNT AND ACCESS TO AND USE OF YOUR ACCOUNT, TO LAW ENFORCEMENT AS NECESSARY TO ENFORCE THIS AGREEMENT.
6. Intellectual Property
The Services and the Products are protected by the People's Republic of China and international copyright laws and may be subject to other intellectual property protections, including, but not limited to, patent and trademark rights. You may not copy, distribute, modify, perform, broadcast, display, transmit, reuse, re-post, use (except as expressly set out herein) or claim any right in any aspect of the Services or any Product, including the content, text, images, audio, and video without our express, prior written permission.
7. Trademarks
Any trademarks, logos, and service marks (collectively "Trademarks") displayed on the Services or in connection with any Products are the registered and/or unregistered trademarks of us or other third parties. Nothing contained on the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use or display any Trademark or any variation thereof without the written permission of us or the other owner thereof. Your use of the Trademarks owned by us is strictly prohibited.
8. Export Compliance
You will comply worldwide with all laws and regulations applicable to the Services. You may not use, export, re-export, import, sell or transfer any aspect of the Services or the Products available through the Services except as authorized by United States law and any other applicable laws and regulations. In particular, but without limitation, no aspect of the Services and any Products may be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Persons List or Entity List. By using the Services or Products, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the Services or Products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons.
9. Information and Feedback
We are interested in receiving your feedback regarding the Services and also needs to review certain information from you as we describe in this Agreement. To avoid any misunderstandings, you agree that any information and materials that you submit, other than personally identifiable information subject to the Services Privacy Statement, in connection with this Agreement ("Feedback") creates no confidentiality obligation on the part of us in any way, and we do not consider such information or materials confidential. You acknowledge and agree that your Feedback is submitted voluntarily and without restriction, and we are free to use, reproduce, modify, distribute, display, perform, broadcast, sublicense and disclose any Feedback in any manner any in any form or medium, whether now known or hereafter developed, without any obligation, express or implied, to you, without any notification, payment or attribution to You. We have the right but not the obligation to monitor any Feedback that you submit. You also agree that we have no obligation to return or destroy any Feedback that you submit through the Services.
10. Data Collection / Privacy
We may collect and store personally identifiable information (“PII”) and other information about you and your vehicle through your use of the Vehicle Connected Device and Vehicle Products. Any PII and other information collected and stored by us are subject to the Services Privacy Statement, available at the Services. We utilize national standard, industry standard security procedures and practices.
When you use third party Products, third parties may collect information about you. Any information collected by third parties from Products they license to you is subject to the applicable third party’s privacy statement. We recommend that you carefully read each third party’s privacy statement prior to using any third party’s Products. We are not responsible for any acts or omissions of third parties.
If you sell, transfer, lease or dispose of your vehicle or Vehicle Connected Device you are solely responsible for deleting PII and other information about you contained in the Products and your Services account.
11. Term and Termination
11.1 This Agreement shall come into effect upon the date of your acceptance until terminated by you or us.
11.2 To the extent permitted by law and unless prohibited by law, we reserve the right to terminate your participation in or access to the Services if, in our judgment, you have in any way violated this Agreement.
11.3 We may terminate this Agreement immediately if: (i) you breach any obligation of this Agreement; (ii) any person or party acting by, through, for or in concert with you takes any action inconsistent with this Agreement; (iii) you engage in, encourage, or participate in any unlawful, deceitful or fraudulent conduct in any way relating to this Agreement or any of the Products; or (iv) you fail to agree with modifications to this Agreement as we may make available to you.
11.4 We shall have no liability to you for termination or expiration of this Agreement or the discontinuance of the Services. Upon termination or expiration of this Agreement, you shall stop using the Services. Any continued use of Products by you shall be governed by the terms of the applicable license, and the Standard End User License.
11.5 All provisions of this Agreement which by their nature survive expiration or termination, and the Standard End User License, shall survive termination or expiration of this Agreement.
12. NO WARRANTY BY US AND OUR LICENSORS
12.1 WE MAKE NO REPRESENTATIONS, CONDITIONS OR WARRANTIES IN RESPECT OF THE SERVICES OR THE PRODUCTS. THE SERVICES AND THE PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE” INCLUDING WITH ALL FAULTS AND ERRORS AS MAY OCCUR THEREIN. TO THE EXTENT PERMITTED BY LAW AND UNLESS PROHIBITED BY LAW, WE, ON BEHALF OF OURSELVES AND ALL PERSONS AND PARTIES ACTING BY, THROUGH OR FOR US, EXPLICITLY DISCLAIMS ALL WARRANTIES OR CONDITIONS, EXPRESS, IMPLIED OR COLLATERAL, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, NON-INFRINGEMENT, SATISFACTORY QUALITY, AND FITNESS FOR A PARTICULAR PURPOSE IN RESPECT OF THE SERVICES, THE SERVICES OR THE PRODUCTS.
12.2 TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE DO NOT WARRANT THE OPERATION, PERFORMANCE, OR AVAILABILITY OF THE SERVICES OR PRODUCTS, OR ANY OF OUR PERFORMANCE OR PROCEDURES IN CONNECTION WITH THE SERVICES OR THIS AGREEMENT. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE DO NOT WARRANT THAT THE SERVICES WILL CONTINUE IN EXISTENCE FOR ANY PERIOD OF TIME AND DOES NOT WARRANT THAT FUTURE OPERATION OF THE SERVICES OR THE PRODUCTS WILL BE COMPATIBLE WITH CURRENT OPERATION OR APPLICATIONS.
12.3 TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE DO NOT WARRANT OR MAKE ANY CONDITIONS OR REPRESENTATIONS REGARDING THE SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY DATA OR MATERIAL OF ANY KIND CONTAINED WITHIN THE SERVICES OR PRODUCTS FOR ANY PURPOSE. WE MAKE NO REPRESENTATIONS THAT THE SERVICES OR ANY PRODUCTS WILL BE FREE FROM LOSS, INTERRUPTION, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING OR OTHER SECURITY INTRUSION, AND WE DISCLAIM ANY LIABILITY RELATING THERETO. WE DO NOT PROVIDE ANY WARRANTY AS TO THE AVAILABILITY OF THE SERVICES OR THAT THE SERVICES WILL OPERATE WITHOUT INTERRUPTION OR ERROR FREE.
12.4 TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE ARE NOT RESPONSIBLE FOR ANY FAILURES CAUSED BY SERVER ERRORS, MISDIRECTED OR REDIRECTED TRANSMISSIONS, FAILED INTERNET CONNECTIONS, INTERRUPTIONS IN THE TRANSMISSION OF DATA OR ANY COMPUTER VIRUS OR OTHER TECHNICAL DEFECT, WHETHER HUMAN OR TECHNICAL IN NATURE.
12.5 WE DO NOT WARRANT THAT THE SERVICES AND/OR ANY PRODUCT WLL OPERATE PROPERLY ON YOUR EQUIPMENT AND YOU AND ONLY YOU WILL BE RESPONSIBLE FOR ALL REPAIRS TO YOUR EQUIPMENT AND ANY OTHER LOSSES ACTUALLY OR ALLEGEDLY CAUSED BY THE SERVICES AND/OR ANY PRODUCT.
12.6 SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO SOME OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO THE EXTENT SUCH JURISDICTIONS' LAW IS APPLICABLE TO THIS AGREEMENT, IN WHICH CASE OUR WARRANTIES SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
12.7 LIMITATIONS OF LIABILITY
TO THE EXTENT PERMITTED BY LAW AND UNLESS PROHIBITED BY LAW, WE WILL NOT BE LIABLE IN ANY WAY IN CONNECTION WITH THIS AGREEMENT OR THE SERVICES OR PRODUCTS FOR ANY INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR AMOUNTS FOR LOSS OF INCOME, PROFITS OR SAVINGS ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SERVICES OR ANY PRODUCTS. TO THE EXTENT THAT WE ARE FOUND LIABLE FOR ANY DAMAGES, LOSSES, LIABILITIES OR EXPENSES IN CONNECTION WITH THIS AGREEMENT, THE SERVICES OR THE PRODUCTS, AND TO THE EXTENT ALLOWED BY LAW AND UNLESS PROHIBITED BY LAW, YOU AGREE THAT THE MAXIMUM AGGREGATE LIABILITY FOR WE SHALL BE NO GREATER THAN RMB 1,500.00 YUAN. THESE LIMITS AND EXCLUSIONS APPLY EVEN IF WE KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF THE DAMAGES AND WHETHER ARISING BASED ON NEGLIGENCE, TORT OR BREACH OF CONTRACT.
13. General
13.1 Modification of Agreement
We reserve the right to make changes at any time to this Agreement. Any modifications to this Agreement will be effective upon posting on the Services or when we notify you of the modifications, whichever occurs first. You agree to review the Agreement on the Services periodically so that you are aware of any modifications. Your continued access to and/or use of the Services after any modifications have been posted to the Services or after you have been notified of such modifications indicates your acceptance of the Agreement as amended.
13.2 Assignment
You shall not assign this Agreement (or any portion thereof) without our written consent and any attempted assignment without our written consent shall be null and void. We may assign this Agreement with or without notice to you.
13.3 Relationship
You agree that nothing contained in this Agreement shall be construed to make either you or us partners, joint ventures, principals, agents, or employees of the other. Neither party shall have any right, power or authority, express or implied, to bind the other.
13.4 Notice
You consent to receive notices by e-mail and agree that any such notices that we send to you shall be legally effective. You may change your e-mail address for notification purposes at any time by contacting us at the phone number or email address provided under this Agreement.
13.5 Severability
If any term or provision of this Agreement, or of any document incorporated herein by reference, is held by a court of competent jurisdiction to be contrary to law, then that term shall be severed from this Agreement, and the remaining provisions of this Agreement or the application of such provision to persons or circumstances other than those as to which it is invalid or unenforceable shall not be affected thereby. Each provision of this Agreement shall be valid and enforceable to the extent permitted by law and unless prohibited by law.
13.6 Waiver
No term or condition of this Agreement shall be deemed waived and no breach shall be deemed excused unless such waiver or consent shall be in writing and signed by the party claimed to have waived or consented. No consent by any party to, or waiver of, a breach by the other, whether express or implied, shall constitute a consent to, waiver of, or excuse for any different or subsequent breach.
13.7 References and Headings
In this Agreement and Appendix 1 the Standard End User License, the article and section headings and the tables of contents are for convenience of reference only and shall not be considered in the interpretation of this Agreement.
13.8 Governing Law
This Agreement shall be interpreted in accordance with and governed by the laws of the People’s Republic of China.
13.9 Agreement to Arbitration
If any disputes between you and us cannot be settled through amicable consultations, both parties agree to take the dispute to arbitration rather than litigation. The arbitration should be submitted to Shanghai Arbitration Commission.
13.10 Contact Information
For more details about us, please visit OnStar Website, www.onstar.com.cn. You can contact us at any time in the following ways:(1) call our 24-hour hotline at 400-820-1188, or send email to contactus@OnStar.com.cn; (2) press the blue button under the interior rear-view mirror to contact our OnStar Advisor;(3) write to us at Customer Relationship Department, Shanghai OnStar Telematics Co. Ltd, Floor 3, Building B, Xin-Ye Park, 1801 Hongmei Road, Xuhui District, Shanghai, 200233.
13.11 Language
The parties hereto confirm that it is their wish that this Agreement, as well as all other documents relating hereto, including all notices, have been and shall be drawn up in the Chinese or English language only.
13.12 Entire Agreement
This Agreement, including Appendix 1 the Standard End User License and the further terms and policies that are expressly referenced in this Agreement, are the entire agreement between the parties with respect to its subject matter, and there are no other representations, understandings or agreements between the parties relative to such subject matter. You cannot change this Agreement unless we agree in writing to the change. GM may modify this Agreement as described in Section 13.1 or by providing notice to you or by asking you to view and click to accept a new version of this Agreement. Should there be a conflict between the terms included herein and in the Standard End User Licenses Agreement or other terms and policies that are referenced herein, the terms included herein shall control.
13.13 Questions
The Services is provided by us. If you have any questions, comments or complaints regarding this Agreement, the Privacy Statement, the Standard End User License or the Services, You can contact us at any time in the following ways: (1) call our 24-hour hotline at 400-820-1188, or send email to contactus@OnStar.com.cn; (2) press the blue button under the interior rear-view mirror to contact our OnStar Advisor;(3) write to us at Customer Relationship Department, Shanghai OnStar Telematics Co. Ltd, Floor 3, Building B, Xin-Ye Park, 1801 Hongmei Road, Xuhui District, Shanghai, 200233.
Appendix 1
Standard End User License
Last Updated: February 24th, 2017
This Standard End User License (“License”) applies to all software that you download from the Services and any updates, upgrades, modifications, or new versions to that software installed or used or when your computer, mobile device, or Vehicle Connected Device synchronizes with our background system (“Products”) or any Products pre-installed in Your Vehicle Connected Device. A “Vehicle Connected Device” is a device produced by us, or for us that is capable of receiving Products. “Your Vehicle Connected Device” is a Vehicle Connected Device that you own, lease, have access to in a vehicle that you use. If the Product being downloaded is provided by us, then references to “Provider” in this license means us. If the Product being downloaded is provided by a third party, then references to “Provider” in this License means the third party identified to you at the time of download. If that third party provides terms that apply to your use of its Product, then those terms will apply to your use of that Product in addition to the terms of this License, and this License will govern to the extent there are any conflicts. If you do not agree to this License, you must uninstall and not use the Products.
1. License. Provider is the owner or licensor of all right, title and interest in and to the Product, including without limitation any content, graphics, audiovisual files, processes, and code, along with all intellectual property rights in the Product. Subject to your compliance with this License, Provider grants you a limited, personal, noncommercial, non-transferable, non-sublicensable, revocable, non-exclusive license to install and use the Product in object code for its intended purpose on Your Vehicle Connected Device, for the Term (as defined in Section 6 below) of the License. You agree and consent to install and use the Product pursuant to this License. The Product is licensed to you but not sold to you.
2. Provider Updates, Modifications and Deletions. From time to time, Provider may remotely update, upgrade, modify, or delete the Product and/or its services for certain reasons, including, without limitation, to increase functionality, to improve stability, to address safety or security concerns, or any other condition that would adversely affect the operation of Your Vehicle Connected Device. You agree that Provider may at any time automatically update, upgrade, modify, and/or delete the Product and/or its services. You also agree that Provider may elect to cease support of the Product and/or provision of its services that the Product accesses. The Product may be removed automatically from Your Vehicle Connected Device during synchronization with your account. If the Product is updated, upgraded or modified, whether to enhance or correct features or functionality, then this License shall apply to the updates, upgrades and modifications unless separate terms are provided with the update, upgrade or modification. You understand and agree that Provider has no obligation to provide any customer support for the Product and the use and operation thereof is your own responsibility.
3. Effect of Products on Vehicle Connected Devices. You understand that the download, operation and/or use of Product(s) may: (i) have an unintended or adverse effect on the Vehicle Connected Device, any system or software operating in or with the Vehicle Connected Device, and/or one or more other Products,(ii) result in a modification or change to the Vehicle Connected Device, any system or software operating in or with the Vehicle Connected Device, one or more other Products, and/or the functionality of any one or more of the foregoing; and/or (iii) render all or a portion of the Vehicle Connected Device, any system or software operating in or with the Vehicle Connected Device, and/or one or more other Products inaccessible or unusable. You understand and agree that the download, operation and use of Products is at your own risk and is your own responsibility, and that Provider has no obligation to provide customer support for the Product or with regard to any effect it may have on the Vehicle Connected Device, any system or software operating in or with the Vehicle Connected Device, and/or one or more other Products.
4. No reverse engineering; re-distribution or security circumvention. You agree not to reverse engineer, disassemble, use in a compilation, decompile, repurpose, distribute, resell or modify the Product. You may only use the Product for purposes of transferring the Product to Your Vehicle Connected Device and operating the Product on Your Vehicle Connected Device. You may not re-distribute the Product to other people that do not use Your Vehicle Connected Device or vehicle. You agree to abide by and will not circumvent any security means or access control technology included in or with the Product.
5. Open Source. If the Product includes any Open Source Software, then your rights and responsibilities with respect to the Open Source Software shall be governed according to the terms of the applicable Open Source License. “Open Source Software” means software made available to others under the terms of an Open Source License; “Open Source License” means a software license that includes, but is not limited to, terms that: (a) permit distribution/redistribution of the software, including free of charge and for sale, by others without royalty or fee and allows for such distribution/redistribution to include source code and compiled code; (b) permits modifications, compilations, and derived works be created from the software and be distributed under the same terms as the original software; or (c) attach to the software and applies to all persons, entities, groups, organizations and institutions (the “Recipients”) to whom the software is distributed and/or who redistribute the software without the need for the Recipients to execute or otherwise acquire an additional license.
6. Term. This License shall continue until terminated by you or Provider or you cease use of the Product (the “Term”). You may terminate this License at any time by uninstalling the Product. This License shall terminate automatically at any time upon breach by you of any of the terms of this License and in such event you will cease all use of the Product.
7. Service terms and Web Site Terms apply. If you use the Product to access or use any service, then you agree to abide by the applicable terms of the service and warrant that you will do so. If you use the Product to access or use any web site, then you agree to abide by the applicable terms of the web site and warrant that you shall do so.
8. Data Collection; Use and Back-up. To the extent we are the Provider, we may collect and store information about you and your vehicle through your use of the Vehicle Connected Device or our Products. Any information collected by we are subject to and governed by the Privacy Statement included and posted with a Product.
When you use third party software, including from a Provider other than us, third parties may collect information about you, as well. Any information collected by third parties from the Product they license to you is subject to the applicable third party’s privacy policy. We recommend that you check the third party Product's privacy policy prior to using any third party’s Product. By virtue of the third party software operating through the Vehicle Connected Device or our Products, the software may provide us with information about you or your vehicle through the Software.
You have sole responsibility for backing up or archiving any data you use with the Product to the extent you have the right to do so. Provider does not have any responsibility for maintaining, archiving, or providing any data you use with the Product and shall have no liability for any loss of access to or use of such data.
9. Content provided by Provider. The Product may make available to you content that is the property of Provider or of others that give Provider permission to provide it to you. This content is provided only for use through the Product on the Vehicle Connected Device and no right is provided to you to, and you agree not to, copy, distribute, modify, perform, broadcast, display, transmit, reuse, re-post, use or claim any right in the content provided by Provider. You also agree that you will not use content provided by the Provider or through the Product to violate any law or harass any person, group or business. If the Product links you to any third party website or service, no right is provided to you to, and you agree not to, copy, distribute, modify, perform, broadcast, display, transmit, reuse, repost, use or claim any right in the content provided by the third party website or service unless you have legal permission from the third party. You also agree that you will not use content from the third party website or service to violate any law or harass any person, group or business.
10. Your Transmissions and Use. You agree not to use the Product to transmit or send any information or data that you do not have the right to transmit or send. You also agree that you will not use the Product to transmit or send any information or data for any unlawful purpose or to harass any person, group, or business.
11. DATA DISCLAIMER. The Product may use various types of data to perform functions for you. YOU ACKNOWLEDGE THAT THE DATA PROVIDED MAY NOT BE ACCURATE AND YOU USE THE DATA AT YOUR OWN SOLE RISK. DATA THAT MAY NOT BE RELIED ON INCLUDES, BUT IS NOT LIMITED TO, THE FOLLOWING: POSITION (I.E., LOCATION) DATA OBTAINED FROM THE VEHICLE OR OTHERWISE; DATA OBTAINED FROM A WEBSITE OR THIRD PARTY SERVICE PROVIDER; AND DATA OBTAINED FROM IN-VEHICLE SYSTEMS.
12. Content provided by third party sites. You understand that in using the Product, you may encounter material that you may find offensive, vulgar, or obscene. You also understand that if you use the Product to access services or websites, you may not be able to control search results that may return links or “hits” that you may find offensive, vulgar, or obscene. You use the Product at your own risk and neither Provider nor we shall have any liability for content that you or others may find offensive or otherwise objectionable. Unless the law provides otherwise, we are not responsible for examining or evaluating the content or accuracy, does not warrant or endorse and will have no liability for any third party materials, services, or websites.
13. Obey all laws related to operation of motor vehicle. You acknowledge that the Product (unless installed by the vehicle manufacturer) is not part of your vehicle delivered to you when you purchase or lease your vehicle. If you believe that your Product is not operating properly, you should, if applicable, use the features of your account to remove the Product from Your Vehicle Connected Device. You agree and warrant that you will obey all laws, traffic rules and regulations governing the operation of your vehicle and you will not use the Product in any manner that violates such laws or regulations.
14. No guarantee of operation of features / networks. For services provided through networks, Provider cannot promise that your communications will not be intercepted by others and cannot promise that connections to websites and services through networks will be available to you, uninterrupted, or error free. You agree that both Provider and we will not be liable for any damages for any loss of privacy occurring in communication over such networks or for any loss of connectivity or loss, error, or failure of other functionality provided through networks.
15. Not operational during all vehicle modes. The Product may provide features and functionality that are not available during operation of your vehicle modes.
16. NO WARRANTY. PROVIDER MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS IN RESPECT OF THE PRODUCT OR ANY SERVICE OR INFORMATION THAT PROVIDER OR THE PRODUCT MAKES AVAILABLE TO YOU. THE PRODUCT, ANY SERVICE AND ANY INFORMATION THAT PROVIDER OR THE PRODUCT MAKES AVAILABLE TO YOU ARE PROVIDED “AS IS” AND “AS AVAILABLE” INCLUDING WITH ALL FAULTS AND ERRORS AS MAY OCCUR THEREIN. PROVIDER, ON BEHALF OF ITSELF AND ALL PERSONS AND PARTIES ACTING BY, THROUGH OR FOR PROVIDER, EXPLICITLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED, OR COLLATERAL, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE IN RESPECT OF THE PRODUCT OR ANY SERVICES PROVIDED THROUGH THE PRODUCT, ACCURACY, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY PROVIDER OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY.
PROVIDER DOES NOT WARRANT THAT THE PRODUCT WILL CONTINUE TO OPERATE OR REMAIN AVAILABLE FOR ANY PERIOD OF TIME AND DOES NOT WARRANT THAT FUTURE OPERATION WILL BE COMPATIBLE WITH CURRENT OPERATION OR APPLICATIONS. PROVIDER DOES NOT WARRANT THAT USE OF THE PRODUCT WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE PRODUCT WILL BE CORRECTED.
PROVIDER DOES NOT PROVIDE ANY GUARANTEE, CONDITION, OR WARRANTY THAT THE PRODUCT WILL OPERATE PROPERLY ON YOUR VEHICLE CONNECTED DEVICE, AND YOU AND ONLY YOU WILL BE RESPONSIBLE FOR ALL REPAIRS TO YOUR EQUIPMENT AND ANY OTHER LOSSES ACTUALLY OR ALLEGEDLY CAUSED BY THE PRODUCT.
PROVIDER DOES NOT PROVIDE ANY GUARANTEE, CONDITION, OR WARRANTY OF THE ACCURACY OF ANY DATA MADE AVAILABLE TO THE PRODUCT OR YOU THROUGH THE PRODUCT, WHETHER THE DATA IS LOCATION DATA OR ANY OTHER DATA AVAILABLE TO OR THROUGH THE PRODUCT.
IF THE PROVIDER IS A THIRD PARTY, THEN YOU UNDERSTAND THAT THE PRODUCT IS PROVIDED BY THE THIRD PARTY PROVIDER AND THAT WE DO NOT PROVIDE ANY WARRANTY WHATSOEVER (WHETHER MENTIONED IN THIS SECTION OR OTHERWISE) RELATED TO THE PRODUCT OR ANY SERVICE OR INFORMATION PROVIDED BY OR THROUGH SUCH THIRD PARTY PROVIDER PRODUCT.
SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO SOME OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE, IN WHICH CASE OUR WARRANTIES SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
17. EXCLUSION OF DAMAGES AND LIMITATION OF LIABILITY. TO THE EXTENT PERMITTED BY LAW AND UNLESS PROHIBITED BY LAW, PROVIDER AND WE AND THEIR RESPECTIVE AFFILIATES AND THE EMPLOYEES, OFFICERS, DIRECTORS, AND AGENTS THEREOF (“PROVIDER PARTIES”) SHALL NOT BE LIABLE IN ANY WAY IN CONNECTION WITH THIS LICENSE, THE PRODUCT, OR ANY SERVICES OR INFORMATION THE PRODUCT ACCESSES OR PROVIDES FOR ANY INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR AMOUNTS FOR LOSS OF INCOME, PROFITS, OR SAVINGS ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE PRODUCT. THESE LIMITS AND EXCLUSIONS APPLY EVEN IF PROVIDER, WE OR ANY PROVIDER PARTY KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF THE DAMAGES AND WHETHER ARISING BASED ON NEGLIGENCE, TORT, OR BREACH OF CONTRACT. TO THE EXTENT THAT ANY COURT FINDS PROVIDER, US, OR ANY PROVIDER PARTY LIABLE FOR ANY CLAIM IN CONNECTION WITH THIS LICENSE, THE PRODUCT OR ANY SERVICES OR INFORMATION THE PRODUCT ACCESSES OR PROVIDES, AND TO THE EXTENT ALLOWED BY LAW, YOU AGREE THAT PROVIDER, WE, AND THE PROVIDER PARTIES SHALL COLLECTIVELY ONLY BE LIABLE FOR DIRECT DAMAGES AND THE MAXIMUM DAMAGES FOR ALL SUCH CLAIMS IN THE AGGREGATE SHALL BE NO GREATER THAN RMB 1,500 YUAN.
FURTHER, THIRD PARTY PROVIDERS ARE INDEPENDENT CONTRACTORS AND NOT OUR AGENTS OR EMPLOYEES. TO THE EXTENT PERMITTED BY LAW, WE DO NOT ASSUME LIABILITY FOR ANY INJURY, DAMAGE, DEATH, LOSS, ACCIDENT, OR DELAY DUE TO AN ACT OR OMISSION OF A THIRD PARTY PROVIDER.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE SHALL NOT BE RESPONSIBLE FOR ANY THIRD PARTY PROVIDER'S BREACH OF ANY WARRANTY INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT, OR ACCURACY, NOR SHALL WE BE RESPONSIBLE FOR ANY OTHER BREACH OR WRONGDOING OF A THIRD PARTY PROVIDER (INCLUDING ANY LIABILITY IN TORT), AS TO ANY PRODUCTS AND/OR SERVICES OR INFORMATION AVAILABLE THROUGH THE SERVICES. WE SHALL NOT BE RESPONSIBLE FOR ANY THIRD PARTY PROVIDER’S FAILURE TO COMPLY WITH THIS AGREEMENT NOR FOR ANY THIRD PARTY PROVIDER’S FAILURE TO COMPLY WITH APPLICABLE FEDERAL, NATIONAL AND LOCAL LAW.
18. Indemnification. In consideration of Provider’s provision of the Product to you without a fee and the rights granted to you in the License, you agree that you shall indemnify and hold Provider harmless from any and all liabilities, damages, costs, and expense (including legal fees) that it incurs as a result of any third party claim to the extent arising from your breach of this License or any other negligent or intentional misconduct.
19. Agreement to Arbitrate. If any disputes between you and us cannot be settled through amicable consultations, both parties agree to take the dispute to arbitration rather than litigation. The arbitration should be submitted to Shanghai Arbitration Commission.
20. Governing law. This Agreement shall be interpreted in accordance with and governed by the laws of the People’s Republic of China.
21. Export compliance. You will comply worldwide with all laws and regulations applicable with the Product. You may not use, export, re-export, import, sell, or transfer the Product except as authorized by United States law and any other applicable laws and regulations. In particular, but without limitation, the Product may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Persons List or Entity List. By using the Product, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the Product for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture, or production of nuclear, missiles, or chemical or biological weapons.
22. Notices. Provider may provide you with notices regarding the Product, including changes to this License, by email to your mail address associated with your account if available, by regular mail, or by postings on the Services.
23. Miscellaneous. You may not assign this License without permission of Provider. You, Provider and we are independent contracting parties. If any term of this Agreement is invalid or unenforceable, then it shall be severed from this Agreement and the remainder of the agreement shall remain in full force and effect. No condition of this License shall be deemed waived unless waived in writing by the party claimed to have waived. This License is the entire agreement between the parties with respect to its subject matter, and there are no other representations, understandings or agreements between the parties relative to such subject matter. You cannot change this License unless Provider agrees in writing to the change. Provider may modify this License by providing notice to you, and if you do not agree with any modification, then you must stop using the Product. Your continued use of the Product will be deemed acceptance of such modifications.
OnStar Service Agreement
The Terms of this Service Agreement are between you and Shanghai OnStar Telematics Co. Ltd (hereinafter referred to as "we", "us" or "OnStar"). These Terms apply to your use of OnStar Services (“OnStar Services”). THE TERMS OF THIS SERVICE AGREEMENT AND ALL ASSOCIATED DOCUMENTATION (collectively hereinafter referred to as the “Agreement”) ARE LEGALLY BINDING.
1. |
The Services that we currently provide can be found on OnStar Website, www.onstar.com.cn. Services that are available to you depend on the vehicle you purchase, and the OnStar Service Plan you order or are offered. |
2. |
Payment: Purchases of OnStar Services shall be prepaid. The total cost for the purchase of OnStar Services does not include any fees incurred from the services provided by any third parties. You should directly pay such fees to these third parties, such as emergency service providers, on-site service providers, towing companies, health care organizations, or hotels, etc. |
3. |
Agreement to Terms: You must accept this agreement to start using OnStar Services. Unless otherwise specified in applicable law, your acceptance of this Agreement takes effect when: (1) you sign the agreement; or (2) you visit OnStar Website and confirm your acceptance of the Agreement online; or (3) you purchase or lease a new vehicle or second-hand vehicle equipped with OnStar Services; or (4) you contact our advisor to complete the registration for OnStar Services; or (5) you, or anyone you authorize to use the vehicle, uses OnStar Services or receives any assistance from us, whichever is earlier. When you accept this Agreement, you are indicating that you understand and agree to be bound by the terms of this Agreement, as well as those incorporated by reference or attached herein, including, the OnStar Privacy Statement (available through dealer or as posted on www.onstar.com.cn), and other guidelines, policies, or procedures that we may communicate to you via postal mail, through your OnStar equipment in your vehicle, or on the OnStar Website. If you don't want to use any of the OnStar Services please contact us using the contact information provided below. Your disagreement with our collection or usage of any relevant information will make us unable to provide some or all OnStar Services. Unless otherwise specified in the applicable law, this Agreement takes effect from your acceptance of this Agreement as stated above, until some or all of the Services are canceled or terminated by you or us as permitted in this Agreement. |
4. |
Hands-Free Calling Minute and Data Package: After you have obtained OnStar Services, you need to buy minutes for wireless calls in order to use the Hands-Free Calling and hotspot data package in order to use hotspot data services in your vehicle. Hands-Free calling minutes and data services are realized via an OnStar device by using a wireless service provider's network. The wireless service provider will be responsible for the delivery and quality of Hands-Free calling minutes and data services. As the sales agent of the wireless service provider, OnStar only sells for wireless calls and hotspot data package, and shall not be held responsible for the quality of Hands-Free calling minutes and data services. With the consent of OnStar, you can transfer the remaining minutes to another OnStar enabled vehicle of yours, along with the remaining term of any OnStar Services (the activation of this feature is subject to the notification of OnStar). However, you cannot transfer the remaining data packages, nor can transfer the remaining minutes alone. In addition, if you cancel OnStar Services, the remaining minutes and data package will be invalidated and the wireless fee in relation to the remaining minutes and data package will not be returned to you. |
5. |
Data Collection / Privacy: OnStar collects, uses, and shares information from and about you and your vehicle, generally categorized as Account, Vehicle-Related, and Driving Information. The OnStar Privacy Statement describes what OnStar does with this information. You consent to the collection, use, and sharing of the information described in the Privacy Statement. If you sell, transfer, lease or dispose of your vehicle, you are advised to delete information about you contained in the vehicle or in your related account. |
6. |
Other Users: This Agreement applies to all users of OnStar Services in your vehicle, including but not limited to those who use your vehicle as well as its successive owners. You are responsible and liable for all activities of Other Users, including all access to or use of the OnStar Services. Without limiting the foregoing, it is your responsibility to: inform Other Users that their access to and use of the OnStar Services is subject to this Agreement, inform Other Users of the Privacy Statement that applies to the use of Services, and ensure that other comply with the applicable terms of this Agreement. |
7. |
Cancelation and Termination: The OnStar Services can be cancelled or terminated in the following circumstances: (1) You may cancel or terminate your OnStar Service at any time for any reasonable reason; and (2) To the extent not prohibited by law, we reserve the right to cancel or terminate your OnStar Services after 30 days of prior notice to you. |
8. |
Return Policy: The following refund policy will apply in cases of cancellation or termination of the OnStar Services: OnStar’s refund-related liability is limited to refunding to you for any prorated days remaining on your OnStar Services Plan that you have paid to us directly in advance. You will bear any service fees arising from such a refund and any such fees will be deducted directly from such refund. You won't be entitled to any refunds for OnStar Services provided to you for free. Upon the cancellation or termination of your OnStar Services, we have the right to deactivate or take back your OnStar account number and Hands-Free Calling number or/and data package. |
9. |
Authorized Requests: We only accept requests regarding the activation, termination, changes, reactivation or transfer of OnStar Services from you or any accredited representative. For the above mentioned services, we may charge related fees. With our consent, you can request to transfer the remaining service period to another vehicle during the term of OnStar Service Plan. However, any remaining services in a free service period cannot be transferred. |
10. |
Service Limitations: The OnStar Services are available only for Chinese Mainland. Signal strength of the wireless network in the area where you are driving may affect the quality and efficiency of our services. OnStar Services that use location information about your vehicle only work if GPS satellite signals are:(1) unobstructed, (2) available in that place, and (3) compatible with your vehicle systems. Further, your vehicle must have a working electrical system (including adequate battery power) for the OnStar system to operate. OnStar Services may not work if you haven’t maintained the OnStar equipment or your vehicle in good working order, do not comply with all applicable laws, or if you modify any hardware or software in your vehicle. The routing data we provide is based on the most current map information available to us, but the information may be inaccurate or incomplete due to the time lag in data update. We are not responsible for the resulting loss. You should use good judgment and evaluate whether following the system's directions is safe and lawful for the then conditions and you will be solely responsible for the resulting loss. If you install any hardware devices onto your vehicle, or make any customization or modification, the proper running of OnStar Services may be affected. We are not liable for any losses arising therefrom. |
11. |
Third-Party Service Providers: Third party service providers and OnStar are independent entities. OnStar only serves as a bridge between you or your vehicle and any third party service providers. We cannot guarantee a response or a timely response from third party service providers and are not accountable as to whether such third parties can make a response or a response from such third parties is timely. In addition, according to regulations in certain areas, emergency service providers may require confirmation the actual occurrence of an emergency before providing emergency aid and service. If we cannot hear your specific request or confirm that you are in an emergency situation after you have pressed the red emergency button in these areas (unless we were told in advance that you are deaf or hearing impaired), we cannot contact emergency service providers in these areas. We also may not contact emergency service providers in any location in response to emergency button presses from rental vehicles, vehicles that are moving, and vehicles located in certain locations such as dealerships, rental companies or your address, if we cannot hear your request for assistance. We will assume an emergency exists if the OnStar call center receives a crash alert from your vehicle. WE DO NOT GUARANTEE THAT THE ONSTAR SERVICES WILL OPERATE FREE OF ERROR OR IN THE MANNER IN WHICH YOU WISH TO USE THEM, OR THAT THEY WILL OPERATE AT ALL TIMES. |
12. |
System Software Updates: If the software inside your vehicle needs to be changed or upgraded, we may remotely deliver software updates or changes (including any type of update via any form of communication or data transmission, such as OTA) to your vehicle system without any further notice or consent. Software changes or updates may affect or even erase your personal information or data stored in the vehicle’s system. Please pay attention to the storage and backup of your personal information or data. You explicitly agree that we may make such updates or changes according to this paragraph. |
13. |
Stolen Vehicle Assistance: If the OnStar service packages you subscribed have include Stolen Vehicle Assistance, when you report that your vehicle is stolen or the vehicle occupant is missing, OnStar will make best efforts to locate the vehicle. |
14. |
Transfer of Services: When you buy or lease a used car, please contact us to create your own account and replace that of the former owner, if you want to continue to use OnStar Services in that vehicle. If you fail to contact us during the term of service, we'll continue to use the former owner's information on file with us, and send related diagnostics report and other service information to the email or mail address registered by the former owner. |
15. |
Duty to Notify OnStar of Sale or Transfer of Vehicle: When you sell, transfer or lease any vehicle registered under your OnStar account, you must notify us if you plan to sell or transfer your vehicle. If you sell, transfer or lease your vehicle without giving us formal notice, we'll continue to charge you authorized fees for your OnStar Service Plan, Hands-Free Calling or data services fees related to the vehicle. This is important to help protect your account and your personal information, and to avoid being charged for OnStar Services after your sale, transfer or lease. |
16. |
Limitation of Claims: Unless otherwise required by applicable laws, OnStar will not be liable for any monetary damages to you for any claims related our breach of this agreement; rather OnStar may compensate you for any such claims by extending the term of your OnStar Service Plan or offering other compensation. |
17. |
Agreement to Arbitrate: If any disputes between you and OnStar cannot be settled through amicable consultations, both parties agree to take the dispute to arbitration rather than litigation. The arbitration should be submitted to Shanghai Arbitration Commission. |
18. |
Contact Information: For more details about us or OnStar Services, please visit OnStar Website, www.onstar.com.cn. You can contact us at any time in the following ways:(1) call our 24-hour hotline at 400-820-1188, or send email to contactus@OnStar.com.cn; (2) press the blue button under the interior rear-view mirror to contact our OnStar Advisor;(3) write to us at Customer Relationship Department, Shanghai OnStar Telematics Co. Ltd, Floor 3, Building B, Xin-Ye Park, 1801 Hongmei Road, Xuhui District, Shanghai, 200233. |