TERMS AND CONDITIONS

TERMS AND CONDITIONS OF USE

Thank you for visiting the Canadian Mazda website (this "Site"). This Site is provided for your informational purposes only. This Site is provided to you by Mazda Canada Inc., its subsidiaries, affiliates, successors, assigns and third-party service providers (collectively "Mazda") solely under the terms and conditions of this agreement (this "Agreement"). Your use of this Site constitutes your agreement to all of the following terms and conditions. If you do not agree with these terms and conditions, you may not use this Site. You may print and keep a copy of this Agreement.

MODIFICATIONS OF TERMS AND CONDITIONS OF USE

Mazda reserves the right to change or modify the terms, conditions, and notices under which you may use this Site. Mazda shall post all changes or modifications to this Agreement on this Site. Each use of this Site shall constitute your acceptance of the then current provisions of this Agreement as posted on the Site.

USE OF THIS SITE

The information and materials contained at this Site, including the text, graphics, sound files, video files, logos, images, arrangement and general design of the Site (collectively, the "Content") is owned or licensed by Mazda and Mazda authorizes you to view or download a single copy of the Content solely for your personal, non-commercial use provided you retain all proprietary notices contained in the Content. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any Content. You may not use any Content for commercial purposes without obtaining Mazda's prior written consent, which consent may be withheld at Mazda's sole discretion.

You may not use this Site for any purpose that is unlawful or prohibited by the terms, conditions and notices contained herein. You may not use this Site in any manner which is contrary to all applicable local, provincial, national, international and foreign laws or regulations governing your use of this Site. You may not use this Site in any manner which could damage, disable, overburden or impair this Site or interfere with any other party's use and enjoyment of this Site.

CONTENT

All Content is intended solely for the Canadian market. Although Mazda uses reasonable efforts to update and ensure the accuracy of the Content, Mazda makes no warranties or representations as to its accuracy. Mazda assumes no liability or responsibility for any errors or representations contained in the Content.

Prices, product specifications and all other Content is made available for information purposes only and may not be accurate or complete. Unless otherwise specified, the prices indicated at this Site are the manufacturer's suggested retail price (msrp) and exclude all applicable taxes (including air conditioning excise tax, provincial sales tax and GST), title and registration fees, retailer pre-delivery and administrative charges, consumer rebates or incentives, retailer added options and destination and delivery charges as well as any other additional costs. Any calculation of price, tax or finance rates is provided as an estimate for your reference only. Only a Mazda Retailer can provide you with the actual price or lease cost, as applicable, of any vehicle or services you may wish to purchase.

MODIFICATION OF CONTENT

Mazda reserves the right to make changes to the Content, including all prices, models, services, equipment, specifications and availability, at any time without notice. If a posted price for a product or service is incorrect, Mazda is only responsible for the correct price, which Mazda shall provide you with upon becoming aware of the error. Mazda reserves the right to refuse or cancel any orders for products or services listed at an incorrect price.

YOUR INFORMATION

Except for your personal information, any material, information or idea you transmit to or post on this Site by any means ("Your Information") will be treated as non-proprietary. By transmitting Your Information you are granting Mazda and its affiliated companies permission to use Your Information for any purpose whatsoever, including, but not limited to: (i) developing and marketing products; and (ii) copying, distributing, transmitting, publicly displaying, publicly performing, reproducing, editing, translating and reformatting Your Information. By transmitting Your Information you warrant and represent that you own or otherwise control all rights to Your Information.

No compensation will be paid with respect to the use of Your Information. Mazda is under no obligation to use Your Information and may remove Your Information from this Site at any time in Mazda's sole discretion.

Any personal information that forms a part of Your Information will be treated in accordance with our Privacy Policy.

You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, profane or pornographic material, or any other material that could give rise to any civil or criminal liability under all applicable local, provincial, national, international and foreign laws or regulations governing this Site and your use thereof.

DISCLAIMER

The site and the content are provided on an "as is, where is" basis. Mazda disclaims all conditions, terms, representations and warranties, express or implied, statutory or otherwise, including but not limited to, implied warranties of merchantability, quality, fitness for a particular purpose, title and non-infringement, with respect to the site or any of the content.

Mazda does not warrant that the site and the content are free from errors or other program limitations or that the site and content will be accessible and perform in accordance with your expectations. This disclaimer shall apply to all damages or injuries incurred from or related to your use of this site including but not limited to failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of information pertaining to your owner's account. You specifically acknowledge that Mazda shall not be liable for any defamatory, offensive or illegal conduct of third parties.

Lease down payments are subject to tax. First lease payment may be pro-rated.

LIMITATION OF LIABILITY

The express warranties in this agreement are in lieu of all other warranties, conditions, terms, representations and obligations of the parties to this agreement. In no event shall Mazda be liable for any special, incidental, indirect, punitive or consequential damages whatsoever (including without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use the site or its content, even if Mazda has been advised of the possibility of such damages. In any case, the entire liability of Mazda under any provision of this agreement shall be limited to cad $5.00.

LINKS

Links to external web sites (the "Linked Sites") are provided only as a convenience and do not constitute an endorsement by Mazda of the owners or operators of the Linked Sites, an endorsement of the content, products, advertising or other materials contained in the Linked Sites, or any association between Mazda and the Linked Sites. Mazda is not in control of any of the Linked Sites and is not responsible for the contents of the Linked Sites, including without limitation any link contained in the Linked Sites or any changes or updates to the Linked Sites.

COPYRIGHTS

All Content is the sole property of Mazda. Permission is granted to electronically copy, display and print hard copy portions of this Site for your non-commercial use. Any other use of the Content, including but not limited to, reproduction for commercial purposes, modification, transmission, display, distribution or republication, without prior written permission of Mazda, is strictly prohibited.

ZOOM-ZOOM

Fox is the owner of the musical composition entitled "Zoom Zoom Zoom" aka "Zoom Zoom" composed by Kao Rossman ("Composition") for the theatrical motion picture entitled "ONLY THE STRONG" ("Picture") and has the exclusive right to grant all synchronization licence for use of the Composition

TRADEMARKS

Mazda and all other trademarks and service marks appearing on this Site are registered trademarks, trademarks or service marks of Mazda Motor Corporation, MAZDA Motor Manufacturing (USA) Corporation or Mazda. All custom graphics, icons, logos and other items that appear on this Site, other than the vehicles and their make and model names, are trademarks or service marks of Mazda. The use of any Mazda trademark or service mark without obtaining prior written consent from Mazda is strictly prohibited. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.

INDEMNITY

You agree to defend, indemnify and hold Mazda, its employees, directors and related entities harmless from and against any and all liabilities, costs and expenses including reasonable attorneys' fees, related to any violation of this Agreement by you or users of your Account or in connection with your use of this Site.

SEVERABILITY

If any provision of this Agreement is invalid or unenforceable under applicable law, then it shall be, to that extent, deemed omitted and the remaining provisions will continue in full force and effect.

ENTIRE AGREEMENT

Unless specifically provided herein, this Agreement constitutes the entire agreement between you and Mazda with respect to your use of this Site. This Agreement shall supersede all prior agreements, understanding, negotiations and discussions, either oral or written between the parties. There are no representations, warranties, conditions or other agreements, express or implied, statutory or otherwise, between the parties in connection with the use of this Site except as specifically set forth herein.

TERMINATION

This Agreement shall automatically terminate if you are in breach of any of the provisions contained herein. Mazda reserves the right, in its sole discretion, to terminate your access to this Site and the related services or any portion thereof at any time, without notice.

GOVERNING LAW AND JURISDICTION

This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein. You hereby expressly consent to the sole and exclusive jurisdiction and venue of the courts of the Province of Ontario, for any legal proceeding arising out of or relating to your use of this Site or this Agreement.

TERMS AND CONDITIONS — CONNECTED VEHICLE

These Mazda Connected Vehicle Terms and Conditions are a legally binding agreement between you, a user of a Connected Vehicle (defined below) and MyMazda App, and Mazda Canada Inc. (“us”, “our”, or “we”). Capitalized terms are defined in this Agreement.

If you do not agree with any of these terms, then you should decline this Agreement during our sign-up process or other methods we make available to you. You are not permitted to access or use any of the Services (defined below) if you do not agree to be bound by the Agreement. You must be of legal driving age and have either reached the age of majority for the relevant jurisdiction or have obtained the consent of your parent/legal guardian to this Agreement and our Privacy Policy to use the Services.

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 THIS AGREEMENT

When you accept this Agreement 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 this Agreement and the other terms, policies, guidelines, and processes they refer to (collectively, the “Agreement”), including, but not limited to: these Mazda Connected Vehicle Terms and Conditions; any additional or supplemental terms and conditions related to any specific Services you sign up for; and any other terms, guidelines, policies, or procedures that we, which will be presented to you at that time (e.g. through your Connected Vehicle, mobile device, etc.).

The Agreement is 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 Privacy Policy, which you agree to when you use the connected services.

Please note that this Agreement is specific to our Services, and does not apply to: our websites, applications, and other online services that we provide (“Online Services”); any third-party websites or applications that we do not own, operate, or control; or 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 Mazda Connected Vehicle Services are described on our 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 Section 18, 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: Services that may be offered to you at no additional fee for a defined period of time; or 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” or “MyMazda App”), and you accept this Agreement. This Agreement can only be accepted by you in your MyMazda account.

4. TYPES OF USERS:

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 this Agreement in MyMazda. There may be only one Primary User per Connected Vehicle/Vehicle Identification Number (VIN). As Primary User, if you let someone else use one of our products or services (e.g. your Connected Vehicle) you must inform them of this this Agreement, our Privacy Policy and of the privacy choices that you have made. Please note that both primary and secondary users have access to information within the app and relating to the Connected Vehicle.

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 this Agreement. It is your responsibility to ensure that any Secondary User you designate is of legal driving age and has either reached the age of majority for the relevant jurisdiction or has obtained the consent of their parent/legal guardian to this Agreement and out Privacy Policy. The Primary User may discontinue any Secondary User’s access to the Services at any time.

5. COMPLIMENTARY PERIOD OF THE SERVICES

The Services are currently offered on new Connected Vehicles only on a 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, and end when terminated by you or us in accordance with Section 6. 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. We reserve the right to cease to offer the Services on a complementary basis, and to offer Services on a paid basis at any time in our sole and absolute discretion.

6. CANCELLATION OF THE SERVICES

1. Your Cancellation Rights. You can cancel the Services at any time, with or without cause, and for either a complimentary period or paid service plan (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 notified of the sale or lease termination of your Connected Vehicle by you, a retailer, or new owner/lessee.
   
   Note that your cancellation of the Services does not cancel the collection of information from the Telematics Control Unit, as described in the Connected Vehicle Privacy Policy. You can contact us to deactivate your Telematics Control Unit; please see the ‘Contact Us’ section below for our contact information.
2. Our Cancellation Rights. The following does not limit Sections 11 and 11.3 of the Quebec Consumer Protection Act, if such sections are otherwise applicable. Without Cause: We may terminate your subscription at any time without cause, immediately, and without providing any prior notice to you. This means that we can decide to cease providing the Services to you at any time and for any reason, even for reasons unrelated to you or your subscription with us. We can also suspend your subscription at any time and for any reason. With Cause: We may terminate your subscription for any good cause, at any time, and without prior notice to you. This means, for example, we can terminate your subscription immediately if you breach any part of this Agreement, interfere with our connectivity efforts, interfere with our business, or if you use the Services for illegal or improper purposes. You do not have any right to have your Services reactivated, even if you cure any of these issues. We may, in our sole and absolute discretion, allow reactivation of your 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. For full 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 Privacy Policy.

8. VEHICLE IDLING

The federal, provincial and local governments may, from time to time, adopt laws or ordinances that limit vehicle idling and impose penalties for noncompliance. When using the Remote Engine Start feature (if applicable), you agree that you are solely responsible to understand and comply with all such idling laws, and you are solely responsible for any noncompliance infractions and/or penalties.

9. HOW THE SERVICES WORK, RESTRICTIONS AND LIMITATIONS

1. How Connectivity Works. Your Connected Vehicle includes a telematics control unit (“TCU”) that receives Global Position System (“GPS”) signals and wireless network signals to communicate with our network and response centers.
2. 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”).
3. Cross-Border Service Availability. The Services will not be available in Connected Vehicles sold by us outside of Canada (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.
4. 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 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 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
5. Third Party Service Providers and Beneficiaries. We contract with different third-party companies to provide you with Connectivity, including, but not limited to, a WSP and a Telematics Service Provider (“TSP”) (“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).
6. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOU HAVE NO CONTRACTUAL RELATIONSHIP WHATSOEVER WITH THE MAZDA FAMILY OF COMPANIES, OR THE UNDERLYING THIRD-PARTY SERVICE PROVIDERS AND THAT YOU ARE NOT A THIRD-PARTY BENEFICIARY OF ANY AGREEMENT BETWEEN US OR OUR PARENT COMPANY OR AFFILIATES (COLLECTIVELY, “MAZDA FAMILY OF COMPANIES”) AND THE THIRD-PARTY SERVICE PROVIDERS. IN ADDITION, TO THE FULLEST EXTENT PERMITTED BY THE APPLICABLE LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER THE MAZDA FAMILY OF COMPANIES NOR THE THIRD-PARTY SERVICE PROVIDERS SHALL HAVE ANY LEGAL, EQUITABLE, OR OTHER LIABILITY OF ANY KIND TO YOU, AND YOU HEREBY WAIVE ANY AND ALL CLAIMS OR DEMANDS THEREFOR.

10. YOUR DUTIES AND RESPONSIBILITIES

It is your responsibility to ensure your Connected Vehicle and the Services are working. You are solely responsible for any use of your Connected Vehicle and the Services, including any use under your 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 authorized. 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, 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 Mazda Connected Services, you promise:

1. 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;
2. Not to abuse or do anything to damage our business operations, services, reputation, employees, facilities, or any of the foregoing for our Third-Party Service Providers;
3. Not to use any content you receive through the Services except as expressly authorized by us;
4. 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
5. 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.

11. VEHICLE INSURANCE

You are responsible for your 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.

12. 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 this Agreement and the Connected Services Privacy Policy.

13. 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 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.

14. 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 Family of Companies, and/or any Third-Party Service Provider makes any warranties or conditions, 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, 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 provider by a Third-Party Service Provider are expressly disclaimed and excluded by this Agreement.

15. LIMITATIONS OF LIABILITY, LIQUIDATED DAMAGES, INDEMNITY

This Section 15 applies to the fullest extent permitted by the applicable law and does not limit Section 10 or Section 11.1 of the Quebec Consumer Protection Act, if such section is otherwise applicable.

Neither we, our Mazda Family of Companies, nor any Third Party Service Provider or beneficiary will be liable to you or any other party for consequential, indirect, incidental, special, or punitive damages (including, without limitation, lost profits) in connection with the Connected Vehicle or the Services, even if we, any of our Mazda Family of Companies, or a Third Party Service Provider or beneficiary is aware of the possibility of such damages. These limitations apply to all claims, including, without limitation, claims in contract and tort (such as negligence, product liability, and strict liability). Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so those particular limitations may not apply to you. If a Third Party Service Provider terminates or restricts wireless service compatible with your vehicle, the Services will not be available, and, under this circumstance, some or all of your Services may be suspended or terminated without prior notice to you and without any liability to us, our Mazda Family of Companies, Third Party Service Providers, or any third party beneficiary.

If we, any of our Mazda Family of Companies, or any Third Party Service Provider or beneficiary are found liable to you for any reason, you agree that the aggregate liability of all these parties to you for any claim is limited to the total amount paid by you for the Services. Neither us, our Mazda Family of Companies, nor any Third Party Service Provider or beneficiary would have agreed to provide the Services to you if you did not agree to this limitation. This amount is the sole and exclusive liability of us, our Mazda Family of Companies, and any Third Party Service Provider or beneficiary to you, and is payable as liquidated damages and not as a penalty. Except where prohibited by law, you may not bring any claim against us, any of our Mazda Family of Companies, or any Third Party Service Provider or third party beneficiary more than one (1) year after the claim arises. No one is liable to you for interrupted service, or for problems caused by or contributed to by you, by any third party, by buildings, hills, tunnels, network congestion, weather, or any other things we, our Mazda Family of Companies, or our Third Party Service Providers do not control.

BY ENTERING INTO THIS AGREEMENT, 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 OUR MAZDA FAMILY OF COMPANIES, NOR ANY OF OUR THIRD-PARTY SERVICE PROVIDERS ARE LIABLE TO YOU FOR DROPPED CALLS, INTERRUPTED SERVICE, OR 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, OUR MAZDA FAMILY OF COMPANIES, AND OUR THIRD-PARTY SERVICE PROVIDERS DO NOT CONTROL.

For yourself and for anyone else claiming under you, you agree to release and discharge Mazda Canada Inc., the Mazda Family of Companies, and its/their Third Party Service Providers and third party beneficiaries, and, for each, their parents, affiliates, and subsidiaries, and the respective officers, directors, and employees, 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, even if caused by or based upon the negligence, gross negligence, strict product liability, unfair trade practice violations, bad faith, or breach of warranty of us or the malfunction of the Connected Vehicle. You agree to indemnify us, 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 this Agreement will survive even after the Agreement has ended. These limitations of liability apply 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.

16. HOW WILL WE RESOLVE DISPUTES BETWEEN US?

The following paragraphs apply to the fullest extent permitted by the applicable law, and do not limit Sections 11.1 and 19 of the Quebec Consumer Protection Act, if such sections are otherwise applicable.

We expect that our Customer Assistance Centre 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, you and we agree to the following resolution process:

1. In an attempt to find the quickest and most efficient resolution of our issues, you and we agree to first discuss any issue informally for at least 30 days. To do that, please send your full name, your email and/or mailing address, your concern, and your proposed solution by certified mail to us at:55 Vogell Road Richmond Hill, Ontario Canada, L4B 3K5 Attn: Legal Department.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.
2. IF WE DO NOT REACH AN AGREED UPON SOLUTION AFTER OUR DISCUSSIONS FOR AT LEAST 30 DAYS, YOU AND WE AGREE THAT ANY CLAIM THAT EITHER OF US MAY HAVE ARISING OUT OF OR RELATING TO THESE CONNECTED VEHICLE TERMS AND CONDITIONS AND THE AGREEMENT (INCLUDING FORMATION, PERFORMANCE, OR BREACH OF THEM), OUR RELATIONSHIP WITH EACH OTHER, OR USE OF THE MAZDA CONNECTED SERVICES MUST BE RESOLVED THROUGH BINDING INDIVIDUAL ARBITRATION BEFORE THE AMERICAN ARBITRATION ASSOCIATION USING ITS CONSUMER ARBITRATION RULES, AVAILABLE HERE. AS AN EXCEPTION TO THIS ARBITRATION AGREEMENT, EITHER YOU OR WE MAY PURSUE IN SMALL CLAIMS COURT ANY CLAIM THAT IS WITHIN THAT COURT'S JURISDICTION AS LONG AS YOU PROCEED ONLY ON AN INDIVIDUAL BASIS.

NOTHING HEREIN SHALL BE CONSTRUED TO PRECLUDE ANY PARTY FROM SEEKING INJUNCTIVE RELIEF IN ORDER TO PROTECT ITS RIGHTS PENDING AN OUTCOME IN ARBITRATION.

TO HELP RESOLVE ANY ISSUES BETWEEN US PROMPTLY AND DIRECTLY, YOU AND WE AGREE TO BEGIN ANY ARBITRATION WITHIN ONE YEAR AFTER A CLAIM ARISES; OTHERWISE, THE CLAIM IS WAIVED.

YOU AND WE ALSO AGREE TO ARBITRATE OR PURSUE A CLAIM IN SMALL CLAIMS COURT IN EACH OF YOUR AND OUR INDIVIDUAL CAPACITIES ONLY, NOT AS A REPRESENTATIVE OR MEMBER OF A CLASS, AND YOU AND WE EXPRESSLY WAIVE ANY RIGHT TO FILE A CLASS ACTION OR SEEK RELIEF ON A CLASS BASIS.

If you initiate the arbitration, your arbitration fees will be limited to the filing fee set forth in the AAA's Consumer Rules. Regardless of who initiates the arbitration, we will pay any other arbitration fees, including your share of arbitrator compensation.

IT IS IMPORTANT THAT YOU UNDERSTAND THAT BY ENTERING INTO THIS AGREEMENT, BOTH YOU AND WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AGAINST THE OTHER PARTY FOR CLAIMS THAT ARE COVERED BY THIS “DISPUTE RESOLUTION AND ARBITRATION” SECTION. THE ARBITRATOR'S DECISION WILL BE CONCLUSIVE AND BINDING AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION.

If the arbitrator rules against us, in addition to accepting whatever responsibility is ordered by the arbitrator, we will reimburse your reasonable attorneys’ fees and costs, regardless of who initiated the arbitration. In addition, if the arbitrator rules in our favor, we will not seek reimbursement of our attorneys’ fees and costs, regardless of who initiated the arbitration

If you're not sure what all of this means, please feel free to consult with a lawyer.

The above paragraphs do not apply to any claim (i) in which a party is attempting to protect its intellectua property rights (such as its patent, copyright, trademarks, trade secret, or morals rights, but not including its privacy or publicity rights, or (ii) that may be brought in small-claims court.

IF THIS SECTION IS HELD TO BE INVALID OR UNENFORCEABLE, THEN FOR ANY CLAIMS THE PARTIES CONSENT TO PERSONAL JURISDICTION AND EXCLUSIVE VENUE IN THE CAPITAL CITY OF THE PROVINCE WHOSE LAWS GOVERN THIS AGREEMENT (AS SET OUT IN SECTION 17), OTHER THAN IN ALBERTA THE VENUE SHALL BE CALGARY AND IN BRITISH COLUMBIA THE VENUE SHALL BE VANCOUVER.

17. GOVERNING LAW

This Agreement and any disputes arising out of or relating to it shall be governed by the laws of the province or territory in which it is entered into by you.

18. 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, or by asking you to read and accept a new version of this Agreement. We may give you notice by posting a new version of the Agreement on our website, and/or where required by law or at our discretion, sending a message to the email address (or other contact information at our discretion) associated with your account, setting out the new clause, or the amended clause and the clause as it read formerly, and the date of the coming into force of the amendment. Your continued access or use of any of the Services after expiry of the notice period, or your acceptance of the new version of this Agreement, will be deemed to be your agreement to such modifications to the Agreement. If someone other than you is using your Connected Vehicle that time, you agree that such person is authorized to agree on your behalf. If you do not agree with any modification, then you may terminate the Services as set out in this Agreement, without cost, penalty or cancellation indemnity, by sending us 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 this Agreement and you do not do so within the time period we specify, we can terminate this Agreement immediately upon the expiration of such time period.

19. SOFTWARE UPDATES

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

1. 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.
2. 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.
3. To protect your security, your rights and the security of your Connected Vehicle and its Software we may monitor systems in your Connected Vehicle in accordance with applicable laws and implement protective measures within such systems to defend against security threats.

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

20. INTELLECTUAL PROPERTY

We grant you a non-commercial, non-exclusive, non-transferable, limited, terminable license to use the Services, throughout Canada, subject to your compliance with the Agreement. The Services are licensed, not sold, to you, 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 hereby acknowledge that 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 shall 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 this Agreement are expressly reserved. For greater certainty, you agree that you will not take any action that is inconsistent with our ownership of the Services.

21. MISCELLANEOUS

1. Force Majeure: Neither we, any of our Mazda Family of Companies, 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 this Agreement without prior notice to you and without any liability; moreover, you will not be entitled to any refund or credit.
2. How We Can Communicate with Each Other: Any written notice from you required by this Agreement will be considered given when we receive it at our address provided above. Any written notice from us required by this Agreement 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 this Agreement. You agree to the use of electronic signatures and documents. You agree that your name and signature shall be affixed to this agreement and constitute your electronic signatures to the same extent as if you had used your written signature.
3. Who Else This Agreement Covers: Our Mazda Family of Companies and our Third Party Service Providers are intended beneficiaries of this Agreement. Your passengers and drivers of your Connected Vehicle are covered by this Agreement, and you are responsible to sufficiently notify them as such.
4. Our Relationship with You: This Agreement does not create any fiduciary relationship between you and us, or between you and any of our Mazda Family of Companies, or any of our Third Party Service Providers. It also does not create any relationship of principal and agent, partnership, or employer and employee.
5. We Can Assign This Agreement: We may assign this Agreement, including your obligations to us, in whole or in part to anyone we choose without notice to you. You cannot assign this Agreement (or any portion thereof) without our prior written consent and any attempted assignment, without our written consent, is null and void.
6. This Is the Entire Agreement: This Agreement is the entire Agreement between you and us with respect to the subject matter hereof. It supersedes all past or present agreements or representations between us, whether oral or written. If any part of this Agreement is considered invalid by a court or arbitrator, the rest of it will remain enforceable. Even after this Agreement has ended, its provisions will govern any disputes arising out of or relating to it, unless it has been replaced by a new agreement between us. This Agreement will also be binding on your heirs and successors and on our successors. No waiver of any part of this Agreement, or of any breach of it, 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; that decision will not be a waiver of any term of this Agreement or require us to do so again.
7. Language: The parties hereto confirm that it is their wish that this Agreement, and all documents relating hereto, including all notices, have been and shall be drawn up in the English language only. Les parties aux présentes confirment leur volonté que cette convention, de mȇmo que tous les documents, y compris tout avis, qui s’y rattachent, soient, rédigés en langue anglaise.

22. CONTACT US

If you have any questions or concerns about this Agreement, please contact our Customer Experience Center at 1-800-263-4680. You may also write to us at:

Last updated: September 1, 2021

TERMS AND CONDITIONS - PREPAID SUBSCRIPTIONS

These Mazda Connected Vehicle Terms and Conditions are a legally binding agreement between you, a user of a Connected Vehicle (defined below) and MyMazda App, and Mazda Canada Inc. (“us”, “our”, or “we”). Capitalized terms are defined in this Agreement.

If you do not agree with any of these terms, then you should decline this Agreement during our sign-up process or other methods we make available to you. You are not permitted to access or use any of the Services (defined below) if you do not agree to be bound by the Agreement. You must be of legal driving age and have either reached the age of majority for the relevant jurisdiction, or have obtained the consent of your parent/legal guardian to this Agreement and our Privacy Policy to use the Services.

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 this Agreement

When you accept this Agreement 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 this Agreement and the other terms, policies, guidelines, and processes they refer to (collectively, the “Agreement”), including, but not limited to: these Mazda Connected Vehicle Terms and Conditions; any additional or supplemental terms and conditions related to any specific Services you sign up for; and any other terms, guidelines, policies, or procedures that we, which will be presented to you at that time (e.g. through your Connected Vehicle, mobile device, etc.).

The Agreement is 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 Privacy Policy, which you agree to when you use the connected services.  

Please note that this Agreement is specific to our Services, and does not apply to: our websites, applications, and other online services that we provide (“Online Services”); any third-party websites or applications that we do not own, operate, or control; or 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 Mazda Connected Vehicle Services are described on our 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 Section 19, 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: Services that may be offered to you at no additional fee for a defined period of time; or 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” or “MyMazda App”), and you accept this Agreement. This Agreement can only be accepted by you in your MyMazda account.

4. Types of Users:

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 this Agreement in MyMazda. There may be only one Primary User per Connected Vehicle/Vehicle Identification Number (VIN).

As Primary User, if you let someone else use one of our products or services (e.g. your Connected Vehicle) you must inform them of this this Agreement, our Privacy Policy and of the privacy choices that you have made. Please note that both primary and secondary users have access to information within the app and relating to the Connected Vehicle.

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 this Agreement. It is your responsibility to ensure that any Secondary User you designate is of legal driving age and has either reached the age of majority for the relevant jurisdiction, or has obtained the consent of their parent/legal guardian to this Agreement and our Privacy Policy. The Primary User may discontinue any Secondary User’s access to the Services at any time.

5. Trial Period of the Services

The Services are currently offered on new Connected Vehicles for an initial period of two (2) years (“Trial Period”). After the Trial Period, your subscription will continue for the period you selected when you first purchased or leased your Connected Vehicle, subject to your, and our, rights of cancellation set out in Section 7, or, if you did not purchase a subscription when you first purchased or leased your Connected Vehicle, and you do not do so prior to the end of your Trial Period (if Mazda offers such option), it will expire. The Trial 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, and end on the date two (2) years following that date, or when earlier terminated by you or us in accordance with Section 7. If the Connected Vehicle is sold or transferred during the Trial Period, you must contact us to cancel the Services, as set out in Section 7. The new owner or lessee may be able to subscribe to the Services independently should they choose to and should Mazda make such option available; however, the remaining period in a Subscription may not be transferred to a new owner of the Connected Vehicle. You cannot transfer your Trial Period of the Services to another vehicle or Connected Vehicle. We reserve the right to cease to offer Trial Periods in respect of the Services at any time in our sole and absolute discretion.

6. Payment and Term Length

Following the Trial Period, the length and price of your subscription plan, and how and when you are charged, will depend on the option you selected when you first purchased or leased your Connected Vehicle. Currently, Mazda offers the following subscription plans (each a “Subscription”), each offered at a price that is stated below , which may be purchased (i) at the time you lease or purchase your vehicle, or (ii) within 60 days from your warranty start date (“60 Day Window”):  

If you purchased your Connected Vehicle prior to November 7, 2022, you will have a 160 day window (“160 Day Window”) to purchase Mazda’s offered subscription plans, each Subscription is offered at a price that is stated above.

Following your 60 Day Window, your 160 Day Window or your Trial Period, whichever is applicable, Mazda offers the following month-to-month subscription plan, which is currently offered at the price stated below:

If you have leased or financed your Connected Vehicle, you may choose to have the total price of your Subscription and applicable taxes added to the principal of your financial or lease agreement, in which case payments will be required and interest will apply in accordance with your lease or financial agreement. Please consult your financial or lease agreement for details. This option is only available when you first purchase or lease your Connected Vehicle. You may alternately choose to pay for your Subscription up-front in accordance with the next passage. If you choose to have the total price of your Subscription and applicable taxes added to the principal of your financial or lease agreement, Mazda will NOT be responsible for refunding the interest paid if your Subscription is terminated early.

If you have not financed or leased your Connected Vehicle, or choose to pay up-front, the cost of your Subscription will be billed in its entirety when you enter this Agreement, (i.e. at the start of the Trial Period), and you will be asked to provide billing information, including your first and last name, email, and billing address. The applicable taxes will also be billed at this time, and depend on your jurisdiction of residence. All amounts are in Canadian dollars.

At the end of your chosen Subscription term, your Subscription and access to the Services will end. However, if Mazda makes the option available, you may choose to purchase a new Subscription at our then current prices and terms.

7. Cancellation of the Services and Refunds

1.  Your Cancellation Rights. You can cancel the Services at any time, with or without cause, and either during the Trial Period or paid Subscription plan, by contacting your Mazda authorized dealer. To cancel, you must provide your proof of ownership for you Connected Vehicle, and the Connected Vehicle subscription declaration copy. The subscription declaration form is provided to you by the dealer at the time of your Connected Vehicle purchase. If you used financing for your Subscription, the refund will be issued jointly in your name and that of your financial institution, unless you obtain and provide us with a release from the financer (if applicable). You may wish to contact your financer to obtain a copy of the release. The cancellation effective date is the date on which you place a request to cancel your Subscription with your authorized Mazda dealer, 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. If you cancel during the Trial period, you will receive a full refund of all amounts you had paid to Mazda for the subscription. If you cancel after the Trial Period, you will receive a prorated refund of the price paid for your Subscription plan calculated based on number of days that had elapsed from the paid period of your Subscription on the date you cancel, compared with the total length of the Subscription you had purchased (the paid period is the term of your Subscription outside the Trial Period). For Cancellation during the paid period, the refund you receive will have a cancellation fee of $35 deducted from it. The refund will be provided in the form of a cheque (made to the customer and/or if applicable a lien holder(s)), or via such other method as we may determine in our discretion. Please allow up to 45 days for any refund to be processed. Please note that if you used financing for your Subscription, the terms of your financing are between you and your financial services provider. Mazda will NOT be responsible for refunding the interest paid if your Subscription is terminated early. Please consult your financial or lease agreement for details.

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 notified of the sale or lease termination of your Connected Vehicle by you, a dealer, or new owner/lessee.

Note that your cancellation of the Services does not cancel the collection of information from the Telematics Control Unit, as described in the Connected Vehicle Privacy Policy. You can contact us to deactivate your Telematics Control Unit; please see the ‘Contact Us’ section below for our contact information.

b. Our Cancellation Rights. The following does not limit Sections 11 and 11.3 of the Quebec Consumer Protection Act, if such sections are otherwise applicable.

Without Cause: We may terminate your Subscription at any time without cause, immediately, and unless required by applicable law, without providing any prior notice to you. This means that we can decide to cease providing the Services to you at any time and for any reason, even for reasons unrelated to you or your Subscription with us. We can also suspend your Subscription at any time and for any reason. If we terminate a Subscription for which you have paid, we will provide you with a refund of the amounts paid to Mazda, calculated as described under Section 7a. above. No cancellation fee will be applied to the refund should Mazda terminate your subscription without cause.

With Cause: We may terminate your Subscription for any good cause, at any time, and without prior notice to you. This means, for example, we can terminate your Subscription immediately if you breach any part of this Agreement, interfere with our connectivity efforts, interfere with our business, or if you use the Services for illegal or improper purposes. You do not have any right to have your Services reactivated, even if you cure any of these issues. We may, in our sole and absolute discretion, allow reactivation of your Services. If we cancel your Subscription with cause, you will not receive any refund.

8. 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. For full 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 Privacy Policy.

9. Vehicle Idling

The federal, provincial and local governments may, from time to time, adopt laws or ordinances that limit vehicle idling and impose penalties for noncompliance. When using the Remote Engine Start feature (if applicable), you agree that you are solely responsible to understand and comply with all such idling laws, and you are solely responsible for any noncompliance infractions and/or penalties.

10. How the Services Work, Restrictions and Limitations.

1.  How Connectivity Works. Your Connected Vehicle includes a telematics control unit (“TCU”) that receives Global Position System (“GPS”) signals and wireless network signals to communicate with our network and response centers.
2.  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”).
3. Cross-Border Service Availability. The Services will not be available in Connected Vehicles sold by us outside of Canada (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.
4. 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 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 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
5. Third Party Service Providers and Beneficiaries. We contract with different third-party companies to provide you with Connectivity, including, but not limited to, a WSP and a Telematics Service Provider (“TSP”) (“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).
6. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOU HAVE NO CONTRACTUAL RELATIONSHIP WHATSOEVER WITH THE MAZDA FAMILY OF COMPANIES, OR THE UNDERLYING THIRD-PARTY SERVICE PROVIDERS AND THAT YOU ARE NOT A THIRD-PARTY BENEFICIARY OF ANY AGREEMENT BETWEEN US OR OUR PARENT COMPANY OR AFFILIATES (COLLECTIVELY, “MAZDA FAMILY OF COMPANIES”) AND THE THIRD-PARTY SERVICE PROVIDERS. IN ADDITION, TO THE FULLEST EXTENT PERMITTED BY THE APPLICABLE LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER THE MAZDA FAMILY OF COMPANIES NOR THE THIRD-PARTY SERVICE PROVIDERS SHALL HAVE ANY LEGAL, EQUITABLE, OR OTHER LIABILITY OF ANY KIND TO YOU, AND YOU HEREBY WAIVE ANY AND ALL CLAIMS OR DEMANDS THEREFOR.

11. Your Duties and Responsibilities.

It is your responsibility to ensure your Connected Vehicle and the Services are working. You are solely responsible for any use of your Connected Vehicle and the Services, including any use under your 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 authorized. 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, 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 Mazda Connected Services, you promise:

1. 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;
2. Not to abuse or do anything to damage our business operations, services, reputation, employees, facilities, or any of the foregoing for our Third-Party Service Providers;
3. Not to use any content you receive through the Services except as expressly authorized by us;
4. 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
5. 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.

12. Vehicle Insurance

You are responsible for your 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.

13. 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 this Agreement and the Connected Services Privacy Policy.

14. 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 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.

15. 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 Family of Companies, and/or any Third-Party Service Provider makes any warranties or conditions, 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, 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 provider by a Third-Party Service Provider are expressly disclaimed and excluded by this Agreement.

16. LIMITATIONS OF LIABILITY, LIQUIDATED DAMAGES, INDEMNITY

This Section 16 applies to the fullest extent permitted by the applicable law, and does not limit Section 10 or Section 11.1 of the Quebec Consumer Protection Act, if such section is otherwise applicable.

Neither we, our Mazda Family of Companies, nor any Third Party Service Provider or beneficiary will be liable to you or any other party for consequential, indirect, incidental, special, or punitive damages (including, without limitation, lost profits) in connection with the Connected Vehicle or the Services, even if we, any of our Mazda Family of Companies, or a Third Party Service Provider or beneficiary is aware of the possibility of such damages. These limitations apply to all claims, including, without limitation, claims in contract and tort (such as negligence, product liability, and strict liability). Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so those particular limitations may not apply to you. If a Third Party Service Provider terminates or restricts wireless service compatible with your vehicle, the Services will not be available, and, under this circumstance, some or all of your Services may be suspended or terminated without prior notice to you and without any liability to us, our Mazda Family of Companies, Third Party Service Providers, or any third party beneficiary.

If we, any of our Mazda Family of Companies, or any Third Party Service Provider or beneficiary are found liable to you for any reason, you agree that the aggregate liability of all these parties to you for any claim is limited to the total amount paid by you for the Services. Neither us, our Mazda Family of Companies, nor any Third Party Service Provider or beneficiary would have agreed to provide the Services to you if you did not agree to this limitation. This amount is the sole and exclusive liability of us, our Mazda Family of Companies, and any Third Party Service Provider or beneficiary to you, and is payable as liquidated damages and not as a penalty. Except where prohibited by law, you may not bring any claim against us, any of our Mazda Family of Companies, or any Third Party Service Provider or third party beneficiary more than one (1) year after the claim arises. No one is liable to you for interrupted service, or for problems caused by or contributed to by you, by any third party, by buildings, hills, tunnels, network congestion, weather, or any other things we, our Mazda Family of Companies, or our Third Party Service Providers do not control.

BY ENTERING INTO THIS AGREEMENT, 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 OUR MAZDA FAMILY OF COMPANIES, NOR ANY OF OUR THIRD-PARTY SERVICE PROVIDERS ARE LIABLE TO YOU FOR DROPPED CALLS, INTERRUPTED SERVICE, OR 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, OUR MAZDA FAMILY OF COMPANIES, AND OUR THIRD-PARTY SERVICE PROVIDERS DO NOT CONTROL.

For yourself and for anyone else claiming under you, you agree to release and discharge Mazda Canada Inc., the Mazda Family of Companies, and its/their Third Party Service Providers and third party beneficiaries, and, for each, their parents, affiliates, and subsidiaries, and the respective officers, directors, and employees, 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, even if caused by or based upon the negligence, gross negligence, strict product liability, unfair trade practice violations, bad faith, or breach of warranty of us or the malfunction of the Connected Vehicle. You agree to indemnify us, 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 this Agreement will survive even after the Agreement has ended. These limitations of liability apply 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.

17. How will we resolve disputes between us?

The following paragraphs apply to the fullest extent permitted by the applicable law, and do not limit Sections 11.1 and 19 of the Quebec Consumer Protection Act, if such sections are otherwise applicable.

We expect that our Customer Assistance Centre 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, you and we agree to the following resolution process:

1. In an attempt to find the quickest and most efficient resolution of our issues, you and we agree to first discuss any issue informally for at least 30 days. To do that, please send your full name, your email and/or mailing address, your concern, and your proposed solution by certified mail to us at: 55 Vogell Road, Richmond Hill, Ontario, Canada, L4B 3K5, Attn: Legal Department. 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.
2. IF WE DO NOT REACH AN AGREED UPON SOLUTION AFTER OUR DISCUSSIONS FOR AT LEAST 30 DAYS, YOU AND WE AGREE THAT ANY CLAIM THAT EITHER OF US MAY HAVE ARISING OUT OF OR RELATING TO THESE CONNECTED VEHICLE TERMS AND CONDITIONS AND THE AGREEMENT (INCLUDING FORMATION, PERFORMANCE, OR BREACH OF THEM), OUR RELATIONSHIP WITH EACH OTHER, OR USE OF THE MAZDA CONNECTED SERVICES MUST BE RESOLVED THROUGH BINDING INDIVIDUAL ARBITRATION BEFORE THE AMERICAN ARBITRATION ASSOCIATION USING ITS CONSUMER ARBITRATION RULES, AVAILABLE HERE. AS AN EXCEPTION TO THIS ARBITRATION AGREEMENT, EITHER YOU OR WE MAY PURSUE IN SMALL CLAIMS COURT ANY CLAIM THAT IS WITHIN THAT COURT'S JURISDICTION AS LONG AS YOU PROCEED ONLY ON AN INDIVIDUAL BASIS.

NOTHING HEREIN SHALL BE CONSTRUED TO PRECLUDE ANY PARTY FROM SEEKING INJUNCTIVE RELIEF IN ORDER TO PROTECT ITS RIGHTS PENDING AN OUTCOME IN ARBITRATION.

TO HELP RESOLVE ANY ISSUES BETWEEN US PROMPTLY AND DIRECTLY, YOU AND WE AGREE TO BEGIN ANY ARBITRATION WITHIN ONE YEAR AFTER A CLAIM ARISES; OTHERWISE, THE CLAIM IS WAIVED.

YOU AND WE ALSO AGREE TO ARBITRATE OR PURSUE A CLAIM IN SMALL CLAIMS COURT IN EACH OF YOUR AND OUR INDIVIDUAL CAPACITIES ONLY, NOT AS A REPRESENTATIVE OR MEMBER OF A CLASS, AND YOU AND WE EXPRESSLY WAIVE ANY RIGHT TO FILE A CLASS ACTION OR SEEK RELIEF ON A CLASS BASIS.

If you initiate the arbitration, your arbitration fees will be limited to the filing fee set forth in the AAA's Consumer Rules. Regardless of who initiates the arbitration, we will pay any other arbitration fees, including your share of arbitrator compensation.

IT IS IMPORTANT THAT YOU UNDERSTAND THAT BY ENTERING INTO THIS AGREEMENT, BOTH YOU AND WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AGAINST THE OTHER PARTY FOR CLAIMS THAT ARE COVERED BY THIS “DISPUTE RESOLUTION AND ARBITRATION ” SECTION. THE ARBITRATOR'S DECISION WILL BE CONCLUSIVE AND BINDING AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION.

If the arbitrator rules against us, in addition to accepting whatever responsibility is ordered by the arbitrator, we will reimburse your reasonable attorneys’ fees and costs, regardless of who initiated the arbitration. In addition, if the arbitrator rules in our favor, we will not seek reimbursement of our attorneys’ fees and costs, regardless of who initiated the arbitration.

If you're not sure what all of this means, please feel free to consult with a lawyer.

The above paragraphs do not apply to any claim (i) in which a party is attempting to protect its intellectual property rights (such as its patent, copyright, trademarks, trade secret, or morals rights, but not including its privacy or publicity rights, or (ii) that may be brought in small-claims court.

IF THIS SECTION IS HELD TO BE INVALID OR UNENFORCEABLE, THEN FOR ANY CLAIMS THE PARTIES CONSENT TO PERSONAL JURISDICTION AND EXCLUSIVE VENUE IN THE CAPITAL CITY OF THE PROVINCE WHOSE LAWS GOVERN THIS AGREEMENT (AS SET OUT IN SECTION 19), OTHER THAN IN ALBERTA THE VENUE SHALL BE CALGARY AND IN BRITISH COLUMBIA THE VENUE SHALL BE VANCOUVER.

18. Governing Law

This Agreement and any disputes arising out of or relating to it shall be governed by the laws of the province or territory in which it is entered into by you.

19. Modification to the Agreement.

We may modify all or any portion of this Agreement at any time and from time to time, by adding, deleting or changing any term, by providing notice to you at least thirty (30) days in advance of the change, or by asking you to read and accept a new version of this Agreement. Without limiting the forgoing, this may include changes to our Services, prices, payment terms, and Subscription and terms. We may give you notice by posting a new version of the Agreement on our website, and/or where required by law or at our discretion, sending a message to the email address (or other contact information at our discretion) associated with your account, se formerly, and the date of the coming into force of the amendment. Your continued access or use of any of the Services after expiry of the notice period, or your acceptance of the new version of this Agreement, will be deemed to be your agreement to such modifications to the Agreement. If someone other than you is using your Connected Vehicle that time, you agree that such person is authorized to agree on your behalf. If you do not agree with any modification, then you may terminate the Services as set out in this Agreement, without cost, penalty or cancellation indemnity, by sending us 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 this Agreement and you do not do so within the time period we specify, we can terminate this Agreement immediately upon the expiration of such time period.

20. Software Updates.

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

1. 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.
2. 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.
3. To protect your security, your rights and the security of your Connected Vehicle and its Software we may monitor systems in your Connected Vehicle in accordance with applicable laws and implement protective measures within such systems to defend against security threats.

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

21. Intellectual Property

We grant you a non-commercial, non-exclusive, non-transferable, limited, terminable license to use the Services, throughout Canada, subject to your compliance with the Agreement. The Services are licensed, not sold, to you, 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 hereby acknowledge that 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 shall 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 this Agreement are expressly reserved. For greater certainty, you agree that you will not take any action that is inconsistent with our ownership of the Services.

22. Miscellaneous

1. Force Majeure: Neither we, any of our Mazda Family of Companies, 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 this Agreement without prior notice to you and without any liability; moreover, you will not be entitled to any refund or credit.
2. How We Can Communicate with Each Other: Any written notice from you required by this Agreement will be considered given when we receive it at our address provided above. Any written notice from us required by this Agreement 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 this Agreement. You agree to the use of electronic signatures and documents. You agree that your name and signature shall be affixed to this agreement and constitute your electronic signatures to the same extent as if you had used your written signature.
3. Who Else This Agreement Covers: Our Mazda Family of Companies and our Third Party Service Providers are intended beneficiaries of this Agreement. Your passengers and drivers of your Connected Vehicle are covered by this Agreement, and you are responsible to sufficiently notify them as such.
4. Our Relationship with You: This Agreement does not create any fiduciary relationship between you and us, or between you and any of our Mazda Family of Companies, or any of our Third Party Service Providers. It also does not create any relationship of principal and agent, partnership, or employer and employee.
5. We Can Assign This Agreement: We may assign this Agreement, including your obligations to us, in whole or in part to anyone we choose without notice to you. You cannot assign this Agreement (or any portion thereof) without our prior written consent and any attempted assignment, without our written consent, is null and void.
6. This Is the Entire Agreement: This Agreement is the entire Agreement between you and us with respect to the subject matter hereof. It supersedes all past or present agreements or representations between us, whether oral or written. If any part of this Agreement is considered invalid by a court or arbitrator, the rest of it will remain enforceable. Even after this Agreement has ended, its provisions will govern any disputes arising out of or relating to it, unless it has been replaced by a new agreement between us. This Agreement will also be binding on your heirs and successors and on our successors. No waiver of any part of this Agreement, or of any breach of it, 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; that decision will not be a waiver of any term of this Agreement or require us to do so again.
7. Language: The parties hereto confirm that it is their wish that this Agreement, and all documents relating hereto, including all notices, have been and shall be drawn up in the English language only. Les parties aux présentes confirment leur volonté que cette convention, de mȇme que tous les documents et avis y afférent soient, rédigés en langue anglaise.

23. Contact Us

If you have any questions or concerns about this Agreement, please contact our Customer Experience Center at 1-800-263-4680. You may also contact us at 55 Vogell Road, Richmond Hill, Ontario, L4B 3K5. Additional information regarding contacting us is available at https://www.mazda.ca/en/about/contact-us/.

Last updated: September 27, 2022