The all-new Mazda Mild Hybrid introduces many firsts into an already impressive lineup of SUVs. The CX-90 houses cutting-edge driver personalization technologies with the most powerful engine ever engineered for a Mazda. Each new detail, from available Premium Nappa Leather interiors and the largest ever infotainment display to new i-Activsense safety features, all ladder up to the most exhilarating, connected drive ever designed in a luxury, 3-row Mazda SUV.
Explore the Mazda CX-90
The sculpted curves and bold contours of the Mazda3 makes it a standout in its class, with a refined, human-centric interior that will ignite the driver in you. Our latest Skyactiv engines combine outstanding performance with excellent fuel economy while offering responsiveness and that unique Mazda fun-to-drive feeling.
EXPLORE THE MAZDA3
From short commutes to lasting journeys, there is an electrified powertrain that meets your needs. Find out more to discover which type of electrified vehicle is the perfect fit.
EXPLORE ELECTRIC
The MX-5 Soft Top is informed by our human-centric engineering philosophy. From our advanced Skyactiv-Vehicle Dynamics for fuel-efficient driving to our new Kinematic Posture Control (KPC) to stabilize cornering posture, we are refining the classic roadster.
EXPLORE THE MAZDA MX-5 SOFT TOP
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.
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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 Connected Services Privacy Policy to use the Services.
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 Services 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 at [*] and Privacy Policy on our website at [*] . For details regarding Mazda Connect, please refer to your Owner’s Manual.
Certain Connected Vehicle Services are described in detail below, however, for additional Mazda Connected Vehicle Services, please visit our website at https://www.mazda.ca/en/discover-mazda/innovation/my-mazda-app-connected-vehicle/, which describes other 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.
a. Private Ecall: In the event where you encounter an incident that impairs your safety or in an emergency, you may have the option to obtain emergency services through one of our call centres. Certain Connected Vehicles are equipped with a SOS button that when pushed, it will provide the location information of the Connected Vehicle and connect you with our call centre who will help assess the situation and dispatch emergency services, such as the local police, paramedics, firefighters, if required. For a list of the applicable Connected Vehicles, please visit our website at [*] . You understand that we cannot assure you, or make any guarantees, about the manner or timeliness of such third party response or even whether third party emergency responders will in fact respond to your emergency at all or in a timely manner. If your Connected Vehicle’s airbag is deployed and the Connected Vehicle is equipped with the ecall feature, a call will be initiated immediately without you having to push the SOS button. For the ecall feature to work, please note that the following requirements must be met: (a) you must have enrolled for Connected Vehicle Services and the Connected Vehicle must be one of the models that is equipped with ecall; (b) you must have clicked on “Allow” on the MyMazda App when prompted to activate the ecall feature, (c) there must be an available cellular network coverage in the location of the Connected Vehicle, and (d) the Connected Vehicle must be located in Canada. YOU UNDERSTAND THAT IF ANY ONE OF THE REQUIREMENTS ARE NOT FOLLOWED, THE ECALL FUNCTION WILL NOT WORK AS INTENDED AND WE CANNOT GUARANTEE ANY ASSISTANCE. The call centre offers services in both English and French, through various service agents. For other languages, a standby interpreter may be available, however this is subject to availability. After the trial period has expired, you must subscribe for the ecall feature through one of our subscription packages in order to have access to it. If you do not subscribe after the trial period has expired, your Connected Vehicle will not be equipped with this ecall feature. You can subscribe at any time. The ecall feature is not to be confused with our roadside assistance feature. These are two distinct features that offer a different type of service. Nevertheless, if you use the ecall feature and you in fact require roadside assistance, our call centre agents can connect you with the roadside assistance agent.
b. Stolen Vehicle Assistance: Certain Connected Vehicles are equipped with a stolen vehicle assistance (“SVA”) feature, which feature must be enabled through the MyMazda App. The SVA feature can assist the local police in the event that your Connected Vehicle is stolen. For a list of the applicable Connected Vehicles, please visit our website at [*]. As soon as you find out that your Connected Vehicle was stolen, please contact the local police. You must ensure that you receive the necessary information from the local police in order to submit the request to us. For example, ensure that you obtain a police case ID, police report number, officer name or the contact information of the local police. It is imperative that you have a case number before you submit the “Vehicle Tracking” request, which must be done through the MyMazda App. Once the “Vehicle Tracking” request is made, please call the phone number on your screen, which will lead you to the call centre. A call centre agent will then verify the case number or the police report, in order to initiate the live tracking and send this information to the local authorities which may help the local police locate your Connected Vehicle. We will track your Connected Vehicle for a period of up to 30 days from when the initial request is made. You can submit another request to track the Connected Vehicle after the 30 day period has expired. THE INFORMATION OBTAINED FROM THE LIVE TRACKING OF THE VEHICLE’S LOCATION WILL NOT BE SHARED WITH YOU UNDER ANY CIRCUMSTANCES. FOR YOUR SAFETY, THIS INFORMATION IS ONLY SHARED WITH THE LOCAL AUTHORITIES TO ENSURE THE APPROPRIATE PROCEDURE IS FOLLOWED. The call centre offers services in both English and French, through various service agents. For other languages, a standby interpreter may be available, however this is subject to availability. After the trial period has expired, you must subscribe for the SVA feature through one of our subscription packages in order to have access to it. If you do not subscribe after the trial period has expired, your Connected Vehicle will not be equipped with this feature. You can subscribe at any time. In addition to the subscription plan, the SVA feature requires a working electrical system, cell reception, and GPS (as defined below) signal. The SVA feature is available in Canada only. The SVA feature is intended to assist with vehicle recovery and does not prevent theft or protect against damage or loss. The SVA feature helps authorities locate stolen vehicles more quickly, which increases the chance of a successful recovery. While we can assist local police to help you locate your Connected Vehicle, WE CANNOT GUARANTEE THAT YOUR CONNECTED VEHICLE WILL BE LOCATED, OR THAT THE LOCAL AUTHORITIES WILL ASSIST IN A TIMELY MANNER, AND YOU AGREE TO THE WAIVER SET OUT IN SECTION 15 OF THIS AGREEMENT. Please contact your independent insurance for any additional information regarding your stolen Connected Vehicle, which terms are independent from our Mazda Connected Vehicle Terms and Conditions.
In addition to any specific terms or instructions of a certain Service as further set out in Section 2 of this Agreement, 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.
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 Agreement, our Connected Services 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 MyMazda 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 Connected Services Privacy Policy. The Primary User may discontinue any Secondary User’s access to the Services at any time.
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, including a 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.
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 on our website [*]
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.
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 Connected Services, you promise:
a. not to use the Services for any fraudulent, unlawful, or abusive purpose, or in any way that interferes with our provision of the Services to our other customers;
b. not to abuse or do anything to damage our business operations, services, reputation, employees, facilities, or any of the foregoing for our Third-Party Service Providers;
c. not to use any content you receive through the Services except as expressly authorized by us;
d. not to resell, copy, store, reproduce, distribute, modify, display, publish, perform, transmit, broadcast, or create derivative works from any content you receive through the Services; and
e. not to use any content you receive through the Services for commercial purposes.
If you, any of your designated Secondary Users, or any other person who uses your Connected Vehicle, do/does any of these things, you agree you will be solely responsible for any payment of any amount of any third-party claim owed by us or our Third-Party Service Providers, plus any expenses, or losses, resulting in whole or in part, from such actions taken by you or your Secondary Users or such other person.
You are responsible for maintaining all legally required and appropriate vehicle insurance on your Connected Vehicle. The Services are not an insurance product and do not provide you with liability insurance for your Connected Vehicle.
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.
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.
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.
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.
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:
A. 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.
B. 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 CANADIAN ARBITRATION ASSOCIATION (“CAA”) USING ITS ARBITRATION RULES, AVAILABLE AT https://canadianarbitrationassociation.ca/?page_id=17. 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 CAA's Arbitration 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, 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 legal 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 legal 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 17), OTHER THAN IN ALBERTA THE VENUE SHALL BE CALGARY AND IN BRITISH COLUMBIA THE VENUE SHALL BE VANCOUVER.
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.
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.
You consent to us accessing the systems associated with your Connected Vehicle for the following purposes:
a. To remotely access, deliver, install, update, upgrade or change software, data, applications and related settings on your Connected Vehicle (such items collectively referred to as “Software”) without further notice or consent.
b. To suspend or limit your access to or use of the Services without further notice to you and without liability to you to address system issues, issues with your account, or other issues that may impact performance, enjoyment, or security of the Services, or if we need to change the Services to address performance, safety, or security issues, or due to changes in technology, consumer interests, regulatory requirements, or business needs.
c. 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.
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.
a. 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, labour 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.
b. 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 (2) 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.
c. 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.
d. 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.
e. 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.
f. 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.
g. 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, y compris tout avis, qui s’y rattachent, soient, rédigés en langue anglaise.
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: January 25, 2024
WARNING!
DRIVER DISTRACTION MAY OCCUR IF THIS MOBILE APPLICATION IS VIEWED WHILE OPERATING A MOTOR VEHICLE. DRIVING WHILE DISTRACTED CAN RESULT IN THE LOSS OF VEHICLE CONTROL, RESULTING IN A COLLISION CAUSING PROPERTY DAMAGE, SERIOUS INJURY, OR DEATH. A DRIVER SHOULD NOT USE ANY MOBILE DEVICE OR THIS MOBILE DEVICE APPLICATION WHILE OPERATING A MOTOR VEHICLE.
These MyMazda Application Terms and Conditions (the or these “Terms”) are applicable to your access to and use of the MyMazda mobile application and the services available through it (the “Application”), which may include services for your Mazda Connected Vehicle (“Vehicle”) provided by Mazda Canada Inc. (also, “Mazda”, “our”, “us”, or “we”). By installing, accessing or using the Application, you acknowledge that you understand and agree to be bound by these Terms. If you do not understand or agree to be bound by these Terms, do not install, access or use the Application.
When you accept these Terms and access or use the Application on your mobile device, you agree to the following:
1. Additional Terms and Conditions. In addition to these Terms, please note that the services offered in the Application (the “Services”) are governed by the Mazda Connected Vehicle Service Terms located at www.mazda.ca (the “Connected Vehicle Terms”). By using the Services offered in the Application, you agree to be bound by the Connected Vehicle Terms, as applicable.
2. Collection of Information. We may collect, use, and disclose your personal information as described in the Connected Vehicle Privacy Policy posted at www.mazda.ca.
3. Security of Account. IT IS YOUR RESPONSIBILITY TO SAFEGUARD YOUR ACCOUNT AND MOBILE DEVICE. ANYONE WITH ACCESS TO THE APPLICATION THROUGH YOUR MOBILE DEVICE MAY BE ABLE TO ACCESS INFORMATION ABOUT YOUR ACCOUNT AND YOUR VEHICLE, INCLUDING THE LOCATION OF YOUR VEHICLE.
4. Use of the Application. You will only use the Application when it is safe to do so, in compliance with the law and these Terms, and you will not use the Application while driving. You will not use the Application to harass or harm any person, or for any improper, unlawful, or unauthorized purpose.
5. Application Compatibility. Use of the Application requires Internet access (fees may apply) and may not be supported by all mobile devices and/or operating system software. The Application may require periodic updates, upgrades and enhancements, which may affect the performance of the Application, including its functionality on any particular mobile device. You acknowledge and agree that your mobile device will need to meet certain minimum requirements in order for the Application to operate on your mobile device, which requirements are set out in our “Frequently Asked Questions” page at https://www.mazda.ca/en/discover-mazda/innovation/my-mazda-app-connected-vehicle/, as may be amended from time to time. You agree that meeting these requirements is your responsibility.
6. Cancellation Rights. You may cancel the Services at any time by contacting us as described in the Connected Vehicle Terms. You cannot cancel the Services through the Application simply by uninstalling the Application from your mobile device; however, you may choose to uninstall the Application if you wish to do so.
7. Sale or Transfer of Your Vehicle. You are required to notify us of a sale or transfer of your 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 Vehicle, we may continue to send reports or other information about the Vehicle or account to contact information currently on file with us, and the previous owner may be able to continue to use the Services in respect of the 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 Vehicle, you must cease using the Application in respect of such Vehicle. If a new owner opens an account in respect of a Vehicle, any prior accounts in respect of such Vehicle will be terminated.
8. Third-Party Access. We are not responsible for the acts of third parties who may access the Application and information through your mobile device. You should use all security features of your mobile device, including any password, locking, or encryption features, to protect against unauthorized access and use of the Application and your information.
9. Third-Party Services. The following section does not limit Section 10 of Quebec’s Consumer Protection Act, if such legislation is otherwise applicable. Your use of the Application may involve services made available to you by third parties, such as the wireless services provided for your mobile device by your wireless carrier, map and data services, roadside assistance services and online services made available to you by your authorized Mazda dealership. Use of services made available by third parties may involve you sharing your location, search query, and other data. You can disable sharing of your mobile device location in your mobile device settings. We cannot guarantee the reliability or security of these third-party services and we are not responsible for any damages caused by these third-party services, such as any loss of personal information through third-party network services.
10. Notifications. Provided you enable notifications in your mobile device settings, we may send notifications directly to your mobile device for our advertising purposes in accordance with applicable law, or to communicate relevant recall, safety, or Application-related information (“Notices”). If at any time you wish to discontinue receiving Notices from us on your mobile device, you can disable notifications for the Application in your mobile device settings.
11. Rights to the Application. We grant you a non-commercial, non-exclusive, non-transferable, limited, terminable licence to use the Application solely with your mobile device, throughout Canada, subject to your compliance with the Terms. The Application is licensed, not sold, to you, and is solely for your personal use, and not for any commercial purpose. We retain all right, title, and interest in and to the Application, and all related data and information, including all intellectual property and proprietary rights and interests. You hereby acknowledge that the Application is protected by all copyright, trademark, and other applicable intellectual property laws. Your use of the Application does not grant or transfer to you any ownership or other rights in the Application, and except as expressly provided, nothing herein or within the Application shall be construed as conferring on you or any other person any licence 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 Application in any manner whatsoever. Any rights not expressly granted to you in these Terms are expressly reserved. For greater certainty, you agree that you will not take any action that is inconsistent with our ownership of the Application.
12. Updates. From time to time, we may remotely update, upgrade, modify, delete or stop supporting the Application for any reason, including, without limitation, to enhance Application or system functionality or stability, or to address potential safety or security concerns. You agree that we may at any time automatically update, upgrade, modify, delete, or stop supporting the Application. If the Application is updated, upgraded or modified, whether to enhance or correct features or functionality, then these Terms will apply to the updates, upgrades and modifications in addition to any other terms that are presented to you in connection with the update, upgrade or modification.
13. Restrictions on Your Use of the Application. You may not:
a. use, copy, modify, download or transfer the Application or any component of the Application, in whole or in part, except as expressly provided in the Terms;
b. (i) reverse engineer, disassemble, decompile, or translate the Application; (ii) attempt to derive the source code of the Application; (iii) create any derivative work from the Application; and/or (iv) authorize or assist any third party to do any of the foregoing;
c. rent, lease, loan, resell for profit, or distribute the Application, or any part thereof;
d. remove or alter any proprietary notice or legend regarding our, or any third party’s, proprietary rights in the Application;
e. use the Application except in accordance with applicable laws and regulations and the Terms; or
f. use the Application: (i) to defraud any third party; (ii) to distribute obscene or other unlawful materials or information; and/or (iii) to disseminate or encourage conduct that could constitute a criminal offence or give rise to civil liability.
14. No Warranties.
SOME JURISDICTIONS, INCLUDING QUEBEC, LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO THE EXTENT SUCH JURISDICTIONS’ LAW IS APPLICABLE TO THIS LICENCE, IN WHICH CASE MAZDA’S WARRANTIES AND CONDITIONS WILL BE LIMITED TO THE EXTENT PERMITTED BY APPLICABLE LAWS.
MAZDA MAKES NO REPRESENTATIONS OR WARRANTIES IN RESPECT OF THE APPLICATION OR ANY INFORMATION THAT THE APPLICATION MAKES AVAILABLE TO YOU. THE APPLICATION AND ANY INFORMATION THAT IS MADE AVAILABLE TO YOU ARE PROVIDED “AS IS” AND “AS AVAILABLE”, INCLUDING WITH ALL FAULTS AND ERRORS AS MAY OCCUR THEREIN. TO THE EXTENT PERMITTED BY APPLICABLE LAW AND UNLESS PROHIBITED BY APPLICABLE LAW, MAZDA, ON BEHALF OF ITSELF AND ALL PERSONS AND PARTIES ACTING BY, THROUGH OR FOR IT, EXPLICITLY DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS, LEGAL, EXPRESS, IMPLIED OR COLLATERAL, INCLUDING THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, ACCURACY, NON-INFRINGEMENT, QUALITY AND FITNESS FOR A PARTICULAR PURPOSE. MAZDA DOES NOT WARRANT THAT THE APPLICATION 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. MAZDA DOES NOT WARRANT THAT USE OF THE APPLICATION WILL BE UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE OR THAT DEFECTS IN THE APPLICATION WILL BE CORRECTED. MAZDA DOES NOT GUARANTEE THAT THE APPLICATION WILL OPERATE ON YOUR MOBILE DEVICE, AND YOU AND ONLY YOU WILL BE RESPONSIBLE FOR ALL REPAIRS TO YOUR MOBILE DEVICE AND ANY OTHER LOSSES ACTUALLY OR ALLEGEDLY CAUSED BY THE APPLICATION.
15. Limitation of Liability.
SOME JURISDICTIONS, INCLUDING QUEBEC, DO NOT ALLOW FOR THE EXCLUSION OR LIMITATION OF LIABILITY AND, IF REQUIRED BY APPLICABLE LAW, THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.
Mazda and our parent company or affiliates (collectively, “Mazda Family of Companies”) shall not be responsible for any incorrect or inaccurate information, whether caused by users or by any of the equipment, your mobile device or programming associated with or utilized in the Application or by any technical or human error which may occur in the processing of submissions in the Application. Mazda and our Mazda Family of Companies assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or authorized access to the Application.
Unless otherwise provided for in these Terms, Mazda and our Mazda Family of Companies shall not be responsible for any problems or technical malfunction of any communication network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or text communication on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to you or to any other person’s computer or mobile device related to or resulting from using the Application. If, for any reason, the Application is not capable of operating as planned, including infection by a virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Mazda or our Mazda Family of Companies, which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Application and the Services offered through the Application, Mazda or our Mazda Family of Companies reserves the right to cancel, terminate, modify or suspend the use of the Application, which may affect the access and use of the Services.
You agree to indemnify and hold harmless Mazda and our Mazda Family of Companies, and our directors, sponsors, officers, consultants, agents, and employees against and from all claims, damages, liabilities, costs and expenses asserted by third parties alleging that your use of the Application includes obscenity, libel, slander, or infringes upon the third party’s intellectual property or privacy rights. You further agree to not knowingly, damage or cause interruption to the Application; or obtain or modify another user’s non-public account information without their consent.
16. Dispute Resolution. If a dispute arises, you will resolve it with us as set out in the section “Dispute Resolution” in the Connected Vehicle Terms and is hereby incorporated by reference.
17. Amendments. We may modify these Terms, 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 these Terms. We may give you notice by posting a new version of the Terms 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 Application after expiry of the notice period, or your acceptance of the new version of the Terms, will be deemed to be your agreement to such modifications to the Terms. If someone other than you is using the Application, you agree that such person is authorized to agree on your behalf. If you do not agree with any modification, then you may uninstall the Application and terminate the Services as set out in the Connected Vehicle Terms, without cost or penalty, 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 the Terms and you do not do so within the time period we specify, we can suspend the use of the Application and Services until acceptance of the revised Terms.
18. Apple Inc. Mobile Devices. If your mobile device is a device from Apple Inc. or its affiliates or authorized resellers (collectively, “Apple Inc.”), then the following paragraph applies: You are entering into these Terms, with Mazda and not with Apple. However, Apple and its subsidiaries are third-party beneficiaries of these Terms, and Apple may enforce the Terms. We are solely responsible, as provided in these Terms, for the Application and its associated information; Apple makes no warranty with respect to the Application or the information and has no obligation whatsoever to furnish any maintenance and support services for the Application. Apple is not responsible for addressing any claims relating to the Application or its associated information or your possession or use of the Application, including but not limited to: (i) product liability claims, (ii) any claims that the Application fails to conform to any legal or regulatory requirement, and (iii) claims arising under consumer protection and similar legislation. If a third party claims that the Application, its associated information, or your possession or use of the Application or associated information infringes a third party’s intellectual property rights, Apple is not responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. You acknowledge that you have reviewed the App Store Terms made available by Apple and that you shall comply with such terms.
19. Contact Us. If you have any questions or concerns about the Application or these Terms, 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/.
Effective Date: March 11, 2024
