Terms of use of the GWM APP
These Terms of Use were last updated on 12/02/2024.
About Us
We are HAVAL MOTORS AUSTRALIA PTY LTD ("GWM", "we", "our" or "us"), ABN 68 166 119 795.
Address: 745 Springvale Road, Mulgrave VIC 3170, Australia
E-mail: app@gwmanz.com
Overview of these Terms of Use of the GWM APP
The following terms and conditions ("Terms of Use") apply to your use of the GWM APP (hereinafter "App") that we make available for you to download from third-party application stores. You can access the content of the Terms of Use at any time by going to “Me > Settings > About > Terms of Use”. To print or save, you can access these terms and conditions at [www.gwmanz.com/app/terms].
Privacy Policy [www.gwmanz.com/app/privacy] explains how we collect, process and protect your personal information when using the App.
Structure of these Terms of Use
These Terms of Use comprise:
a. this summary page;
b. the terms which follow (the Terms of Use); and
c. the GWM Connect Service Agreement which relates to GWM Connect [www.gwmanz.com/app/agreement].
If there are any discrepancies between these Terms of Use and the GWM Connect Service Agreement, the terms of the GWM Connect Service Agreement shall prevail to the extent of the inconsistency.
The additional terms for third-party platform providers can be found at the end of these Terms of Use.
By downloading, accessing and/ or using the App, you confirm that you accept and agree to be bound by these Terms of Use and acknowledge that they constitute a legally binding contract between you and us. If you do not agree to these Terms of Use, you should not download, access or use the App.
1. Intellectual Property Rights
1.1 We grant you a limited, personal, royalty-free, non-exclusive, non-transferable, revocable and non-sub licensable right to use the App, solely in accordance with these Terms of Use and subject to any other instructions as provided by us to you in relation to your use of the App. In addition, we have the exclusive right to exploit, use, licence, sell, reproduce, modify or adapt any and all parts of the App.
1.2 You shall not copy, modify, create derivative works, reverse compile, reverse engineer or extract source codes from the App, and you shall not sell, distribute, redistribute or sublicense the App, except in each case to the extent that you are permitted to do so under applicable laws or regulations. Where applicable laws or regulations entitle you to reverse compile or extract source codes from the App, you will first contact us to request the information you need.
1.3 We or our licensors reserve all intellectual property rights in or to the App and in any content of or accessible through the App (including text, graphics, software, photographs and other images, videos, sound, trademarks and logos). You acknowledge and agree that all intellectual property rights in or to the App (including all new versions and maintenance releases) belong and will continue to belong to us or the relevant owner. Except as expressly provided in these Terms of Use, you have no right to use any intellectual property rights relating to the App.
1.4 The app contains open source software, which is licensed according to the respective open source licence conditions (rather than the terms in section 1.3 above). You can view the open source licences and the associated information list on [www.gwmanz.com/app].
2. Functions of the app
2.1 Registration and management of a user account
To access or use the functions within the App, you are required to create and register an account ("GWM Account" or "Account"). When you create this Account via the GWM App, you must enter your email address, password and the confirmation code which is automatically sent to you by email. You will then receive your GWM ID. You can manage your Account and update your profile at any time via the App. It is important that you keep your Account information confidential and do not disclose it to any third party. You agree that you are solely responsible (to us and to others) for the activity that occurs under your Account by you and any person you share your Account information with.
2.2 Connected Vehicle Services
Our GWM Connect feature allows you to get live updates from your vehicle straight to the App on vehicle status, battery charge and estimated range, tire pressure and other elements and to control some functions in the vehicle remotely through the GWM App, which may include locking/ unlocking, headlights flash, horn, closing sunroof (where provided) and windows, air conditioning and temperature controls, seat ventilation, battery charging (where provided) and location-based services. However, the extent to which these features are available will depend on the model of vehicle. The GWM Connect services involve a separate paid subscription (although if you are the first owner of a relavant vehicle you may be offered a free trial period in respect of GWM Connect via the GWM App) and are subject to the GWM Connect Service Agreement [www.gwmanz.com/app/agreement].
2.3 In-Vehicle Infotainment
Our In Vehicle Infotainment services allow us to make recommendations based on your preferences in relation to, amongst other things, your music preferences and seat positioning. Our Driver Monitoring System (DMS) can be used to provide safety alerts. An additional agreement applies in respect of the In Vehicle Infotainment services, and further information in relation to how we collect and process your personal information when you use these services, please see our In-Vehicle Infotainment Privacy Policy.
Requirements
2.4 You must be at least 18 years old to register for and use the App and accept these Terms of Use. This App is intended to be used only by individuals who are able to enter into a binding agreement with us. By using the App, you confirm to us that you meet above mentioned requirements. We believe in minor’s online safety and if we receive any information regarding anyone under the age of 18, we may delete it and suspend your Account.
2.5 You may only use the App in accordance with these Terms of Use (and in accordance with any applicable terms of any relevant third-party service provider for the device to which you download, or on which you access or use, the App) and only for lawful purposes (including complying with all applicable laws and regulations regarding your use of the App), and in a responsible manner.
2.6 It is your responsibility to ensure that your device has all the necessary system requirements and connectivity for the App to run. The system requirements and other technical requirements for using the App can be found at the online store from which you first downloaded the App. Please be aware that the App, or individual functions of the App, can only be used properly if your device is up to date and you have appropriate internet connectivity.
3. Links to third-party websites
The App may contain links to other third party websites which are not provided by us. Such independent sites are not under our control, and we are not responsible for the content or operation of such websites.
4. Data protection
The protection of your personal information is important to us. Details on how we collect and process your personal information can be found in our privacy policy by going to “Me > Settings > About > Privacy Policy” or you can read our Privacy Policy here [www.gwmanz.com/app/privacy].
5. Your obligations
5.1 You must obtain permission from the owner of any device that is controlled, but not owned, by you if you wish to download the App to that device. You accept responsibility, in accordance with these Terms of Use, for all access to, and use of, the App by you on any device, whether or not it is owned by you.
5.2 You acknowledge that the mobile service provider for the device to which you download, or on which you access or use, the App may charge you for internet access (including mobile data usage) on that device.
5.3 You undertake to use the App only for such purposes and in such a way that it does not violate these Terms of Use or applicable law or infringe the rights, including intellectual property rights, of us or any third parties.
5.4 You must provide truthful and accurate information when registering your Account and take reasonable steps to keep your user name and password safe.
5.5 You must not transmit any material that is defamatory, offensive or otherwise objectionable via the App.
5.6 You must not knowingly use the App in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users.
5.7 If you allow another person to use the APP on your terminal device, it is part of your duty of care to point out the Terms of Use and to monitor compliance appropriately.
5.8 We may, acting reasonably and on notice to you, suspend your access to the App if you breach your obligations under these Terms of Use, until such time as the breach is remedied to our reasonable satisfaction.
6. Third party platform providers and application stores
The ways in which you can use the App may also be subject to Apple App Store’s rules and policies https://www.apple.com/au/legal/internet-services/itunes/au/terms.html. Please also see the section at the end of these Terms of Use called “Additional Terms for Third Party Platform Providers”.
7. Changes to the App
7.1 From time to time we may automatically update the App where the update is reasonably necessary to improve performance, enhance functionality, reflect changes and fix bugs to the operating system or address security issues. Alternatively, we may ask you to update the App where the update is reasonably necessary for these reasons. You are not obliged to download the updated App, but we may cease to support and/or update content for prior versions of the App and, depending on the nature of the update, in some circumstances you may not be able to continue using the App until you have downloaded the updated version. The App will work with the current or previous operating system and match the description of it provided when you downloaded it.
7.2 These Terms of Use also apply to all updates, upgrades and programme supplements for the App that are made available to you by us for download via the online store from which you first downloaded the App, insofar as these are not a new service which is the subject of a separate licence agreement. In this case, only the provisions of the applicable licence agreement shall apply.
7.3 You agree that updates to the App may be automatically installed in accordance with the settings of your operating system. Any available updates will be displayed to you in the App. If the updates require additional authorisations, you will be informed of this before installation. If you do not provide these additional authorisations, the update will not be installed and we may cease to support and/or update content for prior versions of the App and, depending on the nature of the update, in some circumstances you may not be able to continue using the App.
8. Amendments to this Terms of Use
We reserve the right to change and amend these Terms of Use from time to time to the extent the change or amendment is reasonably necessary to protect our legitimate interests, such as to reflect a change in law or a change in the functionality of the App. Such changes will be notified to you in advance in the App, however you should look at the Terms of Use regularly to check for such changes. You will need to agree to the changes to continue using the App and if you do not agree to the new Terms of Use, you must stop accessing or using the App.
9. Termination of use
9.1 You can cancel and terminate the use of the App at any time and without notice to us by deleting the App from your mobile device.
9.2 We may terminate these Terms of Use (and with it your right to use the App) with immediate effect by giving written notice to you if you: (a) breach a material term of these Terms of Use which breach is irremediable or (if such breach is remediable) you fail to remedy that breach within a period of 30 days after being notified in writing to do so; (b) repeatedly breach any term or terms of the Terms of Use in such a manner as to reasonably justify the opinion that your conduct is inconsistent with you having the intention or ability to give effect to Terms of Use; (c) are declared bankrupt.
10. Warranty and Liability
10.1 Except as set out in these Terms of Use and subject to your rights at law (including under any consumer protection laws applicable in Australia, including the Australian Consumer Law, and New Zealand's Consumer Guarantees Act 1993 (“Consumer Protection Laws”)): (a) you agree that downloading, accessing and use of the App are on an 'as is' and 'as available' basis and at your sole risk; and (b) we make no warranty or representation to you with respect to the App or its contents. In particular we do not represent or warrant to you that:
·your use of the App and its contents will meet your requirements;
·your use of the App will be uninterrupted, timely, secure or free from error;
·defects in the operation or functionality the App or of any services provided to you via the App will be corrected.
10.2 Except as set out in these Terms of Use and subject to your rights at law (including under the Consumer Protection Laws), whilst we will exercise reasonable care and skill in the design and availability of the App, we make or give no representation or warranty as to the accuracy, completeness, currency, correctness, reliability, integrity, quality, fitness for purpose or originality of any content of the App and, to the fullest extent permitted by law, all implied warranties, conditions or other terms of any kind are hereby excluded.
10.3 Subject to your rights at law (including under the Consumer Protection Laws), you acknowledge that, whilst we try to make sure that content made available by the App consisting of information of which we are the source is correct, you acknowledge that the App may make content available which is derived from a number of sources (including information you provide to us), and we are not responsible for any information which is derived from such other sources.
10.4 If any warranty, guarantee, condition or term is implied or imposed by any applicable law and cannot be excluded, including under the Consumer Protection Laws (a “Non-excludable Provision”), and we are able to limit our remedy for a breach of the Non-excludable Provision, then our liability for breach of the Non-excludable Provision is limited exclusively (so far as applicable laws do not prohibit) to, at our option: (a) in the case of services, the supplying of the services again, or the payment of the cost of having the services supplied again; and (b) in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or acquiring equivalent goods, or the payment of the cost of having the goods repaired.
10.5 Other than where these Terms of Use constitute a consumer contract or a small business contract, as those terms or similar terms are defined in section 23 of the Australian Consumer Law or New Zealand's Fair Trading Act 1986, or where the limitation is not permitted by law (including under any Consumer Protection Laws), and subject to clause 10.6 below, we will not be liable to you (whether for breach of contract, tort (including negligence), breach of statutory duty, misrepresentation or for any other reason) for any amount greater than 500 AUD.
10.6 Other than where these Terms of Use constitute a consumer contract or a small business contract, as those terms or similar terms are defined in section 23 of the Australian Consumer Law or New Zealand's Fair Trading Act 1986, or where the limitation is not permitted by law (including under any Consumer Protection Laws), we shall not be liable to you under or in connection with the App or these Terms of Use (whether for breach of contract, tort (including negligence), breach of statutory duty, misrepresentation or for any other reason) for: (a) indirect, special, incidental or consequential damages; (b) loss of profits; (c) lost revenue or losses resulting from business disruption; (d) loss of damage to business or goodwill; or (e) loss of customers or contracts, in each case even if we have been advised of the possibility of such damages.
10.7 You are responsible for any mobile charges that may apply to your use the App, including text-messaging and data charges. If you are unsure what those charges may be, you should ask your mobile service provider before using the App.
10.8 To the fullest extent permitted by law (including under any Consumer Protection Laws applicable in Australia and New Zealand, including the Australian Consumer Law), any dispute you have with any third party relating to your acts or omissions in connection with your use of the App (and not relating to the underlying content or functionality of the App itself) , including, by way of example, a dispute with a mobile service provider, is directly between you and such third party, and you irrevocably release us and our shareholders, personnel and affiliates from any claims, demands and damages of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
11. General
11.1 You may not transfer or assign any or all of your rights or obligations under these Terms of Use. We may transfer our rights and obligations under these Terms of Use to another organization. If you consider, acting reasonably, that such an assignment is to your material detriment, it may terminate you may terminate these Terms of Use immediately on notice to us and cease using the App.
11.2 These Terms of Use shall be governed by the laws of Victoria, Australia.
11.3 You agree that any dispute between you and us regarding these Terms of Use will be dealt with by the courts in Victoria, Australia or any courts authorized to hear appeals from such courts.
11.4 These Terms of Use constitute the entire legal agreement between you and us and govern your use of the App and completely replace any prior agreements between you and us in relation to the App.
11.5 Our failure to insist upon or enforce any provision of these Terms of Use shall not be construed as a waiver of any provision or right. Any waiver given by either party must be in writing.
11.6 If any court of law, having jurisdiction to decide on this matter, rules that any provision of these Terms of Use is invalid, then that provision will be removed from the Terms of Use without affecting the rest of the Terms of Use, and the remaining provisions of the Terms of Use will continue to be valid and enforceable.
12. Indemnity
Other than where these Terms of Use constitute a consumer contract or a small business contract, as those terms or similar terms are defined in section 23 of the Australian Consumer Law or New Zealand's Fair Trading Act 1986,, you agree to defend, indemnify, and hold harmless us, our parents, subsidiaries, and affiliates, and each of their respective officers, directors, employees, agents and advisors from any and all claims, liabilities, costs, and expenses, including, but not limited to, attorneys’ fees and expenses, arising out of a breach by you or any user of your Account of these Terms of Use, including a breach of your obligations, representations or warranties under these Terms of Use.
Additional terms from third party platform providers
Apple
If the App that you download, access and/or use is downloaded from the App Store operated by Apple Inc. ("Apple"):
1. Acknowledgement: You and us acknowledge that these Terms of Use are concluded between you and us only, and not with Apple, and we, not Apple, are solely responsible for the App and its content.
2. Scope of licence: The licence granted to you for the App is limited to a non-transferable license to use the App on any Apple-branded product that you own or control and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions.
3. Maintenance and support: As between Apple and us, we are solely responsible for providing maintenance and support services, if any, with respect to the App, as specified in these Terms of Use, or as required under applicable law. You and we acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
4. Warranty: As between Apple and us, we are solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will, if relevant, refund the purchase price for the App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our sole responsibility.
5. Product claims: You and we acknowledge that we, not Apple, are responsible for addressing any claims of you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
6. Intellectual property rights: You and us acknowledge that, in the event of any third party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, to the extent a warranty of non-infringement is not validly disclaimed, we, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
7. Legal compliance: You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
8. Developer name and address: We may be contacted in connection with any questions, complaints or claims with respect to the App, as set out in the introduction to these Terms of Use above.
9. Third party terms of agreement: You must comply with any other terms applicable to your use of this App.
10. Third party beneficiary: You and we acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms of Use, and that, upon your acceptance of these Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as a third party beneficiary thereof.