Privacy Policy

1.Our Privacy Statement

1.1. This policy sets out how Mitsubishi Motors (Thailand) Co., Ltd. with registered office at 2525 FYI Centre, Floor 9, Rama IV, Khlong Toei Sub-District, Klong Toei District, Bangkok, 10110 Thailand (hereinafter referred to in this policy as "MMTh", "we" or "us") collects, uses, or discloses Personal Data (as defined below) of the customers ("your", or "you") about or in relation to your use of the M-Drive Application ("Application") and protects the privacy of your Personal Data ("Privacy Policy"). For the purpose of this Privacy Policy, MMTh has appointed MMTh Call Center Tel. 02-079-9500 (Available everyday except National Holidays from 8:30 to 17:00) as its contact point.

1.2. For the purposes of this Privacy Policy, "Personal Data" means personal data or individually identifiable information as defined by the Applicable Laws (as defined below).

1.3. MMTh is committed to ensuring that your privacy is protected and to ensuring that your Personal Data is processed in accordance with applicable laws and regulations (as amended or replaced from time to time) protecting the privacy of personal data in the jurisdictions in which we operate and target ("Applicable Laws"). MMTh will only collect, use, store, disclose and transfer your Personal Data in accordance with this Privacy Policy.

1.4. Please read the following carefully to understand MMTh’s views and practices regarding your Personal Data and how we will process it. Certain information about you is necessary for our performance of services in relation to the Application to you. If you do not agree to provide such information, we will not be able to provide you the services in connection with the Application and you will not be able to use or access all features and functionality of the Application.

1.5. If you are under the age of 20 or the relevant age of majority in your territory of residence, or as the case may be unless otherwise permitted by law, you must not use the Application or submit Personal Data unless we obtain prior consents from both you and/or your parent or guardian as the case maybe. MMTh does not knowingly collect information from people under the age of 20 or the legal age of majority, or as the case may be unless otherwise permitted by law.

1.6. This Privacy Policy was last updated on, and is effective as of July 25, 2019. MMTh reserves the right, in its sole discretion, to modify, revise, delete and update this Privacy Policy from time to time. MMTh will use reasonable endeavors to notify you in advance and in an appropriate manner of any modifications to the terms of this Privacy Policy (e.g. by emailing to you the revised policy with a new effective date or by publishing the information about such modification on this Application. If any changes to this Privacy Policy require your consent under the Applicable Laws, we will obtain your consent to the changes.

2. THE PERSONAL DATA THAT WE COLLECT FROM YOU

2.1. When you use the Application we may collect the following Personal Data about you:

(a) Information you give us: You may give us information about you by downloading the Application, directly entering information into the Application through using voice commands or a touch panel or by corresponding with us by phone/mobile, email or otherwise. This includes information you provide when you report a problem with the Application. Such information may include, but is not limited to:

(i) your name, surname, title, gender, date of birth, identification number and passport number;

(ii) your vehicle information such as license plate number, chassis number, color, model and information from vehicle sensors;

(iii)your contact information including phone/mobile number, address, email address;

(iv) your biometric data such as fingerprint, Face ID, photo, blood type;

(v) your emergency contact such as name and phone/mobile number of other persons;

(vi) your copy of your government identification; and

(vii) Any other information relating to any individuals which you have provided us in any forms you may have submitted to us, or via other forms of interaction with you, such as in the questions/comments form, complaints or surveys.

(b) Information MMTh collects about you: With regard to your use of the Application we may automatically collect the following information:

(i) Information about the location of your mobile device and your vehicle, including longitude/ latitude data, city and street location. You may choose whether to provide geolocation information to us through the Application by adjusting the settings on your mobile device;

(ii) Driving behavior information (i.e. information about how you drive your vehicle);

(iii) demographic information including your home or other addresses and postcode;

(iv) technical information, including the Internet protocol (IP) address used to connect your mobile device to the Internet, your login information, operational data, operating platform type and version, and time zone setting; and

(v) information about your use of the Application, including date and time of use; page response times, download errors and information about what advertisements you viewed and other information we collect.

Even if certain information under (b) are not Personal Data, however, when combining with other information or the related Personal Data, it could be used to identify you and deemed Personal Data as well. Therefore, we will treat this information with the same standard as the Personal Data.
You may choose to delete or block cookies by adjusting the settings on your mobile device. This may result in certain features of the Application ceasing to function.

(c) Information MMTh receives from third parties: MMTh may receive information about you collected by third parties such as the insurance company such as user account name, telephone number and contact information.

3. WHAT WE DO WITH YOUR INFORMATION

3.1. MMTh (and third party data processors who may be acting on our behalf) may collect, use, store and process your Personal Data described above based on (1) your consent; (2) the necessity to fulfil our contract with you and to provide you with our services in connection with the Application; (3) our legitimate interests; (4) our legal obligations to which we are subject; and (5) the reason for an establishment and defense of legal claims in the future, for the following purposes:

(a) to administer and operate the Application, its functionalities and the services provided in connection with the Application;

(b) to provide information related to the Application's performance including problems such as bugs or connectivity issues and to provide updates to the Application including any fixes;

(c) for our internal record keeping requirements including collection of anonymized details about use of the Application to compile aggregate statistics or produce internal reports;

(d) to make improvements to the Application and to ensure that content from the Application is presented in the most effective manner for you and your mobile device;

(e) subject to your consent (if applicable) to share your Personal Data with selected third parties in accordance with Section 4 of this Privacy Policy;

(f) to the extent we have a legal obligation, right or duty under the Applicable Law to use or disclose your information (including for crime and fraud prevention and related purposes);

(g) to respond to your inquiries and fulfill your requests, or to respond to your questions and comments;

(h) to send administrative information to you, for example, information regarding the Application and changes to our terms, conditions, and policies;

(i) to provide you with updates and announcements concerning our products, promotions and programs and to send you invitations to participate in special programs;

(j) for our business purposes, such as analyzing and managing our businesses, market research, audits, developing new products, enhancing our Application, identifying usage trends, determining the effectiveness of our promotional campaigns, tailoring the Application experience and content based on your past activities on the Application, and gauging customer satisfaction and providing customer service (including troubleshooting in connection with customer issues); and

(k) as we believe to be necessary or appropriate: (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to enforce our terms and conditions; (d) to protect our operations or those of any of our affiliates; (e) to protect our rights, privacy, safety or property, and/or that of our affiliates, you or others; and (f) to allow us to pursue available remedies or limit the damages that we may sustain.

3.2. In addition to the purposes listed above, subject to your consent, MMTh collects and processes geolocation information for operating the Application and providing and improving the services in connection with the Application. We may use your device’s physical location to provide you with personalized location-based services and content.

3.3. MMTh will only retain your Personal Data for as long as reasonably necessary having regard to the purposes for which your Personal Data was collected. If a judicial or disciplinary action is initiated, your data may be stored until the end of such action, including any potential periods for appeal, and will then be deleted or archived as permitted by Applicable Laws.
In principle we will retain your Data as long as required or permitted by Applicable Laws. Afterwards, we will delete or destroy such Personal Data from our systems and records and/or take steps to properly anonymize it so that you can no longer be identified from it.

4.DISCLOSURE OF YOUR PERSONAL DATA

4.1. MMTh may share your Personal Data that it collects from you or that you provide to MMTh with selected third parties for the following purposes

(a) to operate the Application and provide the services in connection with the Application or any other purposes as set out in section 3.1 above;

(b) to enforce or apply the Application's end user license agreement and other agreements or to investigate potential breaches of such agreements;

(c) Firebase The application uses Firebase that is an analysis service provided by Google Inc. with registered office at 1600 Amphitheatre Parkway Mountain View, CA94043, US (" Google")The information used here is subjected to analysis statistical processing and processed so that individuals can not be identified.

Firebase services that the application uses is below.
Google Analytics for Firebase
Cloud Storage for Firebase
Firebase Authentication
Crashlytics
If you do not wish to use these services, opt-out the Firebase features you do not wish to use through the application setting.
Please view the privacy notices of these third parties to understand how they will use your Personal Data.
https://firebase.google.com/terms/
https://www.google.com/policies/privacy/partners/
https://policies.google.com/privacy?hl

(d) to utilize your personal data for internal analytical purposes.

(e) to enable our business partners to provide you with more personalized content and to study the effectiveness of advertising campaigns.

4.2. Personal Data that may be shared with third parties may include

(a) All information provided under Section 2;

(b) technical information, including the Internet Protocol (IP) address used to connect your mobile device to the Internet, your login information, operational data, operating platform type and version, and time zone setting;

(c) information about the location of your mobile device and your vehicle, including longitude/latitude data, city and street location; and

(d) information about your use of the Application, including date and time of use; page response times, download errors and information about what advertisements you viewed and other information we collect.

4.3. For the purposes listed in Section 4.1 above, MMTh may share your Personal Data with

(a) parent companies, subsidiary companies and affiliates;

(b) authorized dealers, business partners, suppliers and sub-contractors, relevant government agency, state enterprise, hospitals and emergency or rescue units, external advisors (e.g., lawyers, accountants, auditors etc.);

(c) companies that provide statistical analysis services; and

(d) analytics and search engine providers such as Google Inc. that assist us in the improvement and optimization of the Application.4.4. MMTh may share your Personal Data with selected third parties in the following ways:

(a) through the Application; or

(b) by mail, telephone, Fax, e-mail or other electronic messaging service

4.5. MMTh will take reasonable steps to ensure that third parties who have received Personal Data from MMTh will maintain a comparable level of protection of the Personal Data as set out in this Privacy Policy and will not use or disclose your Personal Data unlawfully or without authorization. To the fullest extent permitted by law, MMTh excludes all liability arising from the use of your personal information by third parties. MMTh shall, on request, confirm the name of each third party that Personal Data is, or will be, transferred to.

4.6. MMTh may disclose Personal Data to comply with the law, applicable regulations, governmental and quasi-governmental requests, court orders or subpoenas, to enforce the Application's terms of use or other agreements, or to protect MMTh's rights, property or safety or the rights, property or safety of other users of the Application or others (e.g., for fraud protection etc.).

4.7. Except as set out in this Privacy Policy, we will not disclose, sell, distribute, rent or lease your Personal Data to third parties unless we have your permission or to complete a transaction for you. We do not share your Personal Data with third parties for their direct marketing use without your express consent.

4.8. In the event that a third party proposes to acquire all or some of our business and/or assets, we may disclose your Personal Data to that third party in connection with their proposed or actual acquisition. In the event that we become insolvent or we are in any similar situation, we may also disclose your Personal Data to third parties as part of a business or asset sale carried out where such disclosure is lawful and compliant with the Applicable Laws.

5. INTERNATIONAL TRANSFERS OF DATA

5.1 MMTh operates a global business and may transfer the Personal Data collected from you to our overseas related entities, subsidiaries, related bodies corporate and franchisees in order to provide the Application for the purposes described in Sections 4.1-4.3 (e.g., to our cloud/ IT service provider). It may also be necessary for us to disclose your Personal Data to third parties located overseas in connection with the purposes set out in this Privacy Policy. The countries to where we may transfer your Personal Data include US, Japan and Singapore.

5.2 Please be aware that those overseas countries, that from the standpoint of the data protection supervisory authority in Thailand, may not have an "adequate standard of personal data protection" as specified by the data protection supervisory authority in Thailand, although our collection, storage, disclosure and use of your Personal Data will continue to be governed by this Privacy Policy. By providing your consent in the Privacy Consent Form or as may be necessary to perform our services under our agreement with you or as permitted by Applicable Laws, you agree that we may transfer, store and/or process of your Personal Data outside the country in which the information was originally collected in accordance with this paragraph. We will take all steps reasonably necessary to ensure that your Personal Data is treated securely and in accordance with this Privacy Policy, and where we have engaged third parties to perform services in relation to the Application, MMTh will use contractual or other means (as may be required or permitted by the data protection supervisory authority in Thailand) to ensure such third parties offer a comparable level of protection in respect of the Personal Data.

6. SECURITY

MMTh has in place security measures to store all Personal Data collected and received securely. We use appropriate technical, organisational, administrative and physical security measures to protect your Personal Data contained in our system against the unauthorized or unlawful loss, access to, use, alteration, correction, accidental damage, and deletion of Personal Data. We will also review such measures when it is necessary, or when the technology has changed in order to efficiently maintain the appropriate security and safety. Once MMTh has received your Personal Data, we will use strict procedures and security features to try to prevent unauthorized access.

7. YOUR RIGHTS

Under the conditions set out under Applicable Laws, you have the rights set out in this section 7.

7.1. Right of access. You have the right to obtain from us an access to your Personal Data under our responsibility, or request that we disclose how your Personal Data is obtained without your consent. You have the right to obtain a copy of the Personal Data undergoing collecting, using, or disclosing.

7.2. Right to rectification. You have the right to obtain from us the rectification of inaccurate Personal Data concerning you to be accurate, up-to-date, completed, and not misleading.

7.3. Right to erasure. You have the right to ask us to erase or destroy your Personal Data, or anonymize your Personal Data so that you can no longer be identified from it.

7.4. Right to restriction. You have the right to ask us to restrict from using your Personal Data, to the extend allowed under the Applicable Laws, instead of erasure or destroy.

7.5. Right to data portability. You have the right to receive the Personal Data concerning you which you have provided to us in a commonly used and machine-readable format and the Personal Data can be used or disclosed by automatic means, unless it is impossible by technical circumstances. You also have the right to request us to directly send or transfer the Personal Data in such formats to other data controller if it can be done by the automatic mean.

7.6. Right to object. You have the right to object to collection, use or disclosure of Personal Data pertaining to you, which is carried out to protect our legitimate interests or for performance of tasks in the public interest, at any time, in accordance with the statutory provisions. If You file an objection, we will continue to collect, use or disclose your Personal Data only if we can document mandatory and legitimate reasons that outweigh your interests, rights and freedoms, or if collection, use or disclosure is for the assertion, exercise or defense of legal claims, as may be applicable.

7.7. Right to object to direct marketing. You also have the right to, at any time, object to collection, use, or disclosure of your Personal Data for direct marketing purposes (even where you have previously given consent). If you do so, MMTh will stop processing your Personal Data for direct marketing purposes. MMTh will inform you (before collecting your data) if it intends to use your Personal Data for such purposes or if MMTh intends to disclose your Personal Data to any third party for such purposes (subject to obtaining your prior consent).
You may choose to no longer receive communications from us by replying STOP to communications (if any) you receive through the Application. This may result in certain features of the Application ceasing to function. You may unsubscribe from any email or communication from us using the instructions in the email or communication you receive; this will not stop us from sending emails about your account or transactions with us or other information required to operate the Application.

7.8. Right to withdraw consent. If You have consented to collection, use or disclosure of your personal data by us, you have the right to withdraw your consent at any time, unless the right is restricted on account of law or a contract which is beneficial to you, or personal data must be kept for verification or examination, freedom of expression, public health, scientific or historical research or compliance with applicable laws. If you withdraw your consent for MMTh to process your Personal Data in accordance with this Privacy Policy and no other legal basis on which we may use your Personal Data, you may not be able to use certain parts of our services in connection with the Application or receive our communication for marketing purposes.

7.9. Right to compliant. You also may lodge a complaint about collection, use, or disclosure of your Personal Data with the data protection supervisory authority in Thailand for any breach of or non-compliance with the Applicable Laws by us, our employees, or our service providers.
You can exercise your rights above by contacting us using the contact details listed below. In some jurisdictions you will need to provide a copy of your government identification in order for us to verify your identity. We will consider any complaints we receive and respond to your complaint within the period as required by applicable laws.

8. CONTACT

Questions, comments and requests regarding this Privacy Policy are welcomed and should be addressed to us at the available contact channel MMTh Call Center Tel. 02-079-9500
Privacy Consent Form

I have consented to MMTh, its group of companies entities, and/or other third parties as specified in the Privacy Policy for the collection, use, disclosure, sending/transfer of my Personal Data and/or other Personal Data provided by me for the purposes below, via various possible channels including the Application, SMS and the email as detailed below.

I understand and agree that my consent covers the collection, use, disclosure, sending/transfer and process the Personal Data for business purposes, including analyzing and managing the businesses, market research, audits, developing new products, enhancing the Application, identifying usage trends, determining the effectiveness of promotional campaigns, tailoring the Application experience and content based on the past activities on the Application, and gauging customer satisfaction and providing customer service (including troubleshooting in connection with customer issues).

I have thoroughly read, been duly informed, and understood the substances and content above and deem that it is accurate and in accordance with all of my intention. Hence, I hereby agree by checking the box below. (Please tick the X Mark in the below □)

User Terms

User Terms

Thank you for choosing M-Drive application (“Application”). This User Terms governs use of the Application and set out full agreement between you ("You" or "Your") and MITSUBISHI MOTORS (THAILAND) Co. Ltd. ("Mitsubishi", "we", "our" or "us") for the use of the Application. 
By downloading, installing, and/or using the Application on Your smart phone, other mobile device, equipment or computer, You acknowledge that You have read and understand this User Terms, and when you click "Agree" button, You have accepted and agreed all and any terms and conditions of this User Terms as well as any other written terms and conditions, policies, or guidelines that You may receive or be provided with by Mitsubishi ("Agreement") and entered into a legally binding agreement and comply with these terms and conditions. If You do not agree to the Agreement, do not download, install or use this Application.

Please always give Your full attention to driving and on road, and do not access, use and operate this Application while Your driving a vehicle.

User Terms

1. Information included in the Application

Although every effort has been made to provide complete and accurate contents, information, specifications, designs, features, and data related to the Application ("Contents"), Mitsubishi makes no warranties, express or implied, or representations as to the accuracy of Contents on this Application. Mitsubishi assumes no liability or responsibility for any error or omissions in the Contents contained in the Application or the operation of the Application. If the Contents do not match, Your information and Your vehicle informationplease correct (1) Your information  by following the instruction in the manual of Application and (2) Your vehicle information by contacting with Your dealers.

Mitsubishi reserves the right to modify, revise, delete and add any contents and information to the Contents at any time without notice to You and without incurring any obligation whatsoever.

2. Change to the Agreement

To the maximum extent permitted by law Mitsubishi reserves the right, in our sole direction, to modify, revise, delete and add the terms to the Agreement. Mitsubishi will exercise due care in order to notify You in advance of the modification of the terms; however, You are ultimately responsible for having read and understood the most up-to-date terms, which is accessible from the application. If the customer does not agree with the modifications, revisions, deletions or additions, the customer's sole and exclusive remedy is to not use the Application. By continuing to use the Application after those changes are made, You shall be deemed to have accepted and agreed to the changes.

3. Equipment Requirements 

You understand that proper operation of the Application may require certain equipment, device and services that Mitsubishi does not provide, maintain or operate but instead it is the responsibility of either You and/or third parties. 

To properly use the Application, You must have equipment or device that meets at least the following minimum requirements:

• Mobile device with  iOS v11.3 or greater
• Mobile device with Android OS v7.0 or greater
• Internet connection through Wi-Fi or cellular network connection and any appropriate data plan

You further understand that:

• Requirements for Your equipment, device or connection may change at any time, without notice to You, and further access to or use of the Application may require updating an operating system of Your equipment or device, acceptance of additional agreements or a newer version of the Agreement.
• We will not be obliged to bear any costs or charges for Your use of the Application, including but not limited to the cost of equipment, devices, data charges, etc.

4. License

The Application and the contents provided through it are the property of Mitsubishi or Mitsubishi's licensors, and You agree that Mitsubishi retains all ownership, title and interest in this Application even after installation on Your equipment or device. We grant You a limited, non-exclusive, non-transferable, terminable and revocable license to download, install and use the Application only for personal and non-commercial use in accordance with the Agreement. 

5. Trademarks

Any trademarks, trade names, domain names, logos, and service marks ("Trademarks") used, displayed or contained in the Application are the sole property of Mitsubishi or other third parties. Nothing contained in the Application and the Agreement should be construed as granting, by implication, estoppel, or otherwise, any license or right to use or display any Trademark or any variation thereof without the written permission of Mitsubishi or the other owner thereof. Your use of the Trademarks is strictly prohibited.

6. Your Representations and Covenants

You agree that:

1. You have the right and authority to enter into the Agreement on Your own behalf;
2. Your agreement to and compliance with the Agreement does not violate any of Your existing obligations;
3. You will not copy, reproduce, distribute, decompile, reverse engineer, disassemble, remove, alter and/or modify any information or materials of or associated with the Application;
4. You will not circumvent any technology used by Mitsubishi or its licensors, or any third party to protect contents accessible through the Application;
5. You will not use the Application for any unlawful purpose, to harass any person, or for any purpose not allowed by us;
6. You will not rent, lease, transfer, take out a mortgage on any part of the Application;
7. You will not remove, modify, alter or obscure any copyright notices, trademarks, or other proprietary rights or intellectual property notices on or contained in or on any portion of the Application or any information or materials on or obtained from the Application; 
8. You will comply worldwide with all local, state, provincial, federal, and national laws, statutes, ordinances, by-laws, and regulations that apply to Your use of the Application;
9. If you obtain any personal data of other persons for the purposes in connection with the Application, you agree to comply with the Applicable Laws, especially the Personal Data Protection law regarding the collection, use, or disclosure of such Personal Data and obtain their consents if required under the Applicable Laws. 
10. If you allow another driver to use the Application, you are responsible for informing the other driver about the services and the associated data collection, processing, and transmission prior to departure, obtaining the other driver's consent if required by Applicable Laws, and advising them of the option to deactivate the services in connection with the Application.

7. Disclaimer of Warranties

1. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF IMPLIED WARRANTIES OR CONSUMER OR STATUTORY GUARANTEES AND IN THOSE JURISDICTIONS THE EXCLUSIONS BELOW APPLY TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAWS OF THE JURISDICTION. YOU MAY HAVE OTHER RIGHTS WHICH VARY BY JURISDICTION. 
2. YOU EXPRESSLY ACKNOWLEDGES AND AGREES THAT THIS APPLICATION AND ANY CONTENTS OR INFORMATION INCLUDED THEREIN IS PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS. AND WITHOUT ANY FURTHER WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY IMPLIED WARRANTY OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE CONCERNING THIS APPLICATION (INCLUDING ANY CONTENTS AND INFORMATION IN THIS APPLICATION). MITSUBISHI DOES NOT GUARANTEE AND DISCLAIMS ANY WARRANTY REGARDING THE ACCURACY OF DATA, CONTENTS AND INFORMATION PROVIDED BY THIS APPLICATION. 
3. TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAWS, MITSUBISHI MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE APPLICATION WILL OPERATE, PERFORM AND WORK PROPERLY IN CONNECTION WITH OR WITH EVERY AND ALL TYPE OF YOUR DEVICE, EQUIPMENT OR SMARTPHONE, AND EVERY AND ALL VERSION OF OPERATING SYSTEM OF YOUR DEVICE, EQUIPMENT OR SMARTPHONE, AND ONLY YOU WILL BE RESPONSIBLE FOR OPERATION, PERFORMANCE, FUNCTIONALITY, CONNECTIVITY WITH YOUR DEVICE, EQUIPMENT AND SMARTPHONE, AND OPERATING SYSTEM, AND ALL REPAIRS TO YOUR DEVICE, EQUIPMENT AND SMARTPHONE AND ANY OTHER LOSSES AND DAMAGES ACTUALLY OR ALLEGEDLY CAUSED BY APPLICATION AND YOUR DEVICE, EQUIPMENT AND SMARTPHONE, AND OPERATING SYSTEM.
4. TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAWS, MITSUBISHI MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE UPDATE OF THE APPLICATION WILL CONTINUE IN EXISTENCE FOR ANY PERIOD OF TIME, AND THE APPLICATION WILL BE COMPATIBLE WITH CURRENT OR LATEST VERSION OF OPERATING SYSTEM OF YOUR DEVICE, EQUIPMENT OR SMARTPHONE.
5. MITSUBISHI MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE APPLICATION AND ANY CONTENTS AND INFORMATION INCLUDED THEREIN WILL BE FREE FROM ERROR, INTERRUPTION, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING OR OTHER SECURITY INTRUSION.
6. WE ARE NOT LIABLE FOR THE ACTIONS OR INACTIONS OF ANY SERVICE PROVIDERS OR ANY THIRD PARTIES WE CONTACT FOR YOU OR WITH RESPECT TO YOUR VEHICLE, NOR ARE WE LIABLE FOR OUR INABILITY TO CONTACT ANY SERVICE PROVIDERS OR THIRD PARTIES IN ANY PARTICULAR SITUATION. YOU MAY CHOOSE TO RECEIVE EMERGENCY ASSISTANCE FROM THE THIRD PARTY EMERGENCY RESPONDERS. YOU AGREE THAT WE DO NOT MAKE ANY GUARANTEES ABOUT THE MANNER, TIMELINESS, OR OUTCOME OF SUCH A THIRD PARTY RESPONSE OR EVEN WHETHER THIRD PARTY EMERGENCY RESPONDERS WILL IN FACT RESPOND TO YOUR EMERGENCY IN A TIMELY MANNER OR AT ALL.
7. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THIS APPLICATION IS FOR MULTIPLE VEHICLE MODELS, AND THERE MAY BE SOME FUNCTIONS WHICH MAY BE NOT AVAILABLE AND WORKABLE IN SMARTPHONE LINK DISPLAY AUDIO FOR SOME VEHICLES MODELS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW MITSUBISHI WILL NOT BE LIABLE IN ANY CASE WHATSOEVER FOR THE DIFFERENCE OR INCONSISTENCY OF FUNCTIONALITY OR PERFORMANCE FROM OR WITH YOUR SMARTPHONE LINK DISPLAY AUDIO VEHICLE.

8. Limitation of Liability

1. WITHOUT LIMITING THE MANDATORY WARRANTY RIGHTS RECOGNIZED BY THE APPLICABLE LAWS AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MITSUBISHI, ITS SUBSIDIARIES, AFFILIATES, SUPPLIERS, LICENSORS, EMPLOYEES, OFFICERS, DIRECTORS AND AGENTS THEREOF ARE NOT LIABLE IN ANY CASE WHATSOEVER TO YOU: (A) WITH RESPECT TO USE OF THE APPLICATION; AND (B) ERRORS, MISTAKES, OR INACCURACIES OF THE APPLICATION, DATA, CONTENT OR INFORMATION IN THE APPLICATION; AND (C) ANY BUGS, VIRUSES, TROJAN HORSES, DEFECTS, DATA BOMBS, TIME BOMBS, SPIDERS, WEB-BOTS, SCREEN-SCRAPERS, OR OTHER ITEMS OF A DESTRUCTIVE OR DISRUPTIVE NATURE WHICH MAY BE INCLUDED IN THE APPLICATION; AND (D) ANY ERRORS OR OMISSIONS IN ANY DATA, CONTENT OR INFORMATION, OR FOR ANY LOSS OR DAMAGE OF ANY KIND WHATSOEVER INCURRED AS A RESULT OF YOUR USE OF THE APPLICATION; AND (E) ANY CORRUPTION, LOSS, CHANGE AND ALTERNATION OF DATA, CONTENT OR INFORMATION IN THE APPLICATION; AND (F) FOR ANY PERSONAL INJURY OR PROPERTY DAMAGE ARISING FROM OR RELATING TO YOUR USE OF THE APPLICATION; AND (G) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY RELATING TO YOUR USE OF THE APPLICATION. MITSUBISHI ONLY LICENSE THE APPLICATION FOR PRIVATE USE. YOU AGREE NOT TO USE THE APPLICATION FOR ANY COMMERCIAL, BUSINESS OR RE-SALE PURPOSE, AND MITSUBISHI HAS NO LIABILITY TO YOU FOR ANY LOSS OF PROFIT, LOSS OF BUSINESS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITY.
2. NOTHING IN THESE TERMS SHALL LIMIT OR EXCLUDE MITSUBISHI LIABILITY FOR (A) DEATH OR INJURY CAUSED BY ITS NEGLIGENCE; (B) FRAUD OR FRAUDULENT MISREPRESENTATION; OR (C) DAMAGES CAUSED WILFULLY OR WITH GROSS NEGLIGENCE.

9. Indemnity

To the maximum extent permitted by applicable law, You agree to indemnify, defend, and hold harmless Mitsubishi, its subsidiaries, affiliates, suppliers, licensors, employees, officers, directors and agents thereof from any claims, suits, damages, loses, costs, lawsuits, fines, penalties, liabilities, interests, additional taxes, demands, and expenses (including legal and other professional fees) arising out of or relating to: (a) Your access to and/or use of the Application; (b) Your failure to comply with or breach of the Agreement; (c) the inaccuracy or untruthfulness of any representation or warranty that You made under the Agreement; (d) any activities of anyone other than You in connection with the Application conducted through Your account; (e) access to and/or use of, or inability to access or use, the Application through Your equipment, device or smartphone; and (f) any of Your other activities under or in connection with the Agreement or the Application.

10. Term and Termination

The Agreement becomes effective immediately upon downloading, installing or using this Application, whichever occurs first, and shall remain in effect until Your use of the Application is terminated or the Agreement is terminated by us. You may terminate Your use and access to this Application at any time. Mitsubishi reserves the right to terminate the Agreement at any time and for any purpose, or for no reason whatsoever, without notice to You. Upon termination, Your right to use this Application shall immediately cease. 

All provisions of the Agreement which by their nature survive termination or expiration, shall survive termination or expiration of the Agreement.

11. Assignment

You cannot assign the Agreement (or any portion thereof) without Mitsubishi’s written consent and any attempted assignment without Mitsubishi’s written consent is null and void. Mitsubishi may assign the Agreement without Your consent and notice to You.

12. Entire Agreement

This Agreement, including the additional terms and policies that are referenced in the Agreement, are the entire agreement between You and us with respect to its subject matter, and there are no other representations, understandings or agreements between You and us relative to such subject matter. You cannot change the Agreement unless Mitsubishi agrees in writing to the change. Unless otherwise provided in the Agreement, for any conflict between these User Terms and other terms, policies or other materials that are referenced herein, these User Terms will govern.

13. Severability

In the event any one or more of the provisions contained in the Agreement is invalid, illegal or unenforceable in any respect, the validity, legality and/or enforceability of the remaining provisions contained in the Agreement  shall not in any way be affected or impaired thereby. 

14. No Waiver 

No term or condition of the Agreement is waived and no breach is excused unless that waiver or consent is in writing and signed by the party claimed to have waived or consented. No consent by any party to, or waiver of a breach by the other, whether express or implied, shall constitute consent to, waiver of, or excuse for any different or subsequent breach.

15. Force Majeure

Mitsubishi will not be liable for any loss and damage due to acts, events or causes constituting force majeure, including, but not limited to, wars, riots, acts of terrorism, epidemic diseases, civil commotion, fire, earthquake, storm, flood, failure of public utilities or common carriers, labor dispute, general strikes, lock-outs, restrictions of law or regulations.

16. Governing Law

The Agreement shall be in all respects governed by and construed in accordance with the laws of Thailand as if entirely performed therein, excluding any conflict of law principles which would require application of another choice of law. 

17. Dispute Resolution

All disputes, controversies or differences arising out of or relating to the Agreement, or for the breach thereof, shall be resolved by the court of competent jurisdiction in Thailand.

18. Contact

If You have any questions, comments or complaints regarding the Application, feel free to contact us at any time by emailing us at customer.plus@th.mitsubishi-motors.com