Effective as of April 29, 2024
"Welcome to the AcuraLink® subscription-based connected vehicle services (the “Subscription Services”), a Connected Vehicle Service offered through AcuraLink.
These AcuraLink Subscription Services Terms of Use (these “Terms”) are a supplement to the general AcuraLink Terms and Conditions that you accepted when you activated, received, used or otherwise accessed any of the services available through AcuraLink. The current version of the AcuraLink Terms and Conditions is available at https://www.acura.ca/en/acuralink/terms (the “AcuraLink T&Cs”). Capitalized terms used in these Terms, but not defined in these Terms, shall have the meanings assigned to them in the AcuraLink T&Cs. In the event these Terms contradict the AcuraLink T&Cs, these Terms shall control regarding your use of the Subscription Services.
These Terms, the AcuraLink T&Cs, the Honda Canada Customer Privacy Policy and the Honda Canada Vehicle Data Privacy Policy (collectively, the “Agreement”), define the full agreement between you and Acura Canada, a division of Honda Canada Inc. (“Acura”, “we”, “our”, or “us”) with respect to your use of the Subscription Services as part of a subscription package, whether in a trial or paid subscription (each, a “Subscription Package”). These Terms apply to all users of the Subscription Services, including users who are enrolled as Primary Drivers, Secondary Drivers, and Guest Drivers (as designated during the subscription process); however, different types of users have access to different features and account administration functions.
SUBJECT TO APPLICABLE LAW, YOU AGREE TO THESE TERMS WHEN YOU ENROLL IN A SUBSCRIPTION PACKAGE AND ACCEPT THESE TERMS ELECTRONICALLY VIA THE ACURALINK MOBILE APPLICATION (THE “ACURALINK APP”). IF YOU ACCEPT THESE TERMS, YOU ARE BOUND BY THE AGREEMENT, INCLUDING THESE TERMS, AND ANY LATER CHANGES OR AMENDMENTS TO IT. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCEPT THESE TERMS.
This Agreement is a contract used in relations with persons outside of Quebec. The parties expressly agree to contract in the English language.
PRIVACY DISCLOSURE: Collection, use and disclosure of information about you or your Vehicle, including GPS location data, is essential for us to provide the Subscription Services to you. These Terms, the Honda Canada Customer Privacy Policy, and the Honda Canada Vehicle Data Privacy Policy govern how we collect, maintain, use, and disclose your personal information to ensure that your personal information is protected appropriately and that your privacy is respected. BY RECEIVING, ACCESSING, USING OR ENROLLING IN SUBSCRIPTION SERVICES, YOU CONSENT ON BEHALF OF YOU AND ALL OCCUPANTS IN YOUR VEHICLE TO THE COLLECTION, TRANSMISSION, STORAGE, USE, AND DISCLOSURE OF YOUR PERSONAL INFORMATION IN ACCORDANCE WITH THE HONDA CANADA CUSTOMER PRIVACY POLICY AND THE HONDA CANADA VEHICLE DATA PRIVACY POLICY. YOU ALSO CONSENT ON BEHALF OF YOU AND ALL OCCUPANTS IN YOUR VEHICLE TO WIRELESS COMMUNICATION BEING CONDUCTED IN YOUR VEHICLE TO ENABLE US AND OUR SERVICE PROVIDERS TO DELIVER SUBSCRIPTION SERVICES TO YOU OR OTHER OCCUPANTS IN YOUR VEHICLE. YOU ACKNOWLEDGE THAT IT IS YOUR RESPONSIBILITY TO ADVISE ALL OCCUPANTS OF YOUR VEHICLE (INCLUDING OTHER DRIVERS AND OCCUPANTS WHO MAY BE IN THE VEHICLE WITHOUT YOU) HOW DATA RELATED TO THEIR USE OF YOUR VEHICLE (INCLUDING PERSONAL INFORMATION) MAY BE COLLECTED, TRANSMITTED, STORED, USED AND DISCLOSED.
B. Service Providers. Acura may interact with and/or engage one or more third party providers as necessary to provide the Subscription Services. Those third-party providers include any individual or entity who provides any service, equipment, or facilities in connection with the Subscription Services or the AcuraLink Embedded System, including, but not limited to, wireless service providers, underlying wireless carriers, content suppliers, licensors, automakers, distributors and dealers. Such third-party providers are referred to in these Terms as “Service Provider(s)”. Any transaction with anyone but us that you carry out using Subscription Services, and any use that you make of any information received from or through any Subscription Services, is entirely your responsibility. You act at your own risk.
This Section 2 applies only to users of the Subscription Services who are Primary Drivers.
A. Service Availability. Not all Subscription Services are available for all Vehicles; at the time that you enroll in a Subscription Package, you will be presented with and must accept the Subscription Services terms applicable to your Vehicle model and year, which may be different from the terms that apply to other vehicle models and years. Please visit www.acura.ca/owners/acuralink for information about available Subscription Services for your Vehicle and to access information regarding which Subscription Services apply to different models and years.
B. Trial Subscriptions. Your Vehicle comes with a trial subscription package. The trial period for your initial AcuraLink Subscription Package commences when you enroll, which must be within twelve (12) months from the original date you purchased or leased your Vehicle and runs through the applicable trial period for such subscription package (“Trial Subscription Period”). Please visit www.acura.ca/owners/acuralink for information about the available Subscription Package for your Vehicle and the applicable trial period, if any.
C. Paid Subscriptions; Fees and Billing. Expiration dates and subscription fees for your Subscription Package are set forth in your account information page on the AcuraLink App or at www.my-garage.ca. After the expiration of any applicable trial period, a paid subscription in the applicable Subscription Package is required to receive the Subscription Services associated with such Subscription Package. To the extent permitted by applicable law, and unless prohibited by applicable law, the price of your Subscription Package may change over time, and we will charge you the rates in effect at the time of each purchase or renewal of a Subscription Package. To purchase a subscription for a Subscription Package, you must provide your payment account information (credit card number, CVV and expiration date). You agree to provide us (or our designated third-party payment provider) with accurate and valid payment account information and to update your account in the event any information provided becomes invalid or incomplete. By providing payment account information to us, you represent that you are an authorized user of such payment account.
You may have the opportunity to purchase a paid Subscription Package with a finite term or with automatic renewals. If you purchase a paid Subscription Package with a finite term, your Subscription Package will terminate at the expiration of the term unless you purchase a new Subscription Package before the expiration of your current Subscription Package. If you purchase a paid Subscription Package that automatically renews, the following terms apply:
IF YOU PURCHASE A SUBSCRIPTION PACKAGE THAT AUTOMATICALLY RENEWS, UPON EXPIRATION OF YOUR SUBSCRIPTION PACKAGE’S PAID TERM, THAT SUBSCRIPTION PACKAGE WILL AUTOMATICALLY RENEW AT THE BILLING INTERVAL YOU HAVE SELECTED. UNLESS SUCH SUBSCRIPTION PACKAGE IS CANCELLED BY YOU ACCORDING TO THE TERMS SET FORTH IN SECTION 3(A) OR BY ACURA AS ALLOWED BY THESE TERMS, YOU HEREBY AUTHORIZE US (OR OUR DESIGNATED THIRD PARTY PAYMENT PROVIDER) TO CHARGE TO YOUR CREDIT CARD ON FILE, OR A SUBSTITUTE ACCOUNT PROVIDED BY YOU OR YOUR CARD ISSUER, ON EACH SUBSCRIPTION RENEWAL DATE AT THE BILLING INTERVALS YOU HAVE SELECTED, THE THEN-CURRENT SUBSCRIPTION RATE FOR YOUR RENEWING SUBSCRIPTION PACKAGE, PLUS ANY APPLICABLE TAXES, GOVERNMENTAL FEES AND SURCHARGES, FOR THE DURATION OF THE APPLICABLE SUBSCRIPTION SERVICES AS DESCRIBED IN SECTION 3(A).
IN ADDITION TO THE FEES FOR A SUBSCRIPTION PACKAGE, YOU MAY INCUR CHARGES TO SERVICE PROVIDERS WHO FURNISH SERVICES TO YOU THAT ARE NOT EXPRESSLY COVERED BY YOUR SUBSCRIPTION PACKAGE. YOU ARE RESPONSIBLE FOR PAYING THESE CHARGES DIRECTLY TO THE APPLICABLE SERVICE PROVIDER.
D. Your Payment Obligations. Your payment responsibilities are dictated by the billing structure that you choose for your Subscription Package. Payment must be made in Canadian Dollars and is due in advance. You must always pay on time and (unless the law provides otherwise) in full. You are responsible for paying directly to all Service Providers all charges for additional services furnished by them that are not expressly covered by your Subscription Package. If your credit card provider refuses a charge, we can terminate or suspend the Subscription Services applicable to your Subscription Package. Except to the extent prohibited by applicable law, if you object to any fees or charges for services billed by or through us, you must tell us in writing within sixty (60) calendar days after the fee or charge is incurred OR YOU WILL AUTOMATICALLY WAIVE THE DISPUTE.
E. Taxes and Government Charges. You promise to pay all taxes, government fees, and surcharges charged to you by us. Except where prohibited by applicable law, and to the extent permitted by applicable law, we may not tell you in advance of changes to these items. We may charge additional fees related to our costs (or the costs of our Service Providers) to comply with government regulations, unless prohibited by law in your jurisdiction.