GWM Infotainment Terms & Conditions

These terms and conditions (Agreement) apply between you and HAVAL Motors Australia Pty Ltd (ABN 68 166 119 795) and its affiliated companies (“HAVAL", "GWM", “we”, “our” and “us”), and govern your use of the In-Vehicle Information system (IVI System) which will be pre-installed in the vehicle that you use.

Limitation and liability exemption clauses may be highlighted in bold for your special attention, without prejudicing your sole responsibility of having read and understood this entire Agreement.

In order to use the IVI System, you should log in with your user ID and password. Alternatively, you can use the IVI System as a visitor without log in. However, if you prefer to use the IVI System as a visitor, certain functions of the system may be restricted or otherwise not accessible to you.

By using the IVI System and continuing to use the IVI System after a change to any relevant terms, you confirm that you have carefully read, fully understood and consented to each provision of this Agreement, particularly those provisions that restrict or exempt liabilities. You should read this Agreement carefully and should not use the IVI System (or should stop using the IVI System if you have already started using it) if you do not agree with this Agreement.

The IVI System is only designed for use by adults. You must satisfy the age requirement and soundness of mind requirement for full legal capacity as required by the laws in Australia where you use the IVI System. If you do not meet the above requirement, please do not use the IVI System.

If you have any questions about this Agreement or wish to discuss about the content mentioned in the Agreement with us, please contact us using the details set out below. You are recommended to print a latest version copy of this Agreement for future reference.

1.              IVI System

1.1           The IVI System comprises he software and services, [as updated from time to time by us either at our sole discretion or upon your separate confirmation,] which function is to facilitate your access to certain content, materials, information and services via the Internet while you use the vehicle. The IVI System comprises (but is not limited to) features and functionalities such as:

(A)           account setting services to help you store necessary information to access the IVI System;

(B)           navigation services, such as GPS location, to help you set and use transportation routes and/or locate nearby gas stations, EV charging stations (if your vehicle is );

(C)           voice recognition services to help you interact with your vehicle, such as search destination history, make route recommendation, quick dial to selected contact persons, listen to stored music or FM/AM stations, monitor fuel status, upload user feedbacks, etc;

(D)           entertainment services to allow you access to certain video or audio streaming content, including search history, recent playlists, etc;

(E)           verification services to help confirm your identity when you use a mobile device to access the vehicle;  

(F)           driver distraction warning services to monitor your attention to the traffic situation and warns you when you are distracted for a while;

(G)          driver fatigue warning services to assess your alertness through vehicle systems analysis of your eye closure and warn you if needed;

(H)           log history services to help you analyse vehicle performance and make improvements;

(I)              Remote Software Upgrade - ensuring that your vehicle could has the  latest software upgrades are simply installed over-the-air;

(J)            cloud storage services to help you to interact with certain information, such as destination, to access certain personalised settings, and to analyse vehicle malfunctions and make product improvements, etc;

(K)           other services that may be developed by us or by third parties over the time.

Some features and functionalities mentioned above can only be used while your vehicle is connected to the Internet. Additional roaming and/or service fees may be charged.

Please notice services (G), (H), and (I) is turned on by default, you can turn off this function through privacy setting interface.

1.2           The functionalities and features of the IVI System may vary depending on the vehicle that you use, the location you are located in or as required by applicable law from time to time. Internet connectivity and specific configuration requirements may also be required for you to use the IVI System. The performance of the IVI System may be affected by these factors. We make no representations or warranties with respect to the performance of the IVI System.

1.3           We strive to enhance your user experience and improve our products and services, including providing you with updates from time to time. These updates can improve, enhance and further develop the IVI System (for example, in the form of bug fixes, enhancements, security fixes, new software modules or new versions). Failure to install the latest updates may affect your experience of the IVI System, or negatively impact the security of the IVI System, as some functionalities, features or other aspects of legacy versions may become unsupported or unusable and legacy versions may be less secure than updated versions of the IVI System.

1.4           To the extent permitted by applicable law, we reserve the right to temporarily or permanently change or remove certain features and functionalities of the IVI System from time to time. We have no obligation to compensate you due to such changes or removals.

1.5           Following additional terms shall apply when you use navigation software in the IVI System.

(A)           Subject to your compliance with these additional terms and this Agreement, we will grant you a limited, royalty-free, non-exclusive, non-transferrable, non-sub licensable license to use navigation software for personal, non-commercial purposes within Australia   during the term of this Agreement.

(B)           When using navigation software, you may not (or allow those acting on your behalf to) redistribute or sell any part of such software or create a new product or service based on such software; copy the content; create or augment any other mapping-related dataset (including a mapping or navigation dataset, business listings database, mailing list, or telemarketing list) for use in a service that is a substitute for, or a substantially similar service to our navigation software in the IVI System.

(C)           When you use map data, traffic, directions, and other content, you might find that actual conditions differ from the map results and content, so exercise your independent judgment and use such navigation software at your own risk. In particular, you should have read carefully and understood the user manual of the navigation software before using it, and you should not operate such navigation software while you are driving. You’re responsible at all times for your conduct and its consequences.

2.              User Rights and Restrictions

2.1           Your right to use IVI System is granted by us on a limited, conditional basis for your personal, non-commercial use. We may suspend, restrict or terminate (wholly or partially) your rights to use the IVI System at our discretion if you breach this Agreement. However, we will not take these actions if breach of this Agreement is wholly or partly as a result of our negligence, actions or omissions to act.

2.2           All actions carried out using your account are deemed to have been conducted by you personally (including any use of the IVI System). You bear the consequences of any such actions, and we may, at its discretion, suspend, restrict or terminate your use of the IVI System (or any part of them) for any breach of your obligations.  However, we will not take these actions if breach of this Agreement is wholly or partly as a result of our negligence, actions or omissions to act.

2.3           You should not do any of the following activities or aid or assist anyone else to do any of the following activities:

(A)           copy, modify, reverse engineer, disassemble, decompile, dismantle, attempt to export the source code or algorithms of the IVI System, decode, and other acts that analyse or replicate the source code, structure and concept of any of the IVI System software or circumvent or attempt to bypass any technological protection measures in or relating to the IVI System;

(B)           gift, loan, lease, transfer, sell, redistribute, republish, copy, export, import, and otherwise deal with or do any acts of sub-licensing in any way the IVI System software;

(C)           use the IVI System to infringe any legal rights or interests of any other person, such as intellectual property rights, privacy, or reputation;

(D)           commit any act that is harmful to us, you, or other persons, the IVI System, cybersecurity or computer network security (including but not limited to: using data or entering servers/accounts without authorisation; entering the public computer network or another person’s computer system without authorisation and deleting, modifying or adding to the information stored within; attempting to probe, scan or test the vulnerability of any of the IVI System, or underlying software, systems or the networks without authorisation, or other acts that may cause damage to network security; attempting to interfere in or damage the normal operation of the IVI System or its underlying software, systems or networks, or intentionally disseminating malicious software or viruses and other acts that may damage and disturb normal network information services);

(E)           engage in any activity that may impair the fairness of the services provided by us, or disrupt any other normal operating procedures of any apps, such as use of unauthorised third-party plug-ins or other illegal software, exploitation of software bugs (also termed “loopholes” or “defects”) to obtain unjustifiable gains, or publicise the above-mentioned unauthorised third-party plug-ins, illegal software or bugs online or by any other means;

(F)           engage in other activities that are prohibited by the applicable laws, regulations, policies and in violation of public order, good customs and social morality as well as those actions infringing on the legitimate rights and interests of any other individuals, companies, social groups and organisations;

(G)          unlawfully scrape, collate or rearrange the content on any of the IVI System; or

(H)           Use any improper methods to generate traffic, guide, transfer, and hijack or otherwise adversely affect the IVI System or other users’ experience of it.

2.4           To the extent permitted by law, you are liable for, and assume no responsibility to you or any third party for, your use of the IVI System or any breach of your obligations under this Agreement or the consequences of your actions, including any loss or damages which we may suffer. However, we will not take these actions if your breach of this Agreement is wholly or partly as result of our negligence, actions or omissions to act.

2.5           As between you and us, we own all intellectual property rights in and to the IVI System. Except as expressly stated in this Agreement, nothing in this Agreement grants to you any rights or interest in the Intellectual Property Rights owned or controlled by us. For the purpose of this Agreement, “Intellectual Property Rights” means all rights in inventions (whether patentable or not), patents, registered designs, design rights, database rights, copyrights and related rights, trademarks, service marks, logos, get up, trade names, business names, domain names, in each case whether registered or unregistered and including any applications for registration and any renewals or extensions of any of the foregoing, confidential information and trade secrets, and any rights or forms of protection of a similar nature or having equivalent or similar effect to any of them which subsist anywhere in the world.

2.6           We grant you a limited licence to install and use the IVI System software on the vehicle for the sole purpose of your personal, non-commercial, legally and proper use. Such licence carries no right to sub-licence in any case.

3.              Privacy

3.1           We respect and are committed to protecting your privacy. For specific measures regarding our protection of your personal information, and further detail on how we process and treat your personal data through the IVI System, please refer to our Privacy Policy.

4.              Third Party Content

4.1           Some of the above features and functionalities are provided by us and some are directly provided by third parties to you. The third party features and functionalities, as well as the third party content, materials, information and services your access to via the Internet while you use the vehicle and IVI system are collectively referred to as Third Party Content.

4.2           All Third Party Content is independently served to you directly from the relevant third parties. The IVI System will reference, display, and link to, such Third Party Content worldwide subject to applicable export control and economic sanctions laws via the Internet. All Third Party Content is provided by third parties and we make no undertakings, warranties or representations regarding the content, its authenticity, accuracy or the availability, reliability, security or other aspects of Third Party Content or anything else outside of our control, including any rights thereof and assumes no responsibility for any consequences resulting from your use of such Third Party Content. Such Third Party Content is not within our control and we do not endorse and cannot make any modifications or edits to the Third Party Content. You access and use such Third Party Content at your own risk.

4.3           Your use of Third Party Content may be subject to additional terms of use (including website terms of use or other contractual terms) imposed by the relevant third party. We are not a party to (and will not be liable whatsoever to either you or such third party in respect of) any disputes between you and such third party arising out of any such agreement or other arrangement between you and such third party. 

4.4           Third parties bear full responsibility for such Third Party Content and you access such Third Party Content at your own risk. Third Party Content may include content in the form of advertisements or content supported by other means.

4.5           You confirm and agree that Third Party Content may be subject to the proprietary rights or intellectual property rights of third parties. You should not gift, use, modify, lease, lend, sell, distribute or otherwise deal with all or any part of the Third Party Content without authorisation from the relevant rights owner and you agree that you will not create derivative works based on all or any part of Third Party Content.

5.              Disclaimer of Warranties and Limitation of Liability

5.1           We do not make any warranties in relation to any Third Party Content (including as to its authenticity, accuracy and completeness).

5.2           Without limiting anything else in this Agreement and to the extent permitted by applicable law, we and our subsidiaries and affiliated legal entities disclaim and make no guarantees or warranties, express or implied, in respect of the IVI System.

5.3           The IVI System is provided on an “as is” and “as available” basis and should not be relied upon for any specific. While we make every endeavour to provide you with a quality services, we make no guarantee that the IVI System will be error-free, accurate, uninterrupted, timely or secure.

5.4           You acknowledge that we may, but have no obligation to, pre-screen, review, filter, modify, refuse, label, monitor or otherwise moderate any Third Party Content or any part thereof, or to remove it from the IVI System. You confirm and understand that there is a risk that you might be exposed to intrusive, immoral or offensive content or content that is otherwise contrary to the standards and expectations set out in this Agreement during your use of the IVI System. You acknowledge that to the maximum extent permitted by law, we shall not be held liable for any such content.

5.5           You acknowledge that there are inherent risks in using Internet-based services (including data privacy and security risks) and in view of the particular nature of Internet-based services, you understand and agree that we do not assume any responsibility for any losses (including but not limited to losses in property, revenue, data files, personal information and other aspects or other intangible losses) that you may suffer in the course of using the IVI System that arise in connection with events out of our control, including under the following circumstances:

(A)           malfunction of or inability to operate the IVI System or any connected system normally due to force majeure factors such as typhoons, earthquakes, tsunamis, floods, power outages, wars, cyber and terrorist attacks;

(B)           interruption or delay or malfunction of or inability to operate the IVI System or any connected system caused by computer viruses, Trojans, other malicious programs, hacker attacks, technical adjustments or malfunctions by telecommunication operators and Internet operating companies, system maintenance or any other reason beyond our control;

(C)           interruption, termination or delay or malfunction of or inability to operate the IVI System or any connected system caused by changes in applicable laws and regulations, orders and rulings of judicial, administrative, and other authorities;

(D)           interruption or delay or malfunction of or inability to operate our device, the IVI System or any connected system due to internet connectivity issues; or

(E)           losses or liabilities you may suffer due to your unlawful or improper use of the IVI System or any breach of this Agreement by you.

5.6           We are not able to control all online interruptions, delays or disruptions and some events may mean that you are temporarily or permanently unable to retrieve your content or other data that you have stored on the IVI System or related services (such as our cloud services) or related accounts. You store such content and data at your own risk and we accept no liability for any data loss that you may suffer.

5.7           To the extent permitted by applicable law and subject to clauses 5.8 and 5.10 below, in the event that we incur any liability in connection with this Agreement or the operation of the IVI System and such liability is not otherwise limited or excluded by the terms of this Agreement, our liability will be limited to reasonably foreseeable damages.

5.8           If we fail to comply with this Agreement, we are responsible for loss or damage you suffer that is a reasonably foreseeable result of its breaking these terms or its failing to use reasonable care and skill, but we will not be liable for any losses that are not reasonably foreseeable. Loss or damage is reasonably foreseeable if either it is obvious that it will happen or if, at the time you accepted this Agreement, both we and you knew it might happen.

5.9           To the extent permitted by applicable law, the IVI System is for domestic and private use and we will not be responsible for loss of profit, loss of business, business interruption, or loss of business opportunity.

5.10        We do not exclude or limit in any way its liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation, liability for damages caused by wilful misconduct or gross negligence, or any breach of the obligations implied by applicable consumer protection laws.

5.11        To the extent you have a lawful basis for making any claim against us in relation to this Agreement, the IVI System or any software or services related to the IVI System (including for alleged breach by us of this Agreement), you agree that your exclusive remedy is limited to recovering from us direct losses you suffer. We will not be liable to you for any loss or damage that is indirect, consequential, special, incidental or punitive. This limitation of liability applies to the maximum extent permitted by applicable law.

6.              Dispute Resolution

Please read the following section carefully. It requires you to litigate dispute with us, our immediate parent, and all individuals and affiliates involved in the provision of the IVI System, and limit manner in which you can seek relief.

6.1           This Agreement is governed by the laws in force in Australia, except as otherwise provided by any mandatory applicable law in your jurisdiction, in which case the governing law in relation to all or particular rights and obligations of the parties shall be the laws of your usual place of residence.

6.2           To the extent permitted by applicable law, you and us shall first turn to amicable negotiations to resolve any dispute or issue in relation to the IVI System arising from this Agreement. In the event that no resolution can be concluded within thirty (30) calendar days from the date when such dispute has first been raised by either party, either party shall have the right to submit the dispute (which may be contractual or non-contractual) to jurisdiction of the courts of Australia.

6.3           We have subsidiaries and affiliated legal entities who may be providing the IVI System to you on behalf of us or in their own right. You agree that such of our subsidiaries and affiliated legal entities are entitled to provide IVI System to you under this Agreement.

7.              Update License and Service

7.1           The function of remote update over the air (hereinafter referred to as “OTA”) provides remote vehicle software download and software update service. We will keep making efforts to develop new services and provide update of the vehicle system to you from time to time, so that the in-vehicle software system is kept at the latest or appropriate version to increase, improve and enhance the performance of the vehicle, the user experience, and problems solving in terms of vehicle software under some special circumstances.

7.2           After the release of a new version, software in the old version may be unusable. We do not guarantee that the software in the old version is still usable and the corresponding customer service is available. Please check and download the latest version at any time. To ensure the consistency of the safety and functions of the OTA service, we suggest that you authorize this user term to avoid personal injuries or property loss.

7.3           In the course of remote update with this Service, the multi-media display will display the update details and the time needed for the update (up to the size of the update content). The vehicle shall be parked at a safe area, the battery level shall be more than sixty percent (60%) and the vehicle shall be kept at the idle state. Please do not use the vehicle or change the state of the vehicle during the update, to avoid personal injuries or property loss.

7.4           The network connection for this Service may be created via the data traffic, WIFI or any other means. You may assume the cost for the data according to the way of transmission. Please arrange for the time and manner of remote update properly according to the size of the update patch and the needed data, to avoid large data consumption.

7.5           When connected to the network, the vehicle will automatically accept an update push. When this Service works normally, it will carry out data transmission, update patch download, results reporting and other actions; so please keep the vehicle connected to the network. Besides, a system update is pushed by the model and batch of vehicles, please wait patiently.

7.6           Upgrading with this Service involves the network communication service provider, the service provider of this Service, third-party APP providers and product providers and many other parties. The service may be interrupted or the customer demand may not be satisfied due to unstable internet speed, malicious attack or any other reasons. The user must assume the foregoing risks when upgrading the software with this Service.

7.7           We respect and attach much importance to data privacy of our users. This Service will collect the vehicle identification number (VIN) and software and hardware information of the in-vehicle firmware (hardware serial No. and software version No.), so that the vehicle can accept automatically at an appropriate time, the new software update for the corresponding configuration. This Service will not collect any user data not related to OTA. Note: The latest software version differs, up to the hardware configuration of the vehicle.

7.8           For the OTA related data collected will store them in a proper way and use them only in the range within the law boundary.

7.9           This Service will not take the initiative to operate user data. However, out of the respect and protection of the user data, We suggest that its users back up the data before upgrading. We will not be liable for any loss or damage of user data caused by user´s OTA-related operations.

7.10        In the course of firmware update for the vehicle with this Service, (1) you will be unable to drive the vehicle or use the other in-vehicle functions; (2) the multi-media display may be off for the time being; (3) the function of locking the vehicle and unlocking the vehicle with a mechanical key is still available.

7.11        Usually, when any remote update is available, you will receive an update prompt message. You may choose to update immediately, cancel the update or make an appointment for update. However, as part of the remote updates are important updates for the complete vehicle system and can facilitate the further enhancement of the safety or stability of complete vehicle system, all the vehicles need the updates. In this case, you may choose to update immediately and make an appointment for update, and shall not cancel the update. The update shall be carried out when the vehicle meets the conditions for update; if the vehicle does not meet the conditions for update, the system will push a prompt message when the vehicle is started next time, until the update is completed.

7.12        Through remote update, the existing functions may be updated or increased. After the update is completed, the use habit for some functions may be influenced. Thus, please read the relevant update instructions carefully before update each time, and operate the update prudently in accordance with relevant instructions or guidance of the updated or added functions, precautions and potential impact. If you are unfamiliar with it or have any question, please contact the after-sale service personnel to avoid personal injuries or property loss.

7.13        In the event that after remote update, the multi-media display shows update failure or the vehicle cannot be started due to failure, please park the vehicle immediately and contact the after-sale service personnel to avoid personal injuries or property damage. If you choose to continue driving, we will not be liable for any losses arising therefrom.

7.14        If the user flashes, dismantles, alters or otherwise operates the software/hardware of the vehicle in any form, the update of the remote may fail and we will not be liable for any losses arising therefrom.

7.15        You hereby acknowledge that you are the legal owner or user of the vehicle, and have the right to use the Service. Please ensure that the Service will be operated only by any user with your authorization, and such user has already fully understood the relevant precautions for remote update. We will not be liable for any losses arising from any operations without authorization or against the relevant precautions.

8.              Miscellaneous

8.1           The Privacy Policy is an integral part of this Agreement. We reserve the right to revise this Agreement or any of the terms incorporated by reference from time to time as and when necessary (subject to the terms set out in those Agreements and applicable law). You are recommended to regularly check our websites and platforms for the latest versions of these agreements. If you do not agree to the new terms, you are recommended to stop accessing or using the Services. To the extent of any inconsistency between the documents that comprise this Agreement, the following order of precedence will apply:

(A)           the terms and conditions set out in this Agreement;

(B)           the Privacy Policy;

(C)           any other documents or policies incorporated by reference.

8.2           Subject to the applicable laws, we have the right to terminate your use of the IVI System (and thereby this Agreement) at any time if you breach this Agreement. Termination will not affect rights, obligations and liabilities accrued before the date of termination.  However, we will not take these actions if breach of this Agreement is wholly or partly as result of our negligence, actions or omissions to act.

8.3           Headings used in this Agreement are for convenience and ease of navigating this Agreement and shall not be used as any basis on which the meaning of the Agreement shall be interpreted.

8.4           If any term of this Agreement is found to be invalid or unenforceable, whatever is the cause, the validity of the remaining terms shall not be affected and they shall continue to be legally binding to you and us.

8.5           You should comply with any and all applicable domestic and international export control laws and restrictions, including any restrictions on destinations, end users and end use. We reserve the right to suspend, restrict or terminate your access to the IVI System or any part of them for the purpose of complying with any such export control laws and restrictions.

8.6           To the extent that you provide any feedback, suggestions, improvements or other ideas to us (whether in connection with the IVI System or otherwise), you do so for free and we accept such feedback, suggestions, improvements or other ideas without any obligation to compensate you for them in any way. You acknowledge that we may use such feedback, suggestions, improvements or other ideas (including to create new products or otherwise exploit or commercialise them) in any way and for any purpose at our discretion.

8.7           The United Nations Convention on the International Sale of Goods is specifically excluded from applying to this Agreement.

9.              Contacts

9.1           Please contact us using the details set out below if you have any questions or complaints relating to the IVI System or this Agreement. Email support: [email protected]