Last revised: September 23, 2019
For the purpose of these Web & App Terms, any reference to “Use” or “Using” the Websites or the Mobile Apps means downloading, accessing, using or viewing the Websites, or downloading, registering for, activating, accessing, using or viewing the Mobile Apps.
Subaru provides the Websites and the Mobile Apps only to individuals who are at least 18 years old or the age of majority as determined by the laws of your province or territory of residency and have accepted these Web & App Terms.
By Using any of the Websites or the Mobile Apps, you agree to these Web & App Terms and represent and warrant that you have the right, authority and capacity to agree to these Web & App Terms. If you do not agree to these Web & App Terms, please stop Using the Websites and the Mobile Apps.
Subaru reserves the right to post changes to these Web & App Terms at any time, which will then apply to you without further notice. Accordingly, Subaru recommends that you periodically review these Web & App Terms.
Subaru will use reasonable efforts to maintain up-to-date and accurate information on the Websites and the Mobile Apps, however, Subaru does not guarantee absolute accuracy. The information on the Websites and the Mobile Apps is provided on an “AS IS” basis without any representation or warranty, express or implied, of any kind. Subaru will not be liable for any typographical errors or inaccuracies contained in the Websites and the Mobile Apps or for any temporary or permanent modification, suspension or discontinuance of the Websites and the Mobile Apps. Subaru may expand, limit or modify the Websites and the Mobile Apps at any time to meet the needs of its users for technical or other reasons and without further notice or reason.
As a convenience to you, the Websites and the Mobile Apps may contain hyperlinks to other websites or resources that are independently owned and operated. Subaru does not review any linked websites or resources and is not responsible in any way for the content of any linked websites or resources. Subaru will not be liable for and makes no representation or warranty, express or implied, of any kind as to, the accuracy, completeness or authenticity of the information contained in any linked website or resource. You agree that the existence of such a link cannot be construed as direct or indirect approval, endorsement or sponsorship of or affiliation with the linked website or resource on the part of Subaru. If you use the Websites or the Mobile Apps to link to other websites, then you do so at your own risk.
The materials displayed on the Websites and the Mobile Apps, including but not limited to all data, artwork, logos, graphics, texts, photographs, images, animation, videos, software design, scripts and code, website design and architecture, mobile app design and architecture, music, sounds and environments, and their selection, compilation, collection, arrangement, organization, structure and sequence, (collectively, the “Content”) are either the property of, or used with the permission of their owner by, Subaru, and are protected by copyright and other laws.
The trademarks, logos, business and trading names, and domain names (collectively, the “Marks”) displayed on the Websites and the Mobile Apps, whether registered or unregistered, are the property of, or used with permission by, Subaru or others. Use of the Marks in any manner with websites, mobile apps, business activities, organizations, or products or services, that are not provided or licensed by Subaru, is prohibited without the prior written consent of Subaru.
You are granted only a limited, non-transferable license to access, display, download and/or print a copy of the Content solely for your personal, non-commercial use, provided that you do not modify the Content, make commercial use of the Content, include the Content in or with any product you create or distribute, copy the Content on any other website, and you keep all proprietary notices intact. For certainty, you may not reproduce, modify, publish, perform, translate, merge, decompile, disassemble, reverse engineer, sell, rent, distribute, or create a derivative work of, or in any way commercially exploit, the Content in whole or in part, without the prior written consent of Subaru.
You are granted only a limited, non-transferable license to install and use the Mobile Apps solely for their intended purposes on your connected device(s) for your personal, non-commercial use, provided that you do not modify the Mobile Apps, make commercial use of the Mobile Apps, include the Mobile Apps in or with any product you create or distribute, reverse engineer, disassemble, decompile, attempt to derive the source code of, repurpose, sell, rent, distribute or in any way commercially exploit the Mobile Apps, in whole or in part, without the prior written consent of Subaru.
To fully access the content and features on the Websites and the Mobile Apps, you may need to enhance or update the hardware or software in your computer system or connected device. Subaru will not be liable for any failure to access the Websites or the Mobile Apps, whether due to your computer system’s or connected device’s capabilities, Internet network problems or any other cause whatsoever.
From time to time, Subaru may remotely update, upgrade, modify or delete the Websites and the Mobile Apps to, among other reasons, enhance the Websites and the Mobile Apps or system functionality or to address security concerns. You agree that Subaru may at any time automatically update, upgrade, modify or delete the Websites and the Mobile Apps or cause the Mobile Apps to be removed from your connected device. The limited licenses granted herein will continue to apply to any updated, upgraded or modified Websites and Mobile Apps.
You agree that the Use of the Mobile Apps may have an unintended or adverse effect on your connected device, any software operating on your connected device, or any other mobile apps you may have on your connected device. You agree that the Use of any of the Mobile Apps is at your own risk and that Subaru has no obligation whatsoever to provide you with customer support for the Mobile Apps or for their effect on your connected device, any software operating on your connected device, or any other mobile apps you may have on your connected device.
Unsolicited communications or materials you submit to us via the Websites and the Mobile Apps are transmitted on both a non-confidential and a non-proprietary basis. Subaru will not be responsible for any harm you or others may suffer as a result of any disclosure or use of materials you send to us on the Websites and the Mobile Apps. This includes submission of unsolicited product concepts or ideas as well as any other type of ideas or suggestions. Without making any judgment on their content or quality, it has been Subaru’s longstanding company policy to discourage unsolicited suggestions or ideas. If you do transmit unsolicited ideas or suggestions to Subaru, you acknowledge and agree that they become Subaru’s property and that Subaru, its affiliates and designees may use those ideas or suggestions in any manner, at any time, and for any reason, they so choose with no obligation to acknowledge you or pay you any form of compensation.
You agree to refrain from transmitting to or posting on the Websites and the Mobile Apps any materials that are inappropriate, obscene, lewd, offensive or in any way unlawful. Although Subaru and other parties involved in creating or maintaining the Websites and the Mobile Apps may from time to time review transmissions or postings by third parties, in so doing they assume no responsibility or liability that may arise from the content of those transmissions or postings. That liability rests solely on the sender.
Subaru does not charge for Use of the Mobile Apps however standard data and text messaging rates may apply for data and messages sent from and received by your connected device as determined by your wireless provider. You agree to be solely responsible for such charges and any other charges by your wireless provider in connection with the Mobile Apps.
You agree that your Use of the Websites and the Mobile Apps is at your own risk and that you will be solely responsible for any damage to your computer system, connected device, your vehicle’s multimedia system and any other equipment or loss of data that may result from your Use of the Websites and the Mobile Apps.
THE WEBSITES AND THE MOBILE APPS ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. SUBARU, ON BEHALF OF ITSELF AND ITS THIRD-PARTY SERVICE PROVIDERS, DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SUBARU MAKES NO REPRESENTATION, WARRANTIES OR CONDITIONS THAT THE WEBSITES AND THE MOBILE APPS WILL MEET YOUR REQUIRMENTS OR THAT THE WEBSITES AND THE MOBILE APPS WILL BE UNINTERRUPTED, TIMELY, SECURE, NON-INFRINGING OR ERR0R-FREE.
SUBARU, ON BEHALF OF ITSELF AND ITS THIRD-PARTY SERVICE PROVIDERS, WILL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTIAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, OR FOR ANY VIRUSES OR OTHER PHYSICAL DAMAGE TO YOUR COMPUTER SYSTEM OR CONNECTED DEVICE, RESULTING IN ANY WAY FROM YOUR USE OF THE WEBSITES OR THE MOBILE APPS.
Notwithstanding this, if Subaru or any of any of its third-party service providers are found liable to you for any reason, you agree that the aggregate liability of all these parties to you for any claim is limited to the fees you have paid to Subaru for Use of any of the Mobile Apps.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, OR THE LIMITATION OR EXCLUSION OF LIABILITY, AND ACCORDINGLY SOME OF THE LIMITATIONS IN THESE WEB & APP TERMS MAY NOT APPLY TO YOU.
You agree to indemnify and hold harmless Subaru, its affiliates, Authorized Subaru Dealers in Canada (“Dealers”) and third-party service providers, and their respective directors, officers, employees and agents (collectively, the “Subaru Parties”), from any loss, liability, claim, demand or damages, including reasonable legal fees, arising from or related to your Use of the Websites or the Mobile Apps or your breach of these Web & App Terms including but not limited to your breach or alleged violation of the copyright, trademark or other proprietary rights of third parties.
YOU HEREBY RELEASE AND DISCHARGE EACH OF THE SUBARU PARTIES FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, LIABILITY, DAMAGES AND EXPENSES ARISING FROM OR RELATED TO ANY DAMAGE, LOSS, OR INJURY TO ANY PERSON OR PROPERTY OF ANY KIND RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECLTY, FROM YOUR USE OF THE WEBSITES OR THE MOBILE APPS.
You agree that the limitation of liability, indemnity and release provisions in these Web & App Terms will survive even after these Web & App Terms or the relationship between you and Subaru has ended.
Although Subaru offers services, products and promotional programs in many parts of the world, unless otherwise specified, certain services, products or promotional programs referred to on the Websites and the Mobile Apps may not be available worldwide. All products, services, promotional programs and information contained on the Websites and the Mobile Apps apply only within Canada or certain areas within Canada, as specified.
Due to law, customer demand and new product releases, not all Subaru products or services will always be available in Canada or can be delivered to meet your requested delivery dates. Some Dealers may pool inventory with other Dealers to enhance availability of vehicles. Subaru reserves the right to discontinue any vehicle models, equipment or services at any time.
Unless otherwise specified, all prices listed on the Websites and the Mobile Apps are in Canadian dollars.
Unless otherwise specified and excluding Quebec, prices for new vehicles are the Manufacturer’s Suggested Retail Prices (“MSRP”) for the vehicle base model, and do not include freight, title and registration fees, Dealer pre-delivery and administration charges, options, air conditioning tax, GST/PST/HST, retail sales tax, other applicable taxes, freight charges or license fees. Subaru reserves the right to make changes to the MSRP at any time without prior notice.
For Quebec, suggested retail prices for new vehicles include freight and preparation, air conditioning surcharge, and specific duty on new tires. Taxes (GST and PST), license, registration (depends on purchaser’s particulars) and insurance are extra. Dealer may sell for less. Finance and lease offers also available.
Individual Dealers are responsible for setting their own retail selling prices and may sell at less than the prices shown. Some leasing and financing offers may not be available in all areas of Canada or to all prospective customers.
Subaru reserves the right to make changes at any time to vehicle models, materials, equipment, specifications and services without prior notice to you. Because some of this information may be updated at any time but not incorporated into the Websites and the Mobile Apps until later, please check with your Dealer for complete details. The information provided by the Dealer will be deemed to be the correct and applicable information.
Unless otherwise specified, all content on the Websites and the Mobile Apps is to be used for information purposes only and does not constitute an offer to buy or sell any Subaru products and services. Subaru products and services are available only from Dealers pursuant to applicable contracts you enter into with them.
To assist you in finding local Dealers, Subaru has arranged for you to access its Dealers either on or through the Subaru.ca Website. Subaru will not be responsible or liable for the information or advertising posted by Dealers, which is their sole responsibility.
These Web & App Terms constitute the entire agreement between you and Subaru governing your Use of the Websites and the Mobile Apps. You may not assign these Web & App Terms without the prior written consent of Subaru. These Web & App Terms and the relationship between you and Subaru will be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. You hereby attorn and agree to the non-exclusive jurisdiction of the courts of the Province of Ontario. The failure by you or Subaru to exercise or enforce any provision of these Web & App Terms shall not constitute a waiver of such right or provision. If any provision of these Web & App Terms is found by a court of competent jurisdiction to be invalid, you and Subaru agree to give effect to the intentions reflected in the provision found to be invalid and that the other provisions of these Web & App Terms will remain in full force and effect. You agree that any claim or cause of action arising out of or related to the Use of the Websites or the Mobile Apps must be filed within one year after such claim or cause of action arose, or otherwise be barred permanently. It is the express will of the parties that these Web & App Terms and related documents have been prepared in English. C’est la volonte expresse des parties que la presente convention ainsi que les documents qui s’y rattachent soient rediges en anglais.
Effective: September 23, 2019
As used in these SUBARU STARLINK® Terms, the terms "you" and "your" refer to, and these SUBARU STARLINK® Terms shall be binding upon, any person or entity who purchases or leases a new, used or certified pre-owned Subaru vehicle (a “Vehicle”) equipped with, or uses as a driver or occupant (e.g., additional drivers, passengers) of your Vehicle, the SUBARU STARLINK® System, the SUBARU STARLINK® Services and/or has activated the SUBARU STARLINK® Services pursuant to Section 3A below.
Also, as used in these SUBARU STARLINK® Terms, the terms "we," "us," "our", “Subaru” and “SUBARU STARLINK®” collectively refer to Subaru Canada, Inc. and its affiliates, subsidiaries, parent company, successors and assigns and Authorized Subaru Dealers in Canada (“Dealers”). In addition, the following persons and entities are intended third-party beneficiaries of this Agreement (as defined in Section 1A below): (i) Service Providers (as defined in Section 2B below) and their affiliates, successors and assigns; (ii) SUBARU STARLINK® Connected Services Representatives and their affiliates, successors and assigns; and (iii) any employees, directors, officers, subcontractors, representatives and agents of any of the foregoing.
You can contact us at any time by phone: 1-844-907-8277; by mail: Subaru Canada, Inc., 560 Suffolk Court, Mississauga, Ontario L5R 4J7 Attn: Customer Care. Certain information referenced in this Agreement is available online at MySubaru.ca and/or at Subaru.ca.
PLEASE READ ALL PAGES OF THE AGREEMENT COMPLETELY BEFORE USING ANY SUBARU STARLINK® SYSTEM OR SUBARU STARLINK® SERVICES AND KEEP A COPY FOR YOUR FILES. READ AND KEEP A COPY OF ANY ADDITIONAL SUBARU STARLINK® CONNECTED SERVICES DOCUMENTS COMMUNICATED TO YOU. ANY SUBARU STARLINK® CONNECTED SERVICES DOCUMENTS (REGARDLESS OF WHETHER THEY STATE THEY BECOME PART OF YOUR SUBARU STARLINK® AGREEMENT ARE AUTOMATICALLY DEEMED A PART OF THIS AGREEMENT.
A. This Agreement. When you accept the SUBARU STARLINK® Terms or activate the SUBARU STARLINK® Services in accordance with Section 3A below, you agree to be bound by the following SUBARU STARLINK® Connected Services documents, which, together, constitute the legally binding and enforceable “Agreement” between you and us:
B. Eligibility. You represent and warrant that you are at least 18 years old, or the age of majority as determined by the laws of your province or territory of residency and have full legal capacity to assume the obligations set forth in this Agreement. If you are the parent or legal guardian of a minor who is using SUBARU STARLINK® Services, you agree to be responsible for their use of the Services and to ensure their compliance with the terms of this Agreement.
A. Service Requirements. To use the SUBARU STARLINK® Services, your Vehicle must come with an authorized SUBARU STARLINK® System, which is the equipment, including hardware and software, used to provide the SUBARU STARLINK® Services to your Vehicle. Additionally, you must have an active subscription to receive the SUBARU STARLINK® Services. The SUBARU STARLINK® System is owned by Subaru at all times and you are granted a non-exclusive license to use the SUBARU STARLINK® System while the SUBARU STARLINK® Services are active and in accordance with this Agreement. You agree that you will not modify the SUBARU STARLINK® System in any way or remove the System from your Vehicle.
B. Service Providers. SUBARU STARLINK® Services are provided to you on behalf of Subaru. To provide the Services, Subaru interacts with and/or engages directly or indirectly various third-party providers as necessary to provide the SUBARU STARLINK® Services. These third-party providers include any person, company, or entity who provides any service, equipment, or facilities in connection with the SUBARU STARLINK® Services or the SUBARU STARLINK® System, including, but not limited to, wireless service providers, underlying wireless carriers, suppliers, licensors, public safety answering points, emergency responders and other service providers (such as police, fire and ambulance), towing companies, auto makers, distributors and dealers. Such third-party providers and any of their subcontractors are referred to in this Agreement as “Service Provider(s)”. A Service Provider may receive and respond to your requests for SUBARU STARLINK® Services through an automated operator or through specially trained personnel known as “SUBARU STARLINK® Connected Services Representatives”.
SUBARU STARLINK® Connected Services Representatives connect you or your Vehicle to other Service Providers such as the police, fire department, or ambulance service. The SUBARU STARLINK® Connected Services Representatives will use reasonable efforts to contact appropriate Service Providers for help when you ask for it or when the SUBARU STARLINK® System in your Vehicle signals for it, but it cannot be promised that any Service Providers will respond in a timely manner or at all. The laws in some places require an emergency to be confirmed before emergency Service Providers will provide service. We will not contact emergency Service Providers in these locations in response to an emergency button press (SOS button) if we cannot hear your request for assistance or otherwise confirm that an emergency exists. We also may not contact emergency Service Providers in any location in response to emergency button presses from vehicles situated in locations which reasonably indicate that an emergency is unlikely such as car dealerships, rental car companies, car washes or your address if we cannot hear your request for assistance. We will assume an emergency exists if the SUBARU STARLINK® Connected Services Representatives receives an Advanced Automatic Collision Notification from your Vehicle.
A. Activation. YOU CAN ONLY RECEIVE AND USE SUBARU STARLINK® SERVICES BY ACCEPTING THIS AGREEMENT. SUBJECT TO APPLICABLE LAW, YOU ACCEPT THIS AGREEMENT AND START YOUR SUBARU STARLINK® SERVICES SUBSCRIPTION WHEN THE EARLIEST OF THE FOLLOWING OCCURS: (I) WHEN YOU SIGN A CONTRACT THAT INCLUDES THIS AGREEMENT; (II) WHEN YOU COMPLETE AND ELECTRONICALLY SIGN THIS AGREEMENT ONLINE, VIA THE MYSUBARU MOBILE APP, OR AT YOUR DEALER; (III) WHEN YOU SPEAK WITH A SUBARU STARLINK® CONNECTED SERVICES REPRESENTATIVE OR AUTOMATED SYSTEM TO REGISTER FOR SUBARU STARLINK® SERVICES; OR (IV) WHEN YOU (OR SOMEONE YOU AUTHORIZE TO USE YOUR VEHICLE) USES THE SUBARU STARLINK® SERVICES OR ACCEPTS ANY OF ITS BENEFITS (INCLUDING USING A VEHICLE WITH AN ACTIVE SUBARU STARLINK® SYSTEM). IF YOU DO ANY ONE OR MORE OF THESE FOUR THINGS TO ACCEPT, YOU ARE BOUND BY THIS AGREEMENT AND ANY LATER CHANGES OR AMENDMENTS TO IT. SUBARU STARLINK® SERVICES MAY TAKE UP TO 48 HOURS TO ACTIVATE FOLLOWING YOUR ACCEPTANCE OF THIS AGREEMENT.
B. Duration. Your SUBARU STARLINK® Services start as set out above and continue for the length of time specified in your Service Plan (the “Initial Service Period”). If the Initial Service Period includes a trial period, for continued access to the Services beyond the trial period, you will be required to provide a payment method and purchase a subscription as set forth in Section 4A. AFTER THE EXPIRATION OF YOUR PRE-PAID SUBSCRIPTION PERIOD, THEN YOUR SERVICE PLAN WILL AUTOMATICALLY RENEW FOR SUBSEQUENT MONTHLY OR ANNUAL RENEWAL PERIODS, AS APPLICABLE, UNLESS AND UNTIL IT IS CANCELLED BY YOU OR US AS ALLOWED IN THIS AGREEMENT. YOUR PAYMENT ACCOUNT WILL BE AUTOMATICALLY CHARGED THE FEES FOR THE MONTHLY OR ANNUAL SUBSCRIPTION AT THE TIME OF RENEWAL AS DESCRIBED ABOVE.
C. Your Cancellation Rights. You can cancel your SUBARU STARLINK® Services at any time by calling a SUBARU STARLINK® Connected Services Representative at 1-844-907-8277 or through your MySubaru account. You will be required to provide your password/PIN or other authenticating information requested by the SUBARU STARLINK® Connected Services Representative in order to cancel the Services. YOU AGREE TO NOTIFY US PROMPTLY IF YOU SELL YOUR VEHICLE, ITS LEASE ENDS, OR IT IS DESTROYED BY CASUALTY (A “VEHICLE DISPOSAL EVENT”) BY CALLING 1-844-907-8277 OR THROUGH YOUR MYSUBARU ACCOUNT AND CANCELLING YOUR SUBSCRIPTION. IF YOU SELL, TRANSFER, LEASE OR OTHERWISE DISPOSE OF YOUR VEHICLE, YOU ARE SOLELY RESPONSIBLE FOR DELETING ANY INFORMATION ABOUT YOU CONTAINED IN THE VEHICLE OR IN YOUR RELATED MYSUBARU ACCOUNT.
IF YOUR VEHICLE IS LOST, STOLEN, SOLD, TRANSFERRED OR OTHERWISE DISPOSED OF, YOU MUST CALL US TO CANCEL YOUR SUBSCRIPTION.
ONCE WE ARE NOTIFIED, WE CAN HELP PROTECT YOUR MYSUBARU ACCOUNT AND YOUR PERSONAL INFORMATION AND HELP YOU AVOID SERVICE PLAN CHARGES RELATED TO THE USE OF SUBARU STARLINK® SERVICES BY UNAUTHORIZED PERSONS.
IF YOU FAIL TO NOTIFY US, YOU WILL REMAIN RESPONSIBLE FOR THE PAYMENT OBLIGATIONS FOR YOUR SERVICE PLAN UNDER THIS AGREEMENT.
If you cancel your subscription or if your subscription is cancelled under these SUBARU STARLINK® Terms, we have the right to turn off your SUBARU STARLINK® System and you will have to pay for any reactivation.
D. Our Cancellation and Suspension Rights. We reserve the right to cancel your SUBARU STARLINK® Services subscription at any time for any reason in our sole discretion. If we cancel your Services without cause, we will give you notice 30 days prior to the effective date of cancellation after which time your account will be deactivated and your SUBARU STARLINK® Services will terminate. We may also terminate your access to the Services without prior notice if your Vehicle, the SUBARU STARLINK® System or any other equipment in or connected to your Vehicle is malfunctioning in a manner that creates a nuisance for us or any Service Provider. In either of these cases, we will refund any amounts you have paid in advance for the SUBARU STARLINK® Services (other than any payment that was included in the purchase or lease price of your Vehicle), but not for the SUBARU STARLINK® System.
We may cancel your SUBARU STARLINK® Services without prior notice to you if we have received information that establishes you are no longer the owner/lessee of your Vehicle or the Vehicle has been reported as a Total Loss by third-party reporting agencies, and in such case, we will not refund any prepaid amounts to you unless you notify us as provided in Section 3C above. We may also cancel your SUBARU STARLINK® Services without prior notice to you for any good cause, including, without limitation, if you breach any part of this Agreement, do not pay amounts that are due, interfere with our efforts to provide the Services, or interfere with our business; or if your SUBARU STARLINK® Services or wireless phone number is used for illegal or improper purposes. You have no right to have the SUBARU STARLINK® Services reactivated, even if you cure any of these problems. Whether to allow you to have SUBARU STARLINK® Services again will be entirely up to us. In the event we cancel your SUBARU STARLINK® Services for good cause, we will not refund any prepaid or unused portions of your Services fees.
We can suspend your SUBARU STARLINK® Services for any of the same reasons we may cancel them. We can also suspend the Services for network or system maintenance or improvement, or if there is network congestion, or if we suspect your SUBARU STARLINK® Services are being used for any improper purpose.
E. Refund Rights. If you cancel your pre-paid Service Plan prior to its expiration, you may receive a refund of amounts you directly paid in advance, unless provided otherwise in any offer for the Service Plan you accepted. We will refund to you on a pro-rata basis fees prepaid by you for the Services for remaining portions of the pre-paid Service Plan (i) after the date you request cancellation; or (ii) upon providing written proof of your Vehicle Disposal Event, after the date of occurrence of such event. Fees for Services received during trial or in conjunction with promotional offerings may not be refunded.
A. Fees and Billing. All subscriptions for SUBARU STARLINK® Services, whether through a trial or paid subscription, are referred to as a “Service Plan”. As any initial trial period comes close to expiry, you will be asked to subscribe to a paid Service Plan and provide Subaru with valid payment information if you wish to continue with SUBARU STARLINK® Services. The fees and payment schedule for paid Service Plans will be as communicated to you or as posted on MySubaru.ca. All Service Plan payments that may be included in Vehicle lease or finance agreements are governed by the payment terms set forth in this Agreement. Payment for the Services is due in advance. By providing payment account information to us, you represent that you are an authorized user of such payment account. Upon expiration of any pre-paid subscription period shown in your Service Plan, your account will be automatically charged monthly or annually, as applicable, for one year of SUBARU STARLINK® Services at the rate and term applicable at the time of renewal. The price of your Service Plan may change over time, and your renewal will be charged at the rates then in effect for your Service Plan. Unless the SUBARU STARLINK® Services are cancelled by you or us as allowed by this Agreement, we will continue to charge the payment account you provided, or a substitute account provided by you or your card issuer. If a credit card is not provided for Services, it will be your responsibility to provide one at the time of expiration in order to continue the Services. WE MAY RECEIVE UPDATED CREDIT CARD INFORMATION FROM YOUR ISSUER. Your credit card issuer may give you the right to opt out of the update service.
B. Your Payment Obligations. Payment for SUBARU STARLINK® Services must be made in Canadian Dollars. Depending on the Service Plan you choose, you will have different payment responsibilities, but you must always pay on time and (unless the law provides otherwise) in full in accordance with the Service Plan you have selected. If your credit, debit or bank card provider refuses a charge or an automated withdrawal, we can also terminate or suspend your Services. If you object to any fees or charges for Services billed by or through us, you must tell us in writing within 60 days after the fee or charge is incurred (unless the law does not allow a time limit or the law requires a longer period), OR YOU WILL AUTOMATICALLY WAIVE THE DISPUTE. You are responsible for paying directly to all Service Providers all charges for services furnished by them that are not expressly covered by your Service Plan.
C. Fleet Vehicles. If you are a fleet management company leasing the Vehicle to an organization (the “Lessee”) that in turn provides the Vehicle to one of its employees or other representatives (the “Driver”) as a company car, you agree to obtain the Lessee’s and Driver’s written acceptance of these SUBARU STARLINK® Terms and further agree that will you will also be bound by these SUBARU STARLINK® Terms on your and on the Lessee’s and Driver’s behalf, regardless of whether you are listed as the owner of the Vehicle. The Lessee and Driver of the Vehicle are also directly bound by the terms and conditions of this Agreement whether or not you have obtained their written acceptance of them.
If you are a driver of a fleet management company vehicle that has active SUBARU STARLINK® Services, you are bound by the terms and conditions of this Agreement.
D. Taxes and Other Fees. You promise to pay all taxes, fees, and surcharges set by the government and charged to you by us. Unless required by 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. These can include items such as 911-related assessments or charges, false alarm fines and/or alarm permit fees, and other charges related to governmental costs. Where allowed by law, we may set these charges, and to the extent they are not taxes or required by law, we may keep them in whole or in part. Such charges are subject to change.
Unless we agree otherwise, your SUBARU STARLINK® Services are not transferable to another Vehicle or another person. We will only accept requests to activate, cancel, change or reactivate your SUBARU STARLINK® Services from you or an additional authorized user of legal age listed on your account (or from someone we believe is your authorized agent), and you agree to pay any charges associated with these requests.
We reserve the right to change this Agreement at any time, after giving 30 days’ notice to you (or such longer period as required by law). If we make any changes to this Agreement that, in our sole judgment, would have an adverse effect on your use of the Services, or if any such change materially affects your rights under this Agreement, or negatively impacts your SUBARU STARLINK® Services in a material way, or results in higher fees being charged to you, we will provide you with notice of such change in writing, which may include by electronic mail. We will notify you of any other changes by publishing a notice of the change or a revised version of these SUBARU STARLINK® Terms in your MySubaru account located at MySubaru.ca or Subaru.ca. You agree that we may use any credit, debit or bank card or other payment method of yours that we have on file for payment of such charges. AFTER RECEIVING NOTICE OF A CHANGE THAT MATERIALLY AFFECTS YOUR RIGHTS UNDER THIS AGREEMENT, NEGATIVELY IMPACTS YOUR SUBARU STARLINK® SERVICES IN A MATERIAL WAY, OR RESULTS IN HIGHER FEES BEING CHARGED TO YOU, YOU MAY CANCEL THIS AGREEMENT OR AGREE TO THE CHANGE. IF YOU DO NOT CANCEL THIS AGREEMENT WITHIN 30 DAYS OF THE DATE OF THE NOTICE, THEN YOU WILL BE DEEMED TO HAVE AGREED TO THE CHANGE AND IT WILL AUTOMATICALLY BECOME PART OF THIS AGREEMENT. You can obtain a copy of the current SUBARU STARLINK® Terms online at MySubaru.ca or at Subaru.ca.
A. Availability. SUBARU STARLINK® Services are only available while traveling in Canada and the United States, including Hawaii and Alaska. SUBARU STARLINK® Services work using wireless communication networks and the Global Positioning System ("GPS") satellite network. NOT ALL SUBARU STARLINK® SERVICES ARE AVAILABLE EVERYWHERE, PARTICULARLY IN REMOTE OR ENCLOSED AREAS, OR ON ALL VEHICLES, AT ALL TIMES. The area that you are driving in may affect the type or quality of service that we can provide to you, including, but not limited to, routing service. Additionally, some SUBARU STARLINK® Services may not be fully available if the GPS system is not working. Certain programming limitations of the GPS satellite network may impair our ability to determine your Vehicle’s precise location.
B. Technology and Communications. SUBARU STARLINK® Services cannot work unless your Vehicle is in a place where we have an agreement with a wireless service provider for service in that area. SUBARU STARLINK® Services also cannot work unless you are in a place where the wireless service provider we have retained for that area has coverage, network capacity, and reception when the SUBARU STARLINK® Services are needed, and technology that is compatible with the SUBARU STARLINK® Services. SUBARU STARLINK® Services that involve location information about your Vehicle cannot work unless GPS satellite signals are unobstructed, available in that place and compatible with the SUBARU STARLINK® System.
C. Vehicle and Equipment. The SUBARU STARLINK® Services are provided using an embedded telematics device installed in your Vehicle which receives GPS signals and communicates with the SUBARU STARLINK® Connected Services Representative via wireless and landline communications networks. The SUBARU STARLINK® System is not intended to place or receive personal calls and may only place calls to our Service Providers as permitted under this Agreement. YOUR VEHICLE MUST HAVE A WORKING ELECTRICAL SYSTEM (INCLUDING ADEQUATE BATTERY POWER) FOR THE SUBARU STARLINK® SYSTEM TO OPERATE. You may need to increase the volume of your radio to hear operator services or automated voice delivered services from the SUBARU STARLINK® System. Your SUBARU STARLINK® System needs to be compatible with the SUBARU STARLINK® Services and the wireless service and technology provided by us. SUBARU STARLINK® Services may not work if your SUBARU STARLINK® System is not properly installed by an authorized installer, or if you have not maintained it and your Vehicle in good working order and in compliance with all government regulations. If you try to add or modify any equipment or software in your Vehicle including the SUBARU STARLINK® System, the SUBARU STARLINK® Services may not work and we can terminate your SUBARU STARLINK® Services. If your Vehicle does not have an ignition cycle after 48 hours, certain SUBARU STARLINK® Services may not be available until the Vehicle is started. In order for your Vehicle to receive certain remote service commands, including Destination to Vehicle, an ignition cycle is required.
D. Geography and Environment. Factors beyond our control may prevent us from providing SUBARU STARLINK® Services to you at any particular time or place, or may impair the quality of the Services. Some examples are the presence of hills, tall buildings, tunnels, weather, damage to important parts of your Vehicle in an accident or otherwise, or wireless network congestion.
E. Available Information. The SUBARU STARLINK® Services may be limited to geographic areas where map data and emergency (911) contact information is available in our databases, which may be less than that which is otherwise generally available. Additionally, the SUBARU STARLINK® Services may be limited based on the information provided by Service Providers. Routing data that we provide to you is based on the most current map information available to us or our Service Providers, but may be inaccurate or incomplete. In addition, traffic, weather and other events may cause road conditions to differ from the result generated. Therefore, you should always use good judgment, obey traffic and roadway laws and instructions, and evaluate whether it is safe and legal based on current traffic, weather and other conditions to follow any guidance provided by the Services. THE ROUTING DATA IS PROVIDED ON AN “AS IS” BASIS AND NEITHER SUBARU NOR ITS SERVICE PROVIDERS MAKE ANY SPECIFIC PROMISES OR REPRESENTATIONS REGARDING THE CONTENT OF THE ROUTING DATA OR ITS AVAILABILITY, RELIABILITY, COMPLETENESS OR ABILITY TO MEET YOUR NEEDS.
F. Outside Our Control. Subaru is not responsible for any delay or failure in performance whatsoever including but not limited to failure or delay caused by acts of nature, or forces or causes beyond our reasonable control. Examples of failures or delays caused by acts of nature, or forces or causes beyond our reasonable control include public utility electrical failure, electromagnetic pulse, acts of war, government actions, terrorism, civil disturbances, labor shortages or difficulties (regardless of cause), tornadoes, blizzards, or equipment failures including Internet, computer, telecommunication or other equipment or technology failures.
G. Voice Recordings and Disclosure of Information. Subaru may record conversations between you, another driver of your vehicle, or your vehicle’s occupants, and the SUBARU STARLINK® Connected Services Representative, through the interactive voice recognition systems, or calls that occur outside the vehicle to or from SUBARU STARLINK® Connected Services Representatives. YOU CONSENT, ON BEHALF OF YOURSELF, ALL OCCUPANTS OF YOUR VEHICLE, AND ANYONE ELSE ENGAGED IN A COVERSATION WITH US ABOUT YOUR VEHICLE OR YOUR ACCOUNT, TO THE RECORDING OF ALL CONVERSATIONS BETWEEN THE SUBARU STARLINK® CONNECTED SERVICES REPRESENTATIVES AND SUCH PERSONS AND YOU RELEASE SUBARU AND ANY SERVICE PROVIDERS FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES AND LOSSES THAT MAY RESULT FROM ANY SUCH MONITORED AND/OR RECORDED CONVERSATIONS. Call recordings may be shared with Service Providers. Additionally, if your Vehicle is equipped with Stolen Vehicle Recovery Plus and your vehicle is stolen, a SUBARU STARLINK® Connected Services Representative may determine the location of the vehicle, without the occupants’ knowledge, in order to assist in recovering the vehicle. Subaru may also be legally required to provide location data and other information obtained through the SUBARU STARLINK® System to law enforcement agencies. YOU RELEASE US AND ANY THIRD PARTY FROM AND AGAINST ANY AND ALL CLAIMS OR LIABILITIES ARISING OUT OF THE DISCLOSURE OF INFORMATION UNDER THOSE CIRCUMSTANCES.
A. Software, Hardware and Equipment Updates. SUBARU STARLINK® Services involve software that we may need to change from time to time. Such changes may affect or erase data you have stored on the SUBARU STARLINK® System in your Vehicle. We are not responsible for any lost data. You do not own the SUBARU STARLINK® software or acquire any rights to use, modify, or reverse engineer the SUBARU STARLINK® software or hardware on your own. Your Vehicle’s systems also involve software that Subaru may need to change from time to time. YOU AGREE TO ALLOW US TO AUTOMATICALLY ACCESS, INSTALL, UPDATE, UPGRADE OR OTHERWISE CHANGE ALL SOFTWARE USED BY YOUR VEHICLE OR THE SERVICES REMOTELY WITHOUT NOTIFYING YOU FIRST OR SEEKING ADDITIONAL CONSENT. WHEN SOFTWARE CHANGES ARE IN PROGRESS, YOU WILL NOT HAVE ACCESS TO YOUR SUBARU STARLINK® SERVICES INCLUDING AUTOMATIC COLLISION NOTIFICATION AND ASSISTANCE AND SOS EMERGENCY ASSISTANCE. YOUR VEHICLE MUST HAVE A WORKING ELECTRICAL SYSTEM (INCLUDING ADEQUATE BATTERY POWER AND NETWORK CONNECTIVITY) TO VIEW SUBARU STARLINK® NOTIFICATIONS INFORMING YOU THAT SOFTWARE CHANGES ARE IN PROGRESS.
B. Telecommunications/GPS Changes. The SUBARU STARLINK® System uses digital wireless telecommunications technology and GPS technology that are outside of our control. Telecommunications technologies have been known to change over time, resulting in the obsolescence of certain telecommunications networks. If the telecommunications technology or GPS technology used by your SUBARU STARLINK® System changes in a way that results in incompatibility of those technologies with your SUBARU STARLINK® System, then your SUBARU STARLINK® System will not work and we may be forced to cancel your SUBARU STARLINK® Services.
C. Wireless Carriers. You do not have any right in the wireless phone number(s) assigned to your SUBARU STARLINK® System. We can change the number at any time without notifying you first. As a condition to providing wireless service, the wireless carrier requires that you agree to the following terms. You agree that you have no contractual relationship whatsoever with the wireless carrier and that you are not a third-party beneficiary of any agreement between SUBARU, SUBARU STARLINK® or any Service Provider and any wireless carrier. IN ADDITION, YOU AGREE THAT THE WIRELESS CARRIER HAS NO LEGAL, EQUITABLE, OR OTHER LIABILITY OF ANY KIND TO YOU, INCLUDING ANY REIMBURSEMENT FOR THE COST OF THE VEHICLE’S DATA COMMUNICATIONS MODULE.
A. Advanced Automatic Collision Notification & SOS Emergency Assistance. When we receive an emergency signal from your Vehicle, we or our Service Provider will first attempt to verify your emergency, and then if appropriate, contact third-party emergency responders to respond to your emergency. You understand that we cannot assure you, or make any guarantees, about the manner or timeliness of such third-party response or even whether third-party emergency responders will in fact respond to your emergency at all or in a timely manner. YOUR VEHICLE MUST HAVE A WORKING ELECTRICAL SYSTEM (INCLUDING ADEQUATE BATTERY POWER) FOR THE AUTOMATIC COLLISION NOTIFICATION AND SOS FEATURES TO OPERATE. In the event we receive an Advanced Automatic Collision Notification from your Vehicle, diagnostic alerts from your Vehicle will be disabled for the next thirty (30) days to prevent those alerts from being generated during the Vehicle repair process.
B. Stolen Vehicle Recovery Plus. If your Vehicle is stolen, we can try to locate it. Before we try to do so, you will need to file a stolen vehicle police report with the local authorities and be able to verify your identity to us. We will ask for information about the police report you filed and verify with the local authorities that they are treating the Vehicle as stolen. For your safety and the safety of others, we will only provide location information about stolen vehicles to the police. A Stolen Vehicle immobilizer function can be activated only at the request of the local police and your authorization will be required to initiate all stolen vehicle services. Once your Vehicle is placed in Stolen Vehicle Recovery Mode, certain remote services will be suspended until you notify us that Stolen Vehicle Recovery Mode can be removed. We will not continue to try to locate your Vehicle after seven days from the time you first report it stolen, and we cannot guarantee that we will find it. You may request one additional seven-day extension, after which we will cease any efforts to locate your Vehicle. Also, we are not required to try to find your Vehicle to locate a person. We will only provide stolen vehicle location service for your Vehicle to an authorized third-party, which means only you or an authorized user of legal age listed on your account, a government entity pursuant to a valid court order or other official governmental action.
D. Remote Door Lock & Remote Door Unlock. This service requires you to establish and use a PIN each time it is accessed, whether by operator, website, mobile app or phone. We will provide assistance to anyone who can provide us your password/PIN or other satisfactory identification of your account. If Remote Door Unlock is unsuccessful, we may contact roadside assistance or emergency Service Providers to help you upon request.
E. Remote Horn & Lights. It is your responsibility prior to activating Remote Horn & Lights to ensure that doing so will not violate any regulation, ordinance or other law applicable where your Vehicle is located at time of activation. This service requires you to establish and use a PIN each time it is accessed, whether by operator, website, mobile app or phone. We will provide assistance to anyone who can provide us your password/PIN or other satisfactory identification of your account.
F. Remote Engine Start with Climate Control. This service is separate from any remote start function on your Vehicle’s key fob and may not be available in all vehicles. It is your responsibility prior to activating this service, to ensure that your Vehicle is parked and in the proper gear, under conditions that make it safe to start the engine, as well as to ensure that starting your Vehicle remotely will not violate any regulation, ordinance, or other law applicable where your Vehicle is located at time of activation. In particular, you agree that, when you activate this service, you will comply with your local municipal by-law regarding the control of motor vehicle idling. In order to drive the Vehicle, the key must be present. This service requires you to establish and use a PIN each time it is accessed, whether by operator, web, mobile app or phone. We will provide assistance to anyone who can provide us your password/PIN or other satisfactory identification of your account.
G. Diagnostic & Maintenance Alerts. Your Vehicle may only send diagnostic trouble codes to the SUBARU STARLINK® Services that result in a dashboard warning light. In some instances, multiple codes may be generated for the same occurrence. The current diagnostic status of your Vehicle presented online and in your monthly vehicle report may be delayed. You should visit a qualified repair facility for a complete and current diagnostic status of your Vehicle. The SUBARU STARLINK® System or Services may process and transmit diagnostic and maintenance information to Dealers. This service is provided to you as a courtesy for your convenience only, and the Vehicle owner is responsible for maintaining the Vehicle in accordance with the schedule published in the warranty and maintenance booklet.
H. Wi-Fi Services. Wi-Fi may be only available on select vehicles. Consult your Vehicle Owner’s Manual for applicability. Purchasing Wi-Fi services binds you contractually with the SUBARU STARLINK® Wireless Carrier. A separate contract is required with the SUBARU STARLINK® Wireless Carrier and you are responsible for adhering to all requirements and contractual terms and conditions of the agreement. We reserve the right to request information from the Wireless Carrier regarding your account for the purposes of checking account active/non-active status, service activity reporting, confirming/troubleshooting functionality of the Wi-Fi Services in your Vehicle or for other purposes.
I. Enhanced Roadside Assistance. The enhanced aspect of Roadside Assistance is the availability of GPS location. YOUR VEHICLE MUST HAVE A WORKING ELECTRICAL SYSTEM (INCLUDING ADEQUATE BATTERY POWER AND NETWORK CONNECTIVITY) FOR THIS ENHANCED FEATURE TO OPERATE.
K. Concierge Destination to Vehicle. Concierge destination to vehicle services require embedded navigation in the Vehicle. Consult your vehicle Owner’s Manual for applicability. For your Vehicle to accept destinations, an ignition on cycle is required. If your Vehicle is not equipped with an embedded navigation system, a destination can be sent to a mobile device however, data rates and other standard mobile device restrictions will apply.
M. Enhanced Service Appointment Scheduler. This service, if equipped, is provided to you as a courtesy for your convenience only, and the Vehicle owner is responsible for maintaining the Vehicle in accordance with the schedule published in the warranty and maintenance booklet. THIS SERVICE REQUIRES YOUR VEHICLE TO HAVE A WORKING ELECTRICAL SYSTEM (INCLUDING ADEQUATE BATTERY POWER AND NETWORK CONNECTIVITY) FOR THIS FEATURE TO OPERATE.
N. Daylight Savings Time. Notifications and preferences set up via your MySubaru account do not account for daylight savings time. Based on your geographic location, you may have to adjust your settings.
O. Default Notifications. Subaru may set default notification preferences at the start of your SUBARU STARLINK® Services using the email address and/or mobile phone number you provide to us. You may modify these notification preferences through your MySubaru account. You agree that you may not opt out of receiving billing notifications.
Q. Battery Health Monitoring (Plug-In Hybrid Electric Vehicle Only). This service is available to monitor the battery charge and battery performance in Plug-In Hybrid Electric Vehicle models. Your Vehicle will transmit battery condition information to us upon each ignition cycle. The data that is transmitted will be used by us for future battery development purposes and to help ensure that the battery in your Vehicle is performing properly.
A. Working System. The SUBARU STARLINK® System in your Vehicle may have been activated in transit from the manufacturer to your dealer and may still be active. You understand and accept that your Vehicle may transmit its location or emergency-related data prior to your completion of your enrollment. Any transaction with anyone but us that you carry out using SUBARU STARLINK® Services, and any use that you make of any information received from or through any SUBARU STARLINK® Services, is entirely your responsibility. You act at your own risk.
B. Passwords/PINs. You promise to be fully responsible for the protection of your password and PINs. Anyone who has access to your password or PINs may be able to access your MySubaru account and the SUBARU STARLINK® features. We have no responsibility for or obligation to inquire about the authority of anyone using your password or PINs or other information that can be used to identify your account to request SUBARU STARLINK® Services for your Vehicle. You are responsible for safeguarding your password and PINs and for any service usage and account changes initiated by Authorized Users who have been given access to your account and/or vehicle. YOU HAVE THE OBLIGATION TO PROTECT YOUR USERNAME, PASSWORD AND PINS FROM UNAUTHORIZED USE.
C. Proper Use of the Services. You are responsible for ensuring safety and compliance with all regulations, ordinances and other laws applicable to your Vehicle. You promise to use SUBARU STARLINK® emergency and roadside services only for actual emergencies and roadside assistance needs. You promise not to use, or allow others to use, the SUBARU STARLINK® Services for any fraudulent, unlawful, or abusive purpose, or in any way that is not described in materials provided by us to you or that interferes with our provision of services to you or to our other customers. You promise you will not abuse or do anything to damage our business operations, services, reputation, employees or facilities. If you do any of these things, you agree to indemnify, defend and hold us harmless from and against any and all costs, expenses (including lawyers’ fees), losses, damages and other liabilities which arise from or are in connection with a claim or demand that any third party makes against us, which results in whole or in part from that use or misuse, or your actions or failure to act. The SUBARU STARLINK® Services are for the use of you and the occupants of your Vehicle only and you may not resell the SUBARU STARLINK® Services to any other party.
D. Safeguarding and Use of Others’ Information. Certain information you receive through your SUBARU STARLINK® Services belongs to us or third parties who provide it through us. It may be covered by one or more copyrights, trademarks, service marks, patents, trade secrets or other legal protections. You promise not to use any content you receive through SUBARU STARLINK® System or Services except as expressly authorized by us. You cannot license, lease, sell, resell, have licensed, have leased, have sold or resold, or otherwise transfer or convey any of it or use it for commercial purposes. You agree you will not copy, store, reproduce, distribute, modify, display, publish, perform, transmit, broadcast, or create derivative works from any of it. Certain Service Providers impose further terms and conditions on providing services (for example, the end user terms covering navigation and location data). By using the SUBARU STARLINK® Services, you also agree to be bound by those additional terms and conditions. You can access these additional terms and conditions online at MySubaru.ca, or request a copy by emailing us, calling us, or writing to us at the information provided above.
YOU ARE SOLELY RESPONSIBLE FOR ANY USE OF SUBARU STARLINK® SERVICES IN YOUR VEHICLE, EVEN IF YOU ARE NOT THE ONE USING IT, AND EVEN IF YOU LATER CLAIM THE USE WAS NOT AUTHORIZED. YOU ARE ALSO SOLELY RESPONSIBLE FOR THE SERVICES REQUESTED BY YOU, OR BY ANYONE USING OR OCCUPYING YOUR VEHICLE, THROUGH SUBARU STARLINK®.
We have no obligation to inquire about the authority of anyone using your Vehicle. If you, another driver or a passenger of your Vehicle uses the SUBARU STARLINK® System to commit a crime or for another improper purpose, you agree to indemnify, defend and hold Subaru, its affiliates and Service Providers, and their respective directors, officers, employees and agents, harmless from and against any and all costs, expenses (including lawyers’ fees), losses, damages and other liabilities which arise from such improper use.
Warranties are special kinds of promises. YOUR VEHICLE’S LIMITED WARRANTY DOES NOT COVER THE SUBARU STARLINK® SERVICES OR THE WIRELESS SERVICE, WHICH IS PROVIDED TO YOU ON AN “AS IS” AND “WHERE IS” BASIS, WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. IN ADDITION, SUBARU CANNOT PROMISE UNINTERRUPTED OR PROBLEM-FREE SERVICE, AND CANNOT PROMISE THAT THE DATA OR INFORMATION PROVIDED TO YOU WILL BE ERROR-FREE. ALL DATA AND INFORMATION IS PROVIDED TO YOU ON AN "AS IS" BASIS. SUBARU HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ABOUT THE SUBARU STARLINK® SYSTEM, THE SUBARU STARLINK® SERVICES AND ANY DATA AND INFORMATION AND SERVICES PROVIDED THROUGH IT, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES AS TO CONTENT, QUALITY, ACCURACY, TIMELINESS, COMPLETENESS, CORRECTNESS, RELIABILITY, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. ALL SUCH WARRANTIES ARE EXPRESSLY EXCLUDED BY THIS AGREEMENT. THE UNDERLYING WIRELESS CARRIER DOES NOT WARRANT THAT END USERS CAN OR WILL BE LOCATED USING THE SERVICE.
YOU AND WE ARE EACH WAIVING IMPORTANT RIGHTS. UNLESS FORBIDDEN BY LAW IN A PARTICULAR INSTANCE, WE EACH AGREE AS FOLLOWS:
A. WE ARE NOT LIABLE TO YOU FOR THE ACTIONS OR INACTIONS OF ANY SERVICE PROVIDER WE CONTACT FOR YOU OR YOUR VEHICLE, OR FOR OUR INABILITY TO CONTACT ANY SERVICE PROVIDER IN ANY PARTICULAR SITUATION.
B. WE ARE NOT LIABLE TO YOU FOR (I) ANY INJURIES TO PERSONS OR PROPERTY ARISING OUT OF OR RELATING TO YOUR OR THE OCCUPANTS’ OR YOUR VEHICLE’S USE OF THE SUBARU STARLINK® SYSTEM OR SUBARU STARLINK® SERVICES; (II) ANY DAMAGES ARISING OUT OF OR RELATING TO THE INSTALLATION, REPAIR, OR MAINTENANCE OF THE SUBARU STARLINK® SYSTEM; (III) ERRORS, DEFECTS, PROBLEMS OR MISTAKES IN DATA OR INFORMATION TRANSMITTED THROUGH THE SUBARU STARLINK® SYSTEM; (IV) DEFECTS, FAILURES OR SERVICE INTERRUPTIONS (INCLUDING TRANSMISSION, DROPPED CALLS OR FOR PROBLEMS CAUSED BY OR CONTRIBUTED TO BY YOU, BY ANY THIRD PARTY, BY BUILDINGS, HILLS, TUNNELS, NETWORK CONGESTION, WEATHER, OR ANY OTHER THINGS SUBARU IS UNABLE TO CONTROL); (V) ANY DAMAGES INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF EARNINGS, LOSS OF BUSINESS OPPORTUNITY, LOSS OF PROPERTY OR ANY OTHER LOSS WHATSOEVER, ARISING DIRECTLY OR INDIRECTLY, FROM THE USE OF THE SUBARU STARLINK® SYSTEM OR SUBARU STARLINK® SERVICES; (VI) ANY ERRORS, DEFECTS, PROBLEMS, OR MISTAKES IN DATA OR INFORMATION TRANSMITTED THROUGH THE SUBARU STARLINK® SYSTEM; (VII) ANY CONTENT RECORDED OR TRANSMITTED BY US OR OUR SERVICE PROVIDERS INCLUDING BUT NOT LIMITED TO CONTENT THAT MAY BE ILLEGAL, DEFAMATORY, OFFENSIVE OR ANNOYING OR WHICH MAY INFRINGE UPON YOUR OR OTHER’S INTELLECTUAL PROPERTY, PRIVACY OR OTHER RIGHTS; OR (VIII) LOSS, THEFT, DAMAGE TO OR UNAUTHORIZED USE OF THE SUBARU STARLINK® SYSTEM, SUBARU STARLINK® SERVICES OR ANY EQUIPMENT (INCLUDING YOUR MOBILE DEVICE).
C. THE MAXIMUM AGGREGATE LIABILITY OF SUBARU, THE WIRELESS CARRIER AND ANY OTHER SERVICE PROVIDER TO YOU UNDER ANY THEORY (INCLUDING BUT NOT LIMITED TO FRAUD, MISREPRESENTATION, BREACH OF CONTRACT, PERSONAL INJURY, OR PRODUCTS LIABILITY) IS LIMITED TO THE AMOUNT PAID BY YOU FOR THE SERVICES DURING THE TWO-MONTH PERIOD PRECEDING THE DATE THE CLAIM AROSE. YOU AGREE THAT SUBARU WOULD NOT HAVE AGREED TO PROVIDE SUBARU STARLINK® SERVICES TO YOU IF YOU DID NOT AGREE TO THIS LIMITATION. THIS AMOUNT IS THE SOLE AND EXCLUSIVE LIABILITY OF SUBARU AND ANY OTHER THIRD-PARTY BENEFICIARIES TO YOU, AND IS PAYABLE AS LIQUIDATED DAMAGES AND NOT AS A PENALTY.
D. NEITHER YOU NOR WE CAN RECOVER (I) PUNITIVE OR EXEMPLARY DAMAGES, (II) TREBLE, CONSEQUENTIAL, INDIRECT, INCIDENTAL OR SPECIAL DAMAGES, OR (III) LAWYERS’ FEES (EXCEPT IN CONNECTION WITH INDEMNIFICATION CLAIMS AS PROVIDED IN THIS AGREEMENT). YOU AND WE AGREE NOT TO MAKE, AND TO WAIVE TO THE FULLEST EXTENT ALLOWED BY LAW, ANY CLAIM FOR DAMAGES OTHER THAN DIRECT, ACTUAL, COMPENSATORY DAMAGES AS LIMITED IN THIS AGREEMENT.
E. NOTWITHSTANDING ANYTHING ELSE IN THIS AGREEMENT, YOU AGREE TO EXCUSE ANY NON-PERFORMANCE BY US CAUSED IN WHOLE OR IN PART BY AN ACT OR OMISSION OF A THIRD PARTY, OR BY ANY EQUIPMENT FAILURE, ACT OF GOD, NATURAL DISASTER, STRIKE, EQUIPMENT OR FACILITY SHORTAGE, OR OTHER CAUSES BEYOND THE CONTROL OF SUBARU.
F. IF ANOTHER WIRELESS SERVICE PROVIDER IS INVOLVED IN ANY PROBLEM (FOR EXAMPLE, BECAUSE OF ROAMING), YOU ALSO AGREE TO ANY LIMITATIONS OF LIABILITY THAT IT IMPOSES ON ITS CUSTOMERS.
G. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE NO CONTRACTUAL RELATIONSHIP WITH THE UNDERLYING WIRELESS SERVICE CARRIER AND YOU ARE NOT A THIRD-PARTY BENEFICIARY OF ANY AGREEMENT BETWEEN SUBARU AND THE UNDERLYING CARRIER. YOU UNDERSTAND AND AGREE THAT THE UNDERLYING CARRIER HAS NO LEGAL, EQUITABLE, OR OTHER LIABILITY OF ANY KIND TO YOU. IN ANY EVENT, REGARDLESS OF THE FORM OF THE ACTION, WHETHER FOR BREACH OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY IN TORT OR OTHERWISE, YOUR EXCLUSIVE REMEDY FOR CLAIMS ARISING IN ANY WAY IN CONNECTION WITH THIS AGREEMENT, FOR ANY CAUSE WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY FAILURE OR DISRUPTION OF SERVICE PROVIDED HEREUNDER, IS LIMITED TO PAYMENT OF DAMAGES IN AN AMOUNT NOT TO EXCEED THE AMOUNT PAID BY YOU FOR THE SERVICES DURING THE TWO-MONTH PERIOD PRECEDING THE DATE THE CLAIM AROSE.
H. YOU ACKNOWLEDGE AND AGREE THAT NEITHER SUBARU NOR THE UNDERLYING CARRIER CAN GUARANTY THE SECURITY OF WIRELESS TRANSMISSIONS, AND WILL NOT BE LIABLE FOR ANY LACK OF SECURITY RELATING TO THE USE OF THE SERVICES.
I. IN NO EVENT SHALL THE UNDERLYING WIRELESS CARRIER BE LIABLE, WHETHER OR NOT DUE TO ITS OWN NEGLIGENCE, FOR ANY: (I) ACT OR OMISSION OF A THIRD PARTY INCLUDING, BUT NOT LIMITED TO, INTENTIONAL OR NEGLIGENT ACTS OF THIRD PARTIES THAT DAMAGE OR IMPAIR THE NETWORK OR DISRUPT SERVICE; (II) MISTAKES, OMISSIONS, INTERRUPTIONS, ERRORS, FAILURES TO TRANSMIT, DELAYS, OR DEFECTS IN THE SERVICE PROVIDED BY OR THROUGH THE UNDERLYING CARRIER; (III) DAMAGE OR INJURY CAUSED BY SUSPENSION OR TERMINATION BY THE UNDERLYING CARRIER; OR (IV) DAMAGE OR INJURY CAUSED BY A FAILURE OR DELAY IN CONNECTING A CALL TO ANY ENTITY, INCLUDING 911 OR ANY OTHER EMERGENCY SERVICE. TO THE FULLEST EXTENT ALLOWED BY LAW, YOU RELEASE, INDEMNIFY AND HOLD THE UNDERLYING CARRIER HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS OF ANY PERSON OR ENTITY FOR DAMAGES OF ANY NATURE ARISING IN ANY WAY FROM OR RELATING TO, DIRECTLY OR INDIRECTLY, SERVICES PROVIDED BY THE UNDERLYING CARRIER OR ANY PERSON’S USE THEREOF, INCLUDING CLAIMS ARISING IN WHOLE OR IN PART FROM THE ALLEGED NEGLIGENCE OF THE UNDERLYING CARRIER.
J. You agree that the limitations of liability and indemnities in this Agreement will survive even after the Agreement has ended. These limitations of liability apply not only to you, but to anyone occupying or using your Vehicle, to anyone making a claim on your behalf, and to any claims made by your family, employees, customers, or others arising out of or relating to your SUBARU STARLINK® Services or the SUBARU STARLINK® System.
NOTE: Some provinces do not allow an exclusion or limitation of incidental or consequential damages or certain other damages, so some of the limitations above may not apply in some situations.
The provision of the SUBARU STARLINK® Services is intended as a convenience. The payments you make for the SUBARU STARLINK® Services are not related to the value of your Vehicle or any property in it, or the cost of any injury to or damages suffered by you or anyone else as a result of the operation of your Vehicle. We are not an insurance company. You promise you will obtain and maintain appropriate insurance covering personal injury, loss of property, and other risks. FOR YOURSELF AND FOR ANYONE ELSE CLAIMING UNDER YOU, YOU HEREBY RELEASE AND DISCHARGE SUBARU AND THE SERVICE PROVIDERS AND EACH OF THEIR PARENTS, AFFILIATES, AND SUBSIDIARIES, AND THE RESPECTIVE OFFICERS, DIRECTORS, AND EMPLOYEES OF ANY OF THEM FROM AND AGAINST ALL HAZARDS COVERED BY YOUR INSURANCE. NO INSURANCE COMPANY OR INSURER WILL HAVE ANY RIGHT OF SUBROGATION AGAINST SUBARU OR THE SERVICE PROVIDERS.
IN ORDER TO RECEIVE SUBARU STARLINK® SERVICES, YOU AGREE THAT YOU WILL INDEMNIFY, DEFEND AND HOLD SUBARU AND ALL SERVICE PROVIDERS HARMLESS FROM AND AGAINST ANY AND ALL AMOUNTS ANYONE ELSE CLAIMS FROM US, PLUS ANY AND ALL COSTS AND EXPENSES WE MAY INCUR (INCLUDING LAWYERS’ FEES), RESULTING FROM ANY CLAIM, DEMAND OR ACTION, REGARDLESS OF THE NATURE OF THE CAUSE OF THE CLAIM, DEMAND, OR ACTION ALLEGING LOSS, COSTS, EXPENSES, DAMAGES, OR INJURIES (INCLUDING INJURIES RESULTING IN DEATH) ARISING OUT OF OR IN CONNECTION WITH (I) THE ACTIVITIES CONTEMPLATED BY THIS AGREEMENT, WHETHER BROUGHT BY YOU, THE OCCUPANTS OF YOUR VEHICLE, YOUR EMPLOYEES, OR THIRD PARTIES, EVEN IF DUE TO THE SOLE NEGLIGENCE OF SUBARU OR ANY OF THE SERVICE PROVIDERS; (II) THE COLLECTION, POSSESSION, USE OR DISCLOSURE OF DATA OR INFORMATION PROVIDED IN CONNECTION WITH SUBARU STARLINK® SERVICES; (III) CLAIMS FOR LIBEL, SLANDER, OR ANY PROPERTY DAMAGE, PERSONAL INJURY OR DEATH, ARISING OUT OF OR RELATED IN ANY WAY DIRECTLY OR INDIRECTLY TO THIS AGREEMENT; OR (IV) THE USE, FAILURE TO USE, OR INABILITY TO USE SUBARU STARLINK® SERVICES, EXCEPT WHERE THE CLAIMS RESULT FROM THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF SUBARU OR ANY OF THE SERVICE PROVIDERS. IN ADDITION, IF YOU HAVE AUTHORIZED SUBARU TO CHARGE AMOUNTS DUE AGAINST YOUR CREDIT, DEBIT OR BANK CARD ACCOUNT OR OTHER SIMILAR ACCOUNT BY GIVING US A CARD OR ACCOUNT NUMBER, THEN YOUR AGREEMENT IN THIS SECTION EXTENDS TO CLAIMS, EXPENSES, LIABILITIES, OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OR OWNERSHIP OF THE CREDIT, DEBIT OR BANK CARD ACCOUNT OR OTHER SIMILAR ACCOUNT, OR FROM THE ISSUER'S REFUSAL TO PAY AMOUNTS CHARGED TO SUCH ACCOUNT.
A. Governing Law. To the fullest extent permitted by law and except as explicitly provided otherwise, this Agreement and any disputes arising out of or relating to it will be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein without regard to its conflict of law principles. Any action or litigation concerning this Agreement will take place exclusively in the courts sitting in Toronto, Canada and you expressly consent to the jurisdiction of and venue in such courts and waive all defenses of lack of jurisdiction and inconvenient forum with respect to such courts. For any such actions, you hereby agree to service of process by mail or other method acceptable under the laws of the Province of Ontario.
B. Time Limits. EXCEPT WHERE PROHIBITED BY LAW, YOU ARE NOT ALLOWED TO BRING ANY CLAIM AGAINST SUBARU, A SERVICE PROVIDER, OR ANY OTHER THIRD-PARTY BENEFICIARY MORE THAN ONE YEAR AFTER THE CLAIM ARISES.
B. Others Covered by this Agreement. EACH OF THE PERSONS/ENTITIES LISTED IN THE SECOND PARAGRAPH OF THESE SUBARU STARLINK® TERMS IS BOUND BY THIS AGREEMENT. YOU AGREE THAT YOU WILL MAKE ALL OF THE OCCUPANTS OF YOUR VEHICLE, WHETHER PASSENGERS, GUESTS OR DRIVERS OF YOUR VEHICLE, AWARE OF OUR RIGHTS AND SUBJECT TO THE LIMITATIONS OF THIS AGREEMENT.
C. Our Relationship. This Agreement does not create any fiduciary relationships between you and us. It also does not create any relationship of principal and agent, partnership, or employer and employee.
D. Assignment. We can assign this Agreement or your obligations to pay under it in whole or in part to anyone we choose. You cannot assign this Agreement or your obligations to anyone else without our prior written consent and any attempted assignment in violation of this provision shall be void.