GCS Terms

Genesis Connected Services Terms and Conditions (Terms and Conditions). Effective as of 1 December 2018

Welcome to Genesis Connected Services. These Terms and Conditions and the information from your subscription, are the agreement between you and Genesis Motors Australia regarding our provision of Genesis Connected Services to you and your use of the Genesis Connected Services application (“App”) (collectively “Agreement”). Additionally, if you register (or have registered) for a myGenesis account at www.genesis-motors.com.au any additional terms and conditions provided to you when registering for a myGenesis account will form part of this Agreement.
If you use the App or if you activate, receive, use, accept or otherwise access Genesis Connected Services, you accept and agree to be bound by these Terms and Conditions. You are entering into this Agreement on behalf of (i) yourself; and (ii) any driver or occupant (for example, additional drivers, passengers) of your Genesis vehicle. You represent and warrant that you have authority to do so.
In this Agreement, the terms “we”, “us”, “our” and “Genesis Motors Australia” shall be deemed to collectively refer to the following persons/entities, each of which are intended beneficiaries of this Agreement: (i) Genesis Motor Company Australia Pty Limited trading as Genesis Motors Australia (ABN 58 008 995 588) and its affiliates, its parent company, Genesis Motor Company (Korea), and our authorised dealers and service centres in Australia; and (iii) any employees, directors, officers, subcontractors, representatives and agents of any of the above persons or entities.
This Agreement is a binding and enforceable agreement between you (including any additional driver or passengers) and Genesis Motors Australia.
You can contact us at any time by calling Customer Care on 1800 90 80 70 or email: genesiscare@genesis-motors.com.au.

1. Service requirements and service providers.

To use this App and Genesis Connected Services, your Genesis vehicle (“Vehicle”) must come, or be fitted, with an authorised Genesis Connected Services device (the “Genesis Connected Services Device”), which is the equipment, including hardware, firmware and software, used to provide Genesis Connected Services to you in respect of your Vehicle. In order to use this App to receive Genesis Connected Services, you will need a compatible mobile device such as a smartphone. (Details of compatible vehicles and smartphones can be found at www.genesis-motors.com.au/mygenesis.) You shall be solely responsible for the costs of supplying, maintaining and operating your mobile device, including telecommunications costs. Your telecommunications service provider may charge you fees to access or transmit data. You are responsible for any fees that you incur in connection with your use of this App (including when updating the hardware, firmware and software, both in your Vehicle and the App). Contact your telecommunications service provider for more information regarding data rates and fees. The proper operation of Genesis Connected Services may be affected by the settings (including settings relating to location services), configuration or features of your mobile device, and by the coverage or quality of the telecommunications services that you have purchased in conjunction with your mobile device. We are not responsible for any limitations, restrictions, features or effects of your mobile device or the relevant telecommunications services.
Genesis Connected Services are provided to you by Genesis Motors Australia and its appointed service providers. Those service providers include any entity that provides any service, equipment, or facilities in connection with Genesis Connected Services or the Genesis Connected Services Device, including, but not limited to, wireless service providers, underlying wireless carriers, suppliers, emergency responders, authorised dealers or service centres, and are referred to as “Service Provider(s)”. Genesis Motors Australia may interact with and/or engage one or more Service Providers as necessary to provide Genesis Connected Services.
Additionally you must have an active Genesis Connected Services subscription to utilise Genesis Connected Services provided to you by Genesis Motors Australia through its Service Providers.

2. Fees, Payment, Billing and Taxes

A. Fees and billing.
The fee and payment schedule for Genesis Connected Services will be communicated to you or posted on the Genesis Motors Australia website at www.genesis-motors.com.au/mygenesis. As your subscription period for Genesis Connected Services comes up for expiration, you will be asked to provide Genesis Motors Australia with valid payment information if you wish to continue with Genesis Connected Services. By providing payment information to us, you represent that you are an authorised user of such payment account. The price of your Genesis Connected Services may change over time, and we will use the rates then in effect for the applicable payment period for those charges.
B. Your payment obligations.
You must always pay on time and (unless the law provides otherwise) in full. If your credit, bank or debit card provider refuses a charge or an automated withdrawal, we can also terminate or suspend your service. 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.
C. Taxes and other fees.
You promise to pay all taxes, fees and surcharges set by the government and charged to you by us. We may charge you additional fees related to our costs, or the costs of our Service Providers, to comply with government regulations. These can include items such as 000-related assessments or charges, false alarm fines and other charges required or permitted by government agencies.

3. Service activation, duration and cancellation.

A. Activation.
Your Genesis Connected Services starts after you have accepted this Agreement and provided all of the necessary information required to start providing Genesis Connected Services or when you (or another user or occupant of your Vehicle) use Genesis Connected Services or accept any of its benefits.
B. Duration.
Your Genesis Connected Services starts as set out above and continues for your chosen subscription period unless and until it is cancelled by you or us as allowed in this Agreement.
C. Your cancellation rights.
You can cancel your Genesis Connected Services at any time. To cancel your Genesis Connected Services, you will need to call Genesis Care at 1800 90 80 70 You will be required to provide proof of ownership in order cancel the service and deactivate the Genesis Connected Services Device. You promise to: (i) notify us promptly if you sell or dispose of your Vehicle, if the lease ends or if your Vehicle is subject to a casualty event, so that we can update our systems and reset or deactivate the Vehicle’s Genesis Connected Services Device; and (ii) notify the purchaser or new lessee of the Vehicle that the Vehicle’s Genesis Connected Services has been active and that the new owner or operator should immediately enrol for Genesis Connected Services by either contacting Genesis Care at 1800 90 80 70 or by registering for a mygenesis account www.genesis-motors.com.au/mygenesis, downloading the App and pairing their mobile device to the Vehicle. If you do not cancel Genesis Connected Services in circumstances where the Vehicle is sold, disposed of or destroyed, you may continue to be charged a fee for the service.
D. Our cancellation and suspension rights.
We may cancel your Genesis Connected Services without cause, in which case we will give you notice 30 days prior to the effective date of cancellation after which your Genesis Connected Services subscription will be deactivated and your Genesis Connected Services will terminate. This means that we can decide to cease providing Genesis Connected Services to you at any time and for any reason, even for reasons unrelated to you or your Genesis Connected Services subscription with us. Additionally, we may cancel your Genesis Connected Services without prior notice to you if we have received information that establishes you are no longer the owner/lessee of your Vehicle, if you breach any part of this Agreement, interfere with our efforts to provide Genesis Connected Services, interfere with our business, if use of Genesis Connected Services could cause loss or harm to any person, or if your Genesis Connected Services or wireless phone number is used for illegal or improper purposes. In the event we cancel your Genesis Connected Services for good cause, we will not refund any prepaid or unused portions of your service fees. We can suspend your Genesis Connected Services for any reason or we could cancel it. We can also suspend it for network or system maintenance or improvement, or if there is network congestion, or if we suspect your Genesis Connected Services is being used for any purpose that would allow us to cancel it.

4. Different users or drivers of the same Vehicle fitted with a Genesis Connected Services Device.

Any number of drivers, users or occupants of the same Vehicle which has been fitted with a Genesis Connected Services Device may utilise Genesis Connected Services provided that the App has been downloaded onto their mobile device and the mobile device has been paired to the Vehicle. However, only one mobile device can be paired to a Vehicle fitted with a Genesis Connected Services Device at any one time. If you register (or have registered) for a myGenesis account you will be able to view all information (as explained in Section 10) collected when Genesis Connected Services have been utilised, irrespective of the driver, user or occupant, when you access your myGenesis account. Other drivers, users or occupants will only be able to view information (as explained in Section 10) on their mobile device during the time that it is paired to the Vehicle and will not be able to view information pertaining to another driver’s, user’s or occupant’s use of the Vehicle. You are solely responsible for any use of Genesis Connected Services in your Vehicle, even if you are not the one using it and even if you later claim the use was not authorised. You are responsible for notifying or informing other drivers, users or occupants who use your Vehicle and Genesis Connected Services, that you may view information (as explained in Section 10) pertaining to, and their use of, the Vehicle when you access your myGenesis account.

5. Changes to this Agreement.

We can change this Agreement at any time, after giving 30 days’ notice to you (or such longer period as required by law). This includes changing any or all of this Agreement, even the prices and services provided. If any such change materially affects your rights under this Agreement, or negatively impacts your Genesis Connected 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 Terms and Conditions on the Genesis Connected Services App and on the Genesis Motors Australia website at www.genesis-motors.com.au/mygenesis. If the changes we make to this Agreement or Genesis Connected Services are not acceptable to you, you may cancel your Genesis Connected Services. If you do not cancel your Genesis Connected Services within 30 days of the date of the notice, then you will be agreeing to the change and it will automatically become a part of this Agreement. You can obtain a copy of the current terms of this Agreement by calling us or online at www.genesis-motors.com.au/mygenesis.

6. Special information about service and system limitations.

A. Availability.
Genesis Connected Services are only available in Australia and in the geographic coverage area of Telstra Corporation Limited (ABN 33 051 775 556) (“Telstra”), as amended from time to time. Genesis Connected Services may include features that rely on the location services provided by your mobile device or using the wireless communication networks of Telstra and the Global Positioning System (“GPS”) satellite network. Not all Genesis Connected Services are available everywhere, particularly in remote or enclosed areas, or on all vehicles, at all times. The operation of the location services may be affected by issues outside our control, including your location, your activation or deactivation of location services on your mobile device, and services provided by your telecommunications service provider. The area that you are driving in may affect the type or quality of service that we can provide to you. Additionally, some Genesis Connected Services may not be fully available if the GPS system or other mobile device features are not working. Certain programming limitations of the GPS system may impair our ability to determine your Vehicle’s precise location.
B. Vehicle and equipment.
Genesis Connected Services are provided using an embedded telematics device installed in your Vehicle which receives GPS signals and communicates with us via wireless and landline communications networks. Your Vehicle must have a working electrical system (including adequate battery power) for the Genesis Connected Services Device to operate. Your Genesis Connected Services may not work if your Genesis Connected Services Device is not properly installed (by someone we have authorised), not maintained, if your Vehicle is not in good working order and in compliance with government regulations. If you try to add or modify any equipment or software in your Vehicle including the Genesis Connected Services Device, Genesis Connected Services may not work and we can terminate your service.
C. Available information.
Location-related aspects of Genesis Connected Services may be limited to geographic areas where map data is available in our databases, which may be less than that which is otherwise generally available. Additionally, Genesis Connected Services may be limited based on the information provided by Service Providers.
D. Outside our control.
Genesis Motors Australia is not responsible for any delay or failure in performance of Genesis Connected Services if such failure or delay could not have been prevented by reasonable precautions. Additionally, we are not responsible if such failure or delay is caused by natural events, or forces or causes beyond our reasonable control. Examples include public utility electrical failure, acts of war, government actions, terrorism, civil disturbances, labour shortages or difficulties (regardless of cause), or equipment failures including internet, telecommunication or other equipment or technology failures.

7. Special notices.

A. Software, firmware, hardware and equipment updates.
Genesis Connected Services involve software and firmware (both in your Vehicle and in the App) that we may need to change from time to time. We may do this remotely without notifying you first. Such changes may affect or erase data you have stored on the Genesis Connected Services Device in your Vehicle. We are not responsible for any lost data. You do not own Genesis Connected Services software, firmware or this App or acquire any rights to use or modify Genesis Connected Services software or firmware on your own.
B. Wireless carrier.
You do not have any right in the wireless phone number assigned to your Genesis Connected Services Device. We can change the number at any time. As a condition to providing the wireless service, Telstra requires that you agree to the following terms. You agree that you have no contractual relationship whatsoever with Telstra in regard to the provision of Genesis Connected Services. You also agree that Telstra has no legal, equitable, or other liability of any kind to you.

8. Special information and agreements about certain services

The types of services available to you via Genesis Connected Services will depend on what subscription you have selected. Please refer to the information from your subscription or contact Genesis Care by calling 1800 90 80 70.
A. Automatic collision notification and SOS emergency assistance.
When we receive an emergency signal from your Vehicle, we will first attempt to verify your emergency, and then if appropriate, contact third party emergency responders to respond to your emergency. We cannot promise that any responders will respond at all or in a timely manner.
B. Remote door unlock/lock.
We may be able to unlock your Vehicle doors remotely if you are locked out of the Vehicle. This service requires you to establish and use a password/PIN each time it is accessed. We will provide assistance to anyone who can provide us your password/PIN or other satisfactory identification of your account.
C. Remote horn and lights.
It is your responsibility prior to activating remote horn and lights to ensure that doing so will not breach any law or regulation applicable to the location of your Vehicle at the time of activation. This service requires you to establish and use a password/PIN each time it is accessed. We will provide assistance to anyone who can provide us your password/PIN or other satisfactory identification of your account.
D. Remote start.
It is your responsibility prior to activating remote start to ensure that your Vehicle is secured, parked and in proper gear, under conditions that make it safe to start the engine, as well as to ensure that starting your Vehicle will not breach any law or regulation applicable to the location of your Vehicle at the time of activation. For example, a person using the remote start feature may need to be within a certain distance from the Vehicle in order to operate the feature safely. It is your responsibility to ensure that you use the remote start feature lawfully. In order to drive the Vehicle, after utilising the remote start feature, the key must be present. Remote start feature may not be available in all vehicles such as those with manual transmission. This service requires you to establish and use a password/PIN each time it is accessed. We will provide assistance to anyone who can provide us your password/PIN or other satisfactory identification of your account.
E. General limitations.
Neither Genesis Connected Services nor the App are substitutes for seeking advice and services relating to your Vehicle from qualified service providers. Any information provided by or through Genesis Connected Services is subject to any specific information, recommendations or advice provided by Genesis Motors Australia with your Vehicle. Additionally, we do not warrant that your use of Genesis Connected Services will achieve any particular result or effect, whether in respect of your Vehicle or otherwise.
F. Diagnostic information/maintenance alert.
Your Vehicle may only send diagnostic trouble codes to Genesis Connected Services in respect of issues 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 any other vehicle report that you receive may be delayed. You should visit a qualified repair facility for a complete and current diagnostic status of your Vehicle. You authorise us to enable Genesis Connected Services to maintain and send diagnostic information about your Vehicle to Genesis Motors Australia’s authorised dealers and service centres. You acknowledge and agree that you (or the Vehicle owner) are responsible for maintaining the Vehicle in accordance with the schedule published in the owner’s manual for the Vehicle.
G. Default notifications:
We may set default feature notification preferences at the start of your Genesis Connected Services. The email address you provide during enrolment will be used to provide you with relevant automated feature notifications. It is up to you to modify these notification preferences whether through the website or the App.
H. Location sharing for the Roadside Assistance Service:
Subject to Section 6A, you understand that when you request roadside assistance using the App, your Vehicle’s location information will be sent to the roadside assistance provider via the Genesis Connected Services website, the App or in-vehicle and you consent to the delivery of such location information.
I. Mobile and wearable apps:
We grant you a non-exclusive, non-transferable licence to download, install and use the App to access Genesis Connected Services on your mobile or wearable device for your own personal, non-commercial use in accordance with this Agreement. Except to the extent permitted by the settings options in the App or by non-excludable laws, you may not modify or reverse engineer the App or the content displayed in the App and must keep intact all copyright, trade mark, and other proprietary notices.
The intellectual property rights in respect of the App and its contents, including any trade marks, are the property of, or licensed by, Genesis Motors Australia and are subject to copyright and other intellectual property protection. Genesis Motors Australia does not grant any rights or licences except as expressly stated in this Agreement. You must not use the App or any content you receive through Genesis Connected Services except as expressly permitted by this Agreement.
Local laws may, now or in the future, limit the use of certain features in the App or the services that may be provided through Genesis Connected Services. It is your responsibility to be aware of local regulations that would result in restrictions on your use of the App or Genesis Connected Services and to use them in accordance with applicable laws. Genesis Motors Australia and its Service Providers expressly deny any liability for any violation of local law created by your use of the App or Genesis Connected Services.

9. Your responsibilities

A. Working system/registration.
The Genesis Connected Services Device may be active before you buy or lease your Vehicle or begin using Genesis Connected Services. In that case we may provide you with Genesis Connected Services and create an account with personal information about you that we receive or its authorised dealers or service centres, unless you call us and tell us that you want to cancel your Genesis Connected Services.
B. Passwords/PINs.
You are responsible for the protection of your password/PINs. Anyone who has access to your password/PINs may be able to access Genesis Connected Services.
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 must not use your mobile device or the App while driving.
You promise to not use Genesis Connected Services for any fraudulent, unlawful, or abusive purpose, or in any way that could cause harm or loss to any person 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 are solely responsible for any use of Genesis Connected Services in your Vehicle, even if you are not the one using it, and even if you later claim the use was not authorised. You are responsible for notifying or informing other users or drivers, who use your Vehicle and Genesis Connected Services, that you may view information (as explained in Section 10) pertaining to, and their use of, the Vehicle when you access your myGenesis account. You agree to indemnify us against any expenses or losses we may suffer in connection with a claim or demand that you or any third party makes against us that results in whole or in part from your actions in breach of these Terms and Conditions.
D. Safeguarding and use of others’ information.
Certain information you receive through your Genesis Connected Services belongs to us or third parties who provide it through us. 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, roadside assistance providers). By using Genesis Connected Services, you also agree to be bound by those additional terms and conditions.

10. Privacy

A. Information collected and used by us.
In providing Genesis Connected Services to you we may collect and retain an electronic or other record of certain information about you and/or other drivers or occupants of your Vehicle including: your contact information (name, address, telephone number, email address), billing information, your Vehicle’s description (including vehicle identification number, make, model, year, date of purchase, registration number), location, speed, direction of travel, time of travel, service data, eco-related driving performance data such as speed, braking cornering and acceleration information, mechanical condition or incidents involving your Vehicle, your search content, usage information relating to the App, information about anyone making a Genesis Connected Services connected call from your Vehicle or under your account. Additional data fields may be created and/or collected as part of Genesis Connected Services in the future. You agree that we may record or monitor your Vehicle’s location or other information when (1) Genesis Connected Services is active in your Vehicle, (2) your airbag deploys or a severe impact occurs or you require roadside assistance services, (3) as permitted by applicable state and federal laws, rules and regulations, or (4) when your Vehicle’s data is aggregated for general analysis and quality improvement purposes. Your Vehicle may also be equipped with one or more sensing or diagnostic modules capable of automatically retrieving, recording, transmitting, or storing certain vehicle data, such as trouble codes, tyre pressure, battery voltage, coolant temperature, eco-related driving performance habits such as speed, braking and acceleration information, and service requirements.
We use the information we collect about you or other drivers of your Vehicle in accordance with our Privacy Policy (which can be read online at www.Genesis-motors.com.au/privacy) to, among other things, deliver Genesis Connected Services to you, manage your Genesis Connected Services account, improve occupant and vehicle safety, analysis and research purposes and to enhance your overall ownership experience. You consent to us collecting, using and disclosing your personal information as described in our Privacy Policy. If you use Genesis Connected Services or the App, we may disclose the information to our authorised dealers or service centres, roadside assistance and technology service providers in connection with the operation of the Genesis Connected Services Device. We may also disclose this information to insurance providers in order for them to provide tailored insurance policies to you. If your Vehicle is provided by your employer as part of a corporate or government fleet policy, we may also disclose certain information to your employer, including the location of your Vehicle from time to time.
We have physical, electronic and procedural safeguards in place to reasonably mitigate the loss, misuse, and alteration of the information under our control.
We share the information we collect with Service Providers for purposes of providing Genesis Connected Services. We may also share information as necessary with third parties for analysis and research purposes. All Service Providers or third parties are contractually obligated to keep your information confidential if it is identifiable to you and use such information only as we specify. We may also disclose information to individuals designated by you to be contacted in an emergency. When required, you agree we may release information, including location data, to comply with the law, in legal proceedings, in cooperation with law enforcement agencies, and to enforce the terms of this Agreement. Any data which we collect or which you provide to us which is not identifiable to you, including functionality use, statistics, performance data, quality metrics, will be owned by us.

11. No warranties.

The Genesis Connected Services Device is covered by your Vehicle’s 5 year unlimited kilometre warranty in accordance with the terms, and as published in, the owner’s manual for the Vehicle. Your Vehicle’s unlimited kilometre warranty does not cover Genesis Connected Services, which is provided to you on an “as-is” and “where-is” basis. In addition, we cannot promise uninterrupted or problem-free service, and cannot promise that the data or information provided to you will be complete, current or error-free. All data and information is provided to you through the App on an “as-is” basis. To the maximum extent permitted by law, we expressly disclaim any and all warranties of any kind, express or implied, about Genesis Connected 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, and all such warranties are expressly excluded by this Agreement. Where a warranty cannot be excluded by law, if we breach such a warranty in respect of the delivery of any service under this Agreement, we reserve the right (to the extent permitted by law) to remedy the breach by providing the service again or paying for it to be provided again.

12. Limitations of liability.

A. Maximum aggregate liability
Our maximum aggregate liability to you arising in any way whatsoever in relation to this Agreement, the App and Genesis Connected Services (whether for breach of contract, personal injury, negligence, products liability or any other way, and whether the liability is direct, indirect or consequential) is limited to the greater of (i)$500; or (ii) the total amount paid by you for the portion of Genesis Connected Services giving rise to the claim during the 12 months preceding the date your claim arose. You agree that we would not have agreed to provide Genesis Connected Services to you if you did not agree to this limitation. This amount is the sole and exclusive liability of Genesis Motors Australia to you.
B. Indirect losses
Neither you nor we can recover any indirect, consequential, incidental losses or special damages, 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.
C. Service interruptions
We have no liability for service interruptions of 30 days or less. To receive a service credit for longer interruptions, you must notify us within 60 days after the time when that service interruption started.
D. Errors
You agree that we are not liable for any errors, defects, problems, or mistakes in data or information transmitted through the Genesis Connected Services Device, and we will not be liable for any losses arising from your reliance on such data or information in any circumstances.

13. GENERAL LEGAL INFORMATION.

A. Resolving disputes.
The laws of Australia govern this Agreement and we and you both submit to the exclusive jurisdiction of the courts of New South Wales and Australia situated in New South Wales. To the extent permitted by law, you will not bring any claim against Genesis Motors Australia (or any other third party beneficiary) more than one year after the claim arises.
B. Notices.
Any written notice from us required by this Agreement will be considered given when we send it by email to any email address you’ve provided to us, or two days after we mail it to you at the most current billing address we have on file for you.
C. 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.
D. Entire agreement.
This Agreement (which includes, these Terms and Conditions and any other Genesis Motors Australia documents incorporated into it by reference) is the entire agreement between you and us relating to Genesis Connected Services and the App. It supersedes all other agreements or representations, oral or written, between us, past or present. In the event of a conflict between any provision contained in these Terms and Conditions and any provision of any other Genesis Connected Services document incorporated herein, the provision contained in these Terms and Conditions shall take precedence, and no additional or different terms shall be binding on either of us unless mutually agreed to in writing. This Agreement will not be presumptively construed for or against either party. Headings are for convenience only.