Holden Assist - Important Information
Holden Assist customer subscription service agreement
General Terms and Conditions
This is an Agreement between the Customer ("You") and GM Holden Ltd ACN 006 893 232 ("Holden") for the provision of Holden Assist Services for a period of whichever is the shorter of 3 years from the first date of registration or, for the period where You are the owner of a Holden Assist in-Vehicle unit ("Holden Assist Hardware") equipped Vehicle ("Vehicle"). Holden Assist Services and options are described in the Holden Assist Handbook Supplement and are available upon request from Your Holden Dealer or Holden on 1800 033 349. Any update or improvement to the Holden Assist Services and any additional services selected by You are subject to these terms and conditions.
1. Availability
Services are available to You for Your Vehicle:
- only within Australia;
- if the in-Vehicle unit is factory-installed; and
- when the Vehicle is within the operating range of a GSM (Global Systems for Mobile) carrier that is part of the Holden Assist network. Holden Assist Services rely on satellite technology and GSM and are subject to limitations imposed by that technology, as well as atmospherical and topographical conditions. Services are also limited by the electrical system design and architecture of Vehicles and current Holden Assist Hardware technology. The Holden Assist Hardware may not function if the Vehicle's battery is discharged or disconnected or the antenna disabled or damaged. The Holden Assist Hardware may be inoperative if the Vehicle is in an accident where the Holden Assist Hardware or Vehicle electrical system components are damaged. Services may be affected by the limitations of the communication systems on which the services rely including electromagnetic interference, adverse weather conditions, systems overloading, excessive use of the systems and network of the telecommunications carrier, terms or conditions imposed by the telecommunications carrier, equipment failure and Your location (particularly if underground or indoors). Global positioning capabilities used to deliver the services will not be available if satellite signals are obstructed. Holden Assist will use reasonable efforts to contact the appropriate emergency services provider and request assistance but cannot promise that they will respond to the call in a timely manner or at all.
2. Holden Assist Hardware
Holden supplies the Holden Assist Services through Holden Assist Hardware installed in Your Vehicle. You are responsible for the proper care and maintenance of Your Holden Assist Hardware. If the Holden Assist Hardware is not maintained and operated in accordance with the Holden Assist Handbook Supplement, Holden does not warrant to provide the Holden Assist Services. Holden will activate Your Holden Assist Hardware prior to You taking delivery of Your Vehicle in order to enable You to register to receive Holden Assist Services. You agree not to use the Services for any unlawful or abusive purpose or in such a way as to create or risk damage to Holden's business, its reputation, employees, third parties or to the public generally and in such cases You agree that Holden in its sole discretion may terminate the Holden Assist Services.
3. Transferability of Service
You may not transfer Your rights or obligations under this Agreement without first obtaining Holden's written consent. Holden Assist's Hardware may not be transferred between or among Vehicles. Upon sale of Your Vehicle You may transfer any remaining term of this Agreement to a subsequent purchaser of Your Vehicle provided notice is given to Holden and the subsequent purchaser completes and executes a copy of this Agreement and agrees to abide by its terms. Services may not otherwise be sold or transferred by You. If a subsequent purchaser does not wish to receive Holden Assist Services You must take Your Vehicle to a Holden Vehicle for the Holden Assist Hardware to be disabled. If the Holden Assist Hardware is not disabled You will remain liable for the Services provided to the Vehicle. Transferability of the services may also be subject to the terms and conditions of the telecommunications carrier.
4. Password
To access Holden Assist Services You must quote Your password. Your password will be agreed between You and Holden when You register to receive the Holden Assist Services. You are responsible for keeping Your password in a secure place and You must not disclose it to any other person who is not an authorised driver of the Vehicle.
5. Contact Details
You agree to provide Holden with Your contact details[1], including contact telephone numbers and contact details for the Holden Assist Hardware for the purposes of provision of the Holden Assist Services. Holden may engage other service providers to provide some or all of the Holden Assist Services on its behalf. You agree that Holden may provide Your contact details to such other service providers for the purposes of the provision of the Holden Assist Services.If the Vehicle is a fleet vehicle, You[2] may provide Holden with contact details for a Nominated Driver for the Vehicle. In such cases You will be responsible for ensuring that the Nominated Driver has read and understood these terms and conditions and has read and understood Holden Assist's Privacy Policy. Holden may require You to confirm this in writing. A Nominated Driver will be entitled to receive the Holden Assist Services and any Additional Services that You elect to receive. You will remain liable for the Services provided to the Vehicle.
6. Holden Assist Services
Holden will provide the following Holden Assist Services:
- vehicle location - in event of unauthorised entry;
- remote engine immobilisation when directed by police;
- assistance, where possible, in the event of accident;
- roadside assistance requested by You;
- remote door unlocking service;
- low battery charge monitoring service; and
- police assistance service.
More information about these services can be obtained in the informational brochure on Holden Assist Services available from Your Holden Dealer or listed in Your Vehicle handbook.
Additional Services may be available to You in the future and Holden will advise You of these Additional Services as and when they become available. Additional Services may be subject to fees and charges.
7. Damage to Your Vehicle
Holden endeavours to provide Holden Assist Services in the event of an accident. However, You acknowledge that any accident or damage to Your Vehicle may affect the operation of the Holden Assist Hardware and Holden's ability to provide such Services are subject to the operability of Your Holden Assist Hardware.
In the event of an accident or damage to Your Vehicle Your Holden Assist Hardware may be inoperable. You must notify us of any accident or damage to Your Vehicle as soon as possible after it has occurred. We will test the Holden Assist Hardware within forty-eight (48) hours of being notified of an accident or damage and advise You whether we can continue to provide the Holden Assist Services. It is Your responsibility to provide for the repair or replacement of the Holden Assist Hardware in the event that it is damaged. Holden is not liable to You for any loss or damage suffered from the time the Holden Assist Hardware is damaged or ceases to be in working order until we advise You that we can again provide the Holden Assist Services.
8. Holden Assist Sleep Mode
Some of these Services may not be available where the Holden Assist Hardware's sleep mode has been activated. To conserve the car battery's power, the Holden Assist system will gradually put itself to sleep after two to three days non-use of the Vehicle. It will instantly wake up if an unauthorised entry to the Vehicle is attempted. It should gradually wake up once the Vehicle is started.
9. Voice Recording
You agree that Holden and, where applicable the National Emergency Response Centre (NERC)[3], may record communications between You and Holden Assist or NERC staff whether by the voice capability of the Holden Assist Hardware or by telephone. You agree to inform in advance any other person who uses Your Vehicle or is likely to use the Holden Assist Services of the method of communications and that communications will be recorded.
10. Proper Use
You agree to be responsible for the proper use of the Holden Assist Hardware and the Holden Assist Services and You are responsible for supervising the proper use of the Holden Assist Hardware and the Holden Assist Services. You are exclusively responsible for all activities that occur whether or not it occurs with Your knowledge.
11. Termination and Suspension of Services
Holden will provide the Holden Assist Services for so long as You observe the terms of this Agreement. If You breach this Agreement, or if You elect to receive Additional Services and You fail to pay any fees dues for the Holden Assist Additional Services, we will be under no obligation to continue to provide Holden Assist Services to You. Holden may at its sole discretion without notice and without liability at any time suspend the Holden Assist Services if a technical failure affects the provision of the Services or if any modification or maintenance is being carried out to the Holden Assist network or if changes to the Holden Assist Services are required by any governmental or regulatory authority or in an emergency. Holden will not be liable to You or any other third party for any damage, loss, cost or expense arising out of or in connection with the operation, suspension or termination of the Holden Assist Services.
12. Limitation of Liability and Indemnity
Holden is not liable to You or any other person for any loss, damage, expense (including indirect or consequential loss), injury or death suffered or incurred by You, however arising from the operation of this Agreement or the performance of any Services under it, subject to any liability which cannot be excluded by Law. You agree that You will indemnify Holden against all or any claims, costs, awards, damages or expenses howsoever arising from the operation of this Agreement or the performance of any Services under it to you or any other person.
13. Severability
Should any part or portion of this Agreement be found invalid, the balance of the Agreement shall remain unaffected and shall be enforceable.
14. Notices
Notices to You shall be deemed given if deposited with Australia Post addressed to Your last known address as provided by You in Your contact details in this Agreement. Notice to Holden shall be deemed given when received by Holden at the address shown on this Agreement.
15. Governing Law
This Agreement including all matters relating to the validity, construction, performance and enforcement thereof shall be governed by the laws of the State of Victoria and the Commonwealth of Australia.
[1] If the Vehicle is a fleet vehicle, the contact details of the Fleet Manager must be provided.
[2] "You" in this context is the Fleet Manager.
[3] NERC is a Trade Mark of Intelematics Australia Pty Ltd and is used with their permission.