GWM App and Connect Services Agreement Summary

About Us

We are HAVAL MOTORS AUSTRALIA PTY LTD (“GWM”, "we", "our" or "us"), ABN 68 166 119 795.

Address: 745 Springvale Road, Mulgrave VIC 3170, Australia

Telephone: Hotline：

[1800335132]

International Calling Rates apply:

[+61 1800 335 132]

Customer service hours:

Monday to Friday (except national public holidays): 09:00-17:00 (AEDT)

E-mail: [email protected]

Overview of our GWM Connected Services

GWM supplies vehicles and gives its customers the option to use certain remote control and information services (“GWM Connect Services”) through its mobile phone application (“GWM App”), including information about the car's temperature, battery status, estimated battery range, mileage, tyre pressure, car location and the ability to control remotely locks, headlights, battery charging, windows and doors, temperature and air conditioning. Complete and up-to-date details are available through the relevant GWM App.

We collect and process personal information relating to the GWM Connect Services in accordance with our Privacy Policy [www.gwmanz.com/app/privacy].

Structure of this Agreement

This GWM Connect Service Agreement ("this Agreement") comprises:

(a) this summary page;

(b) the General Terms – the general terms and conditions follow on from this summary page and regulate the contractual relationship between GWM and you, including your use of the GWM Connect Services; and

If there is any inconsistency between this Agreement and the GWM App Terms of Use, the terms of this Agreement will take priority.

This Agreement was last updated on [12/02/2024].

General Terms

1.About GWM Connect Services

Thank you for choosing to use GWM Connect Services. For more information on the specific services available for your vehicle, please download the GWM App or consult a local dealer. Please note: Some services are only available for specific vehicle models.

2.Service Period

For the first owner of any new GWM vehicle, we provide GWM Connect Services for a free trial period of 24 months for that vehicle, beginning from when you first sign up through the GWM App (“Free Trial Period”). The GWM App will be available for the Free Trial Period, although you can choose to stop using the App at any time. If you dispose of your vehicle during the Free Trial Period, you will no longer by able to continue using the GWM Connect Services associated with that vehicle. If you are the second or subsequent owner of a qualifying vehicle, the Free Trial Period commenced on the date that the first owner of the vehicle commenced use of the GWM Connect Services, and therefore the full Free Trial Period will not be available to you.

This Agreement applies to the Free Trial Period only. If we decide to continuing offering the GWM Connect Services after the Free Trial Period, we will contact you prior to the end of your Free Trial Period to provide details of the fees and terms and conditions that will apply if you wish to use the GWM Connect Services after the Free Trial Period. If you would like to continue using GWM Connect Services after the Free Trial Period, based on the fees, terms and conditions notified to you, please subscribe via the GWM App. GWM reserves the right to stop providing GWM Connect Services after the Free Trial Period, prior to you entering into any further agreement with us in respect of GWM Connect.

3.Agree to the terms and conditions

To register for GWM Connect Services you must:

a. Download and install the GWM App;

b. Register your GWM account through the GWM App;

c. Set up your access to GWM Connect Services through the GWM App, including providing a method of payment (although this will not be charged during the Free Trial Period);

d. Accept this Agreement (Terms and Conditions);

e. Review the GWM App privacy statement and Privacy Policy [www.gwmanz.com/privacy].

f. Request an Authorisation Code; and

g. Enter the Authorisation Code displayed in your vehicle into the GWM App.

To register, you must be at least 18 years of age and be able to enter into a binding legal contract with us. By downloading the GWM App and accepting to this Agreement, you confirm to us that you meet these requirements.

Please read this Agreement carefully before using the GWM Connect Services. This Agreement can be viewed at any time on the GWM App.

As part of the set-process for the GWM Connect Services, your vehicle will automatically upload necessary vehicle-related data (for example vehicle status data, geo-location and Vehicle Identification Number (“VIN”)) to the GWM system, to enable the use of ‘vehicle positioning’ and ‘driving data’ services (“Vehicle Data”). You can only use GWM Connect Services once the Vehicle Data has been received by us. You understand that, if you refuse to provide or allow the collection of the Vehicle Data, we will be unable to provide some or all of the GWM Connect Services to you. You and other drivers or users of your vehicle can benefit from the GWM Connect Services by inputting the VIN into the GWM App and stepping through the on-screen pairing process on the car's screen.

4. Fees

You are not required to pay any fees to us in connection with the GWM Connect Services during the Free Trial Period. If we decide to make GWM Connect Services available after the Free Trial Period, we will communicate the subscription fees for the GWM Connect Services to you through the GWM App. If you elect to purchase the GWM Connect services from us after the end of the Free Trial Period we will update this Agreement accordingly and you will be invited to subscribe, insert your payment method and agree to the updated version of this Agreement.

5. Registration information

During the registration process and throughout your use of GWM Connect Services, you agree that all information provided to us is accurate, complete and up-to-date. Please update your information promptly as changes occur. We will not be liable for any inconvenience or loss you suffer if your registration or subscription information is not updated in a timely manner and we are unable to provide you with GWM Connect Services or an error occurs as a result of your failure to provide updated information. If you provide incorrect information to us when you complete the registration, we may, acting reasonably, suspend or terminate your account for the GWM Connect Services by giving notice to you.

6. SIM card

The head unit system in your vehicle is equipped with a SIM card, which will be activated automatically. If you choose to disable GWM Connect Services at any time, the SIM card will be suspended. The SIM card may also be suspended if the volume of data used is deemed by us, acting reasonably, to be excessive. You must not use this SIM card other than for for the purpose of the GWM Connect Services.

7.Data protection

GWM takes protection of your personal information seriously and complies with applicable data protection law, including the Australian Privacy Act 1988 (Cth) and the New Zealand Privacy Act 2020. Details of how we collect, use, disclose and manage your personal information, including and not limited to your contact information, account information, vehicle information or driving information accordingly can be found at the GWM App Privacy Policy here [www.gwmanz.com/app/privacy] and when you sign up to the GWM Connect App. By accepting this Agreement, you acknowledge that you have read this Agreement and the GWM App Privacy Policy regarding the collection of your personal information. You are responsible for the back-up of all your data, software and programs relating to GWM Connect Services, and, as noted in section 8 below, for erasing all personal and customized data before any change in ownership of the vehicle. We will not be liable for loss or damage of your data, software and programs as a result of your failure to back-up such data, software and programs.

8.Other users

This Agreement is applicable to all users of the GWM Connect Services in relation to your vehicle, including but not limited to the persons who use your vehicle.

1) You are responsible for all all activities that occur using your GWM Connect Services, including the behaviour of other users who you permit to use your vehicle.

2) It is your responsibility to explain the content of this Agreement and related public information on the website to passengers, drivers and any other people who actually use the vehicle or the GWM Connect Services, and encourage them to comply with this Agreement.

3) Subject to your rights at law, (including under any consumer protection laws applicable in Australia and New Zealand, including the Australian Consumer Law and the Consumer Guarantees Act 1993 (“Consumer Protection Laws”)), GWM will not be liable to you for any loss, damage, liability or claim caused by any activities or use of the GWM Connect Services by any individual whom you permit to use the GWM Connect Services in your vehicle (except to the extent that the loss, damage, liability or claim is caused or contributed to by one of our acts or omissions).

9.Change of ownership with connected services

In the event of a change of ownership of your vehicle, there are some steps that need to be taken to unlink you as the owner and give the new owner the option to link the GWM App to the car.

Selling the car

In the event that you sell your car, you must take the following steps whilst you still have possession of the car:

1. Deactivate the connection between the car and the GWM App; and

2. Do a factory reset in the centre display.

The GWM ID is personal to you and does not need to be changed or deleted if you sell your car. However, you need to terminate the link between the GWM App and the car, as well as delete all personal user data from the car.

Deactivate the connection between the car and the GWM App

To deactivate the link between the car and the GWM App, you need to be logged into the GWM App. If you do not have access to the GWM App, contact your GWM dealer and explain that you want to sell your car.

You can terminate your ownership under Connected Cars in the My Vehicle tab in the GWM App, or by contacting us at [email protected]. Select the car in question and terminate the ownership by following the instructions in the GWM App.

User history and other user accounts will be deleted from the GWM App once you have terminated the ownership.

Do a factory reset

You can click "Factory Reset" button in the centre display to delete all personal data.

Service restriction and service suspension/termination

You acknowledge that the GWM Connect Services may not be available for any period of time during which one of the following events occurs:

a) GWM or other third party suppliers that provide GWM Connect Services are required to undertake emergency maintenance;

b) an event outside of our reasonable control, and which we cannot prevent or mitigate, occurs;

c) GWM Connect Services are affected or restricted by the instability of the mobile network operator's network and signal, resulting in the inability to receive or use the GWM Connect Services; or

d) If GWM otherwise reasonably decides to temporarily suspend the availability of GWM Connect for technical reasons or to protect its users or the security of the network, data or communications.

GWM, acting reasonably and on notice to you, may suspend or termimate your access to the GWM Connect Services if a change in relevant laws or regulations occurs which means that GWM can no longer lawfully provide the GWM Connect Services to you in accordance with this Agreement.

Additionally, GWM can terminate your access and subscription to the GWM Connect Services in the following situations immediately, and will notify you of the termination as soon as reasonably practicable:

a) a repair service provider engaged by you and not authorised by the vehicle manufacturer repairs or dismantles the hardware or software of the vehicle used in the provision of GWM Connect;

b) you or another user of GWM Connect who you have permitted to use your vehicle, uses GWM Connect for commercial or profit-making purposes or illegal or unlawful acts; or

c) you commit a breach of a material term of this Agreement and/or of the GWM App terms of use which cannot be remedied.

10. Permission requirements

You must keep your logon details confidential and update them if they are compromised. You are responsible for the acts and omissions of any user accessing the GWM Connect Services with whom you have shared your credentials.

11.Restrictions and prohibitions on service use

a) You agree to use GWM Connect in a lawful, safe, prudent and reasonable way, and comply with applicable laws and regulations.

b)Without limitation, you agree to abide by traffic and road laws and regulations when using GWM Connect .

c) You will be legally responsible for any use by you or by others using GWM Connect in connection with your vehicle in ways which contravene applicable laws, are in breach of this Agreement and/or the GWM App Terms of Use and/or which cause loss or damage to a third party.

d) You agree not to use GWM Connect services for profit-making purposes, illegal activities or activities that harrass, distract or annoy any other persons.

12. Software update

If the software in your vehicle need to be modified or updated from time to time, GWM or your vehicle manufacturer can automatically modify or update your vehicle system (including a remote upgrade) by sending you a notification or getting your consent. Software update or modification may affect or even delete personal information or data stored in your vehicle system. By accepting this Agreement, you agree that we can make updates or modifications where necessary for the operation of the GWM Connect Services.

13.Service transfer

If the previous owner of the vehicle has not disconnected their account from the GWM App, please contact us via the contact details listed in this Agreement to create your personal account and replace the registered account from the previous owner. If you failed to contact us whilst you owned the vehicle and have a current GWM Connect account, we are not able to update the information or the vehicle owner automatically, and we will continue using the information filed by the previous owner and send other vehicle service information according to the e-mail address or mailing address registered by the previous owner.

14. Obligation to notify GWM of vehicle sale or transfer

If you sell, transfer or lease any vehicle under your GWM account, please make sure to inform us as soon as reasonably practicable using the contact details set out in this Agreement. This will help us protect your account and your personal data.

15. Intellectual property

We and our licensors respectively reserve all rights, ownership and all intellectual property rights related to the GWM Connect Services, including all related technology and materials (including but not limited to any software). You do not acquire any ownership of the intellectual property rights. In addition, and subject to your rights under applicable laws, (a) You may not directly or indirectly decompile, disassemble, reverse engineer, modify, or change GWM Connect Services and software, nor may you try to obtain the source code of the software or modify or create derivative works other than to the limited extent expressly permitted by applicable law; (2) you may not separate or divide the software in the GWM Connect Services to embed any material, document, module or other components; (3) you may not delete or copy any readme notices, disclaimers, logos or labels contained in the software in the GWM Connect Services. If the software in the GWM Connect Services incorporates certain technical methods to protect the copyright in the software and prevent unauthorized copy and use, you will not circumvent or destroy or attempt to circumvent or destroy the technical methods

Provided that you comply with all of this Agreement, we grant you a non-exclusive, revocable, limited licence to use any software and other materkals provide as part of the GWM Connect Services.

16. Liability

Nothing in this Agreement excludes, restricts or modifies any guarantee, warranty, term or condition, right or remedy implied or imposed by any applicable law which cannot lawfully be excluded, restricted or modified, including under the Consumer Protection Laws.

If any warranty, guarantee, condition or term is implied or imposed by any applicable law and cannot be excluded, including under the Consumer Protection Laws (a “Non-excludable Provision”), and we are able to limit our remedy for a breach of the Non-excludable Provision, then our liability for breach of the Non-excludable Provision is limited exclusively (so far as applicable laws do not prohibit) to, at our option: (a) in the case of services, the supplying of the services again, or the payment of the cost of having the services supplied again; and (b) in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or acquiring equivalent goods, or the payment of the cost of having the goods repaired.

Other than where this Agreement constitutes a consumer contract or a small business contract, as those terms are defined in section 23 of the Australian Consumer Law, or where the limitation is not permitted by law (including any Consumer Protection Laws), and subject to the paragraph below, we will not be liable to you (whether for breach of contract, tort (including negligence), breach of statutory duty, misrepresentation or for any other reason) for any amount greater than 500 AUD.

Other than where this Agreement constitutes a consumer contract or a small business contract, as those terms or similar terms are defined in section 23 of the Australian Consumer Law or New Zealand's Fair Trading Act 1986, or where the limitation is not permitted by law (including any Consumer Protection Laws), we will not be liable to you under or in connection with the GWM Connect Services or these Terms of Use (whether for breach of contract, tort (including negligence), breach of statutory duty, misrepresentation or for any other reason) for: (a) indirect, special, incidental or consequential damages; (b) loss of profits; (c) lost revenue or losses resulting from business disruption; (d) loss of damage to business or goodwill; or (e) loss of customers or contracts, in each case even if we have been advised of the possibility of such damages.

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this Agreement that is caused by events outside our reasonable control, provided that we will take all reasonable steps to mitigate the impact of such events and resume our performance of the affected services as soon as possible. This includes events such as weather, mountains, tall buildings, tunnels, government actions, the design and construction of the customer's vehicle electrical system, damage to a customer's vehicle, municipal power outages, damage to public facilities, operator policy changes, driving accidents, network congestion or hacker attacks, which may affect the efficiency and quality of the GWM Connect Services.

Except as provided for by law, including under the Consumer Protection Laws, or this Agreement, we do not guarantee that the operation or availability the GWM Connect Services will be uninterrupted or error-free.

17. Acknowledgements

a) You agree to make independent judgments on, and where feasible take reasonable steps to verify, the information, data or guidance provided via the GWM Connect Services. You should always check tyre pressure by a physical test of the tyres from time to time, for example, and other safety checks are best done in person. GWM takes reasonable steps in the design and delivery of the GWM Connect Services, but except as provided for by law, including under the Consumer Protection Laws, or this Agreement, does not guarantee the accuracy, completeness, or validity of the service content and information (including information on external links of web pages) available via the GWM Connect Services. There may be inconsistencies between the data displayed through the GWM App in the GWM Connect Services and through the display cluster in the car. The display cluster in the car should be given priority. Please note that data communicated through GWM Connect Services can quickly become out of date and should be refreshed.

b) By using the GWM Connect Services you acknowledge and agree that internet transmissions cannot be guaranteed to be private or secure and that information transmitted in connection with the GWM Connect Services may be read or intercepted by others, even if a particular transmission is encrypted.

c) If you receive GWM Connect Services as a gift, in order to provide services to you, the GWM Connect device embedded in your vehicle may have been activated when the vehicle was purchased or rented. At this time, unless you call our customer service to request to update or cancel GWM Connect Services, we will provide the services to you during the relevant subscription period.

d) We reserve the right to change and amend this Agreement from time to time to the extent the change or amendment is reasonably necessary to protect our legitimate interests, such as to reflect a change in law or a change in the functionality of the GWM Connect Services. Such changes will be notified to you in advance, however you should look at this Agreement regularly to check for such changes. You will need to agree to the changes to continue using the GWM Connect Services and if you do not agree to the new agreement, you must stop accessing or using the GWM Connect Services.

18. General

If either party fails enforce any of its rights under this Agreement, that does not result in a waiver of that right. A waiver must be in writing.

If any provision of this Agreement is found to be unenforceable, all other provisions shall remain unaffected. This Agreement may not be varied except with our express written consent. This Agreement and any document expressly referred to in it represent the entire agreement between you and us in relation to GWM Connect Services. We are required by law to advise you that contracts may be concluded in the English language only and that no public filing requirements apply.

We may transfer our rights and obligations under this Agreement to another organisation. If you consider, acting reasonably, that such an assignment is to your material detriment, it may terminate you may terminate this Agreement immediately on notice to us and cease using the GWM Connect Services.

18. Governing Law and Jurisdiction

These terms shall be governed by the laws of Victoria, Australia. Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of Victoria and the Commonwealth of Australia.