Holden Assist

Holden Assist Subscription service agreement

General Terms and Conditions

This is an Agreement between You and Holden Ltd ACN 006 893 232 ("Holden") for the provision of Holden Assist Services for 3 years from the first date of registration of Your Holden Assist equipped Vehicle (unless this Agreement is renewed or terminated early in accordance with its terms). Holden Assist Services, Packages and options are described in the Holden Assist brochure 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 and System Limitations

Holden Assist Services are generally available to You for Your Vehicle:

• only within Australia;
• if the in-Vehicle unit is factory-installed or installed by an authorised Holden Dealer; 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 / or GPRS and are subject to limitations imposed by that technology, as well as atmospherical and topographical conditions. The availability of services and functionality of the Holden Assist Hardware may be limited by:
• the electrical system design and architecture of Vehicles and current Holden Assist Hardware technology.
• the Vehicle's battery becoming discharged or disconnected or the antenna disabled or damaged.
• the Vehicle becoming involved in an accident where the Holden Assist Hardware or Vehicle electrical system components are damaged.
• 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
• Your location (particularly if underground or indoors).
• global positioning capabilities used to deliver the services not being available due to, for example, the obstruction of satellite signals or changes to the GSM network by the relevant telecommunications provider. Holden will use reasonable efforts to contact the appropriate telecommunications 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 may be unable to provide the Holden Assist Services. Holden will activate Your Holden Assist Hardware upon its installation. You must then register Your Vehicle in order to enable You to receive Holden Assist Services. This hardware may contain a Subscriber Identity Module (SIM card). The SIM card remains the property of Holden or the telecommunication supplier of the SIM Card and it may not be used for any other purposes than those set out in this Agreement. You obtain no right to any associated telephone number. You agree not to use the Holden Assist 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 must advise Holden if You sell the Vehicle during the term of this Agreement. Your details will then be removed from the vehicle record, and monitoring will be suspended on the Vehicle. The subsequent purchaser will then be free to activate the Holden Assist Services for the remaining period of this Agreement by completing and executing a copy of this Agreement and returning it to Holden. If a subsequent purchaser does not wish to receive Holden Assist Services, they can take the Vehicle to a Holden Dealer for the Holden Assist Hardware to be disabled. If You do not advise Holden of the sale of Your Vehicle, You will remain liable for compliance (or non-compliance) with this Agreement by subsequent owners and users of the Vehicle. The Holden Assist Services may not otherwise be sold by You. You will remain liable for payment for the Holden Assist Services for the term of the Agreement in all circumstances. In some circumstances, You may be able to transfer Holden Assist from one vehicle to another, or upgrade to a different Holden Assist Package. This is dependent on the compatibility of the vehicle receiving the hardware, or in the event of a Package upgrade, the Hardware available in the current vehicle. Holden Assist Services may not be able to be transferred or upgraded if the electrical system and componentry is not compatible with the original or intended Service Package. Any Holden Assist Service transfers or upgrades must be performed by an authorised Holden Dealer. Any costs associated with a transfer will be payable by the owner of the vehicle. Holden must be notified prior to any Service changes on 1300 880 088.

4 Password

To access Holden Assist Services You may be required to 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, 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.

6 Holden Assist Services

Not all packages and services are available across the range of makes and models. For more information on the services available with Your Vehicle contact Holden Assist on 1300 880 088. Holden will provide the following Holden Assist Services for the package You are subscribed to and eligible to receive: Holden Assist (pre VE/WM models)

• vehicle location provided to the Police / Security Services - in the event of unauthorised entry;
• remote engine immobilisation when directed by police;
• crash detection and reporting assistance;
• roadside assistance requested by You;
• remote door unlocking service;
• low battery charge monitoring service;
• emergency assistance service, in conjunction with the Police;
• and vehicle location - when requested via an in vehicle button press. 6 Holden Assist Services (continued) Holden Assist Ultra
• vehicle location provided to the Police / Security Services
• in the event of unauthorised entry;
• remote engine immobilisation when directed by police;
• crash detection and reporting assistance;
• roadside assistance requested by You;
• remote door unlocking service;
• low battery charge monitoring service;
• scheduled service alert monitoring;
• emergency assistance service, in conjunction with the Police;
• vehicle location
• when requested via an in vehicle button press the operator will provide the location
• text-to-screen short messaging service, and
• vehicle locator
• when requested via mobile phone call the nominated Holden Assist call centre the operator will issue a command to flash the lights and/or sound the horn of the vehicle More information about these services can be obtained in the informational brochure on Holden Assist Services. This is available from Your Holden Dealer or by calling Holden Assist on 1300 880 088. 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. We reserve the right to change the mix of services. This may result in services being removed in future.

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. All services You are eligible to receive 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 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 as a result of the Holden Assist Hardware being damaged or ceasing to be in working order.

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 three to fours days non-use of the Vehicle. It will instantly wake up if an unauthorised entry to the Vehicle is attempted. It will gradually wake up once the Vehicle is started.

9 Voice Recording

You agree that all calls between You and Holden Assist will be recorded 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 that You are 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, misuse Holden Assist or You fail to pay any fees due for the Holden Assist Services, Holden may suspend or terminate this Agreement and 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, availability, suspension or termination of the Holden Assist Services. We reserve the right to terminate service in the event of misuse of Holden Assist.

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. You warrant that You are 18 years or older and that You have read and understood this Agreement and the Holden Assist Privacy Policy ("the Privacy Policy"). If You are signing this Agreement on behalf of a corporation or other entity, You warrant that You are fully authorised to sign on behalf of such entity. This represents the final and entire Agreement between You and Holden. I, (Name) of (Address and Company Name if relevant) agree with and accept the Terms and Conditions of this Agreement set out above and the Privacy Policy for vehicle: Make VIN (vehicle identification number, located in Your owner's handbook) Registration Signed (print name) Dated Failure to provide the completed Subscription Service Agreement to Holden within 60 days will result in the suspension of Holden Assist services. Please retain the Holden Assist Privacy policy and Subscription Service Agreement, for Your own records and future reference.