General Terms and Conditions of Use for AUDI AG's Audi connect e-tron services (Audi A3 Sportback e-tron) (Date of last revision: March 2014)

Transcription

1 General Terms and Conditions of Use for AUDI AG's Audi connect e-tron services (Audi A3 Sportback e-tron) (Date of last revision: March 2014) I. Scope of validity 1. AUDI AG manufactures electric vehicles equipped with a factory-installed mobile radio unit (on-board connectivity unit) as standard equipment ("data-services-enabled vehicles"). Data-services-enabled vehicles equipped with an on-board connectivity unit can communicate with the AUDI AG data service via mobile radio. On the data server, AUDI AG provides information and control services for the data-servicesenabled vehicle in certain countries (cf. clause II. 4. and 5.) ("Audi connect e-tron services"). These conditions only apply to the Audi connect e-tron services for the Audi A3Sportback e-tron. The mobile radio unit (on-board connectivity unit), on the other hand, is only subject to the terms and conditions for ordering vehicles (purchase, leasing or rental agreement). 2. To activate and use the Audi connect e-tron services, the vehicle owner or authorised user of the data-services-enabled vehicle ("customer") has to register and set up a user account via the Audi AG Internet portal. Upon receipt of the confirmation of registration from AUDI AG by the customer, an agreement is constituted between the customer and AUDI AG under these terms and conditions of use ("Audi connect e-tron contract"; cf. clause IV.). II. Description of the Audi connect e-tron services and definition of the area of use 1. The Audi connect e-tron contract includes the Audi connect e-tron services which are described in greater detail on the Audi AG Internet portal, such as a) display of vehicle status b) display of driving data c) remote control of load planning d) remote control of air conditioning Audi connect e-tron services can be accessed via the A3 Sportback e-tron-specific Audi AG Internet portal ( ) using a (mobile or stationary) computer or an Internet-enabled mobile device (smartphone, tablet, etc.). 2. Audi connect e-tron services can also be accessed via a mobile app (application software for mobile devices) using an Internet-enabled mobile device (smartphone, tablet, etc.) running on an ios (iphone, ipad) or Android operating system. The use of the mobile device (smartphone, tablet, etc.) is only subject to the terms and conditions agreed upon with the service provider (mobile network operator, Internet service provider); this applies in particular to any connection charges that may be incurred. To access the Audi connect e-tron services via the mobile app using a mobile device, the following steps must be completed, as well: a) Each mobile device must be registered separately in the customer's user account with an authorisation code sent to the customer by . b) The mobile app (application software) "Audi A3 e-tron connect app" must be installed on the mobile device. The Audi A3 e-tron connect app can be downloaded for free at the itunes App Store for mobile devices with a current version of the ios operating system, and at the Google Play Store for mobile devices with a current

2 version of the Android operating system. Information on the supported version of the afore mentioned operating systems can be found on the Audi AG Internet portal. The use of the Audi A3 e-tron connect app is only subject to the terms and conditions agreed upon when downloading or updating the app (End User License Agreement). 3. AUDI AG provides the Audi connect e-tron services in the following countries ("area of use"): Belgium, Denmark, France, Germany, Great Britain, Italy, the Netherlands, Norway, Austria, Portugal, Sweden, Switzerland, Spain. The service provision is subject to the data-services-enabled vehicle being located within the area of use at the time of using the Audi connect e-tron services. 4. If the data-services-enabled vehicle is located in the following additional countries, Audi connect e-tron services may be functional without the customer being entitled to receiving the Audi connect e-tron services from AUDI AG: Bulgaria, Estonia, Finland, Greece, Ireland, Croatia, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Monaco, Poland, Romania, San Marino, Slovakia, Slovenia, Czech Republic, Hungary. The functioning of the Audi connect e-tron services in those countries depends on technical factors outside of AUDI AG's control. 5. AUDI AG may adapt the Audi connect e-tron services from time to time in a manner that is reasonably acceptable for the customer. The fast development of Internet-based services may make such adaptations necessary from a technical and a content perspective. The customer will be notified accordingly by if necessary. 6. As an Internet-based service, the provision of the Audi connect e-tron services requires maintenance work on the corresponding infrastructure. AUDI AG reserves the right to switch the services off from time to time in a reasonable manner for maintenance and quality assurance. During these times, it will not be possible for any data (e.g. trip data or vehicle status) to be displayed in the A3 e-tron portal. III. Prerequisites on the side of the customer, customer's duty to cooperate 1. In order to be able to use the Audi connect e-tron services, the following prerequisites, which are not part of the services to be provided by AUDI AG under these terms and conditions, must be met: a) In order to register (clause IV. 1.) and manage his/her user account, the customer must have a device with functioning Internet access with which he/she can access the Audi AG Internet portal ( ). b) As some of the communication of AUDI AG with the customer is conducted by e- mail (cf., in particular, clauses II. 5., IV. 1., V. 2. and V. 3.), the customer must, throughout the entire term of the Audi connect e-tron contract, possess a valid address and have access to the accounts associated therewith. The address must be provided during registration. If the customer's address changes, the data must be updated promptly in the customer's user account via the Audi AG Internet portal ( ). c) For the use of the Audi connect e-tron services via the Internet, a device with a functioning Internet access allowing for the Audi AG Internet portal ( ) to be accessed must be used. Moreover, the mobile radio unit of the data-services-enabled vehicle (on-board connectivity unit) must have sufficient cellular reception. d) Using the Audi connect e-tron services via the Audi A3 e-tron connect app requires the following: - the mobile device (smartphone, tablet, etc.) must be connected to the Internet (e.g. via mobile radio or Wi-Fi),

3 - the mobile device being used must have an ios (iphone, ipad) or Android operating system, - the Audi A3 e-tron connect app must be installed on the mobile device being used, - the mobile device being used must be registered in the customer's user account by entering an authorisation code sent to the customer by in the Audi A3 e-tron connect app, and - both the mobile device being used (if accessing the Internet via mobile radio) as well as the mobile radio unit of the data-services-enabled vehicle (on board connectivity unit) must have sufficient cellular reception. 2. When registering, the customer must choose a password that cannot be easily guessed by a third party. First and last names, or birth dates, as well as names of relatives are not suitable as passwords. The same goes for trivial number combinations (e.g ). The customer must keep the password strictly confidential. 3. If registering mobile devices used by third parties, the customer does so in his/her own name and bearing full responsibility. The customer must ensure that he/she enables only trustworthy third parties to access the Audi connect e-tron services. IV. Finalization of contract, user registration 1. To activate the Audi connect e-tron services, the customer must be registered at the Audi AG Internet portal ("user registration"). AUDI AG confirms the customer's user registration by to the address provided by the customer during registration ("confirmation of registration"); upon receipt of the confirmation of registration in the customer's account, the Audi connect e-tron contract is concluded between the customer and AUDI AG. To activate the customer's user account, the customer must confirm his/her registration by clicking on the link in the confirmation of registration ("customer's confirmation"). The customer's confirmation is successful if upon clicking the link, a website ( opens in the Internet browser. 2. The Audi connect e-tron services are only available to the customer if the customer completes his/her user registration within 90 days after having received the dataservices-enabled vehicle. A later registration and subsequent use of the Audi connect e-tron services after that period is no longer possible. 3. If the customer is a consumer, he/she can revoke the contract subject to the separate instructions on revocation. V. Contract duration, termination 1. The Audi connect e-tron contract commences with the receipt of the confirmation of registration (clause IV. 1.) in the customer's account and has an initial term of two years ("initial contract term"). The initial contract term applies only once for each data-services-enabled vehicle, i.e. it does not apply again if there is a change of owner/authorised user of the data-services-enabled vehicle, etc. pursuant to clause VII. 2. The Audi connect e-tron services are provided on the A3 e-tron platform for two years following your registration. Thereafter, the services are automatically extended for one additional period of one year at no charge if the customer has not terminated the services by then, and if AUDI AG still offers the Audi connect e-tron services on the last day of the 2 years-old contract duration. At the end of the contract term, the

4 Audi connect e-tron contract ends automatically without any further notice by the AUDI AG or the customer. In due time prior to the end of the contract term (no less than 45 days), the customer shall receive an at the address provided by him/her upon entering the Audi connect e-tron contract, in which he/she will be notified of the fact that the Audi connect e-tron contact will be expiring. At the same time, AUDI AG will point out that with the expiration of the contract, the customer no longer has access to Audi connect e-tron services, or inform the customer about the option, if available, to extend the contract against a possible fee. 3. The customer can terminate the Audi connect e-tron contract at any time by deleting his/her user account on the Audi A3 e-tron platform ( VI. Prices 1. The Audi connect e-tron services are provided for a period of two years from the date of registration and extended by one period of one year at no charge in accordance with the provisions of clause V.2. (cf. V. 2). 3. However, it is pointed out explicitly that additional costs may arise from the use of Internet-enabled mobile devices (smartphones, tablets, etc.); this applies, in particular, to connection fees and roaming charges (in cases in which services are used abroad). These fees may arise if the services are used directly via the Internet, but also if they are used via the Audi A3 e-tron connect app. In both cases, a connection is established between the mobile device and the AUDI AG data server. Whether and which costs arise depends on the terms and conditions agreed with the service provider (mobile network operator, Internet service provider). These costs are outside of AUDI AG's sphere of influence and responsibility. VII. Change of owner/authorised user of the data-services-enabled vehicle 1. Should the owner or authorised user of the data-services-enabled vehicle change ("new customer") for instance, due to a data-services-enabled vehicle being sold or a data-services-enabled company vehicle being transferred to a different employee the new customer can register as a customer in accordance with clause IV. 1. of these terms and conditions, and ask for the data-services-enabled vehicle to be associated with his/her user account. For this type of registration, clause IV. 2. does not apply. 2. In deviation from clause IV. 1., any residual term of the Audi connect e-tron contract of the previous customer still existing when the new customer receives the confirmation of registration will be credited to the new customer. 3. In deviation from clause IV. 1, the provisions on the 1-year extension of the contract in clause V. 2. shall apply accordingly to the extension period (extending beyond any residual term of the initial contract term). 4. If the new customer asks for the data-services-enabled vehicle to be associated with his/her user account via the AUDI AG Internet portal, the previous customer will be asked by AUDI AG via to agree to the switch and to the termination of his/her Audi connect e-tron contract by deleting his/her user account; by deleting the user account, the Audi connect e-tron contract between the previous customer and AUDI AG ends. In the request, the previous customer is expressly informed once again about the declaratory effect of the deletion of the user accounts (termination of the Audi connect e-tron contract). The previous customer is obligated to delete his/her user account promptly upon receiving the request. This does

5 not apply if a change of owner/authorised user of the data-services-enabled vehicle did not actually take place. 5. It is pointed out that the deletion of the user accounts by the previous customer is outside of AUDI AG's area of responsibility. If the previous customer fails to delete his/her user account, the new customer must ask the previous customer to do so if necessary, before the courts. It is furthermore pointed out that any delay in cooperation on the part of the previous customer may cause a delay in AUDI AG sending the confirmation of registration to the new customer and activating the user account. VIII. Availability, warranty 1. The availability of the Audi connect e-tron services may depend on factors that are outside of AUDI AG's control. These include, in particular: - Sufficient cellular reception at the location of the data-services-enabled vehicle or the mobile device (in the case of Internet access via mobile radio) with which Audi connect e-tron services are to be used; - Malfunction, impairment or interruption of the cellular reception of the mobile radio unit installed in the data-services-enabled vehicle or of the mobile device due to tunnels, garages, underpasses or other adverse influences (weather conditions such as thunderstorms, interfering equipment, buildings or mountains, intensive mobile radio use in the respective radio, etc.). Any non-availability or delayed performance of the Audi connect e-tron services due to such factors does not constitute any defect in the services to be provided by AUDI AG. 2. Otherwise, the statutory provisions on warranty apply. IX. Liability 1. AUDI AG does not assume any liability for losses caused by the improper use of the Audi connect e-tron services. This applies, in particular, if using the Audi connect e-tron services causes the driver of the data-services-enabled vehicle to be distracted from traffic while driving and this leads to an accident. 2. AUDI AG does not assume any liability for losses resulting from the customer having chosen an unsuitable password or not having kept the password safe (cf. clause III. 2.) or caused by a third party whom the customer has enabled to access the Audi connect e-tron services (cf. clause III. 3.). 3. Otherwise, AUDI AG shall be liable pursuant to the following provisions: a) If, based on the statutory provisions, AUDI AG is liable for damage caused through slight negligence, AUDI AG shall have limited liability: It shall be liable only if essential contractual duties were breached. Moreover, this liability shall be limited to any typical damage that is foreseeable at the time the contract is entered into. b) Irrespective of whether or not AUDI AG is at fault, any liability in the case of malicious non-disclosure of a defect, any liability arising from the assumption of a guarantee or of a procurement risk, and any liability under the product liability act remain unaffected. c) Any personal liability of the legal representatives, vicarious agents and staff members of AUDI AG for damage caused by these individuals through slight negligence is excluded. For any damage caused by these individuals, other than the

6 legal representatives and executives, through gross negligence, the limitation of liability set forth in this regard for AUDI AG shall apply mutatis mutandis. d) The limitations of liability in this section do not apply in the case of injury to life, limb or health. X. Place of jurisdiction, governing law 1. The exclusive place of jurisdiction for all disputes arising out of and in connection with the Audi connect e-tron contract and these terms and conditions of use shall be AUDI AG's registered place of business (Ingolstadt, Germany). 2. Clause X.1. shall not apply if the customer - is a consumer, or - has his/her place of residence or business or habitual place of abode in Germany and is only an entrepreneur but not a registered merchant according to German HGB. 3. However, clause X. 1. shall also apply to any customer falling under clause X. 2., if said customer has no general place of jurisdiction in Germany, moves his/her place of residence or habitual place of abode out of Germany after the contract has been entered into, or if the habitual place of abode is not known at the time when the suit is filed; in such a case, clause X.1. shall also apply, in particular, to consumers. 4. All disputes arising out of or in connection with the Audi connect e-tron contract and these terms and conditions of use shall be governed exclusively by the laws of the Federal Republic of Germany; the application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) shall be not be applicable. Notwithstanding the foregoing, if the customer is a consumer, the laws of the state in which the consumer has his/her place of residence or habitual place of abode shall apply. XI. Final provisions Should one or several of the above provisions be or become ineffective, this shall not concern the effectiveness of the remaining provisions. Any invalid provisions shall be replaced by valid provisions which most closely reflect the economic purpose of the contract, reasonably taking into consideration the interests of both parties.