1. BMW ConnectedDrive Services and BMW ConnectedDrive Contracts
1.1 BMW Automotive (Ireland) Limited of Swift Square, Santry Demesne, Dublin 9 (hereafter referred to as “BMW”) provides you (hereafter referred to as “the Customer”) with vehicle-specific information and support services (hereafter referred to as “Service” or “Services”) under the name “BMW ConnectedDrive”, in accordance with these General Terms and Conditions of Service.
1.2 The current version of these General Terms and Conditions of Service may be viewed, stored and printed out at the website: www.bmw.ie/connecteddrive-information. The Customer shall be notified of changes to these General Terms and Conditions of Service. These changes shall become part of the contract between the Customer and BMW provided the Customer does not dissent within one month of receiving the notification.
1.3 To ensure that a specific Service can be made available for the Customer, it is necessary to establish a BMW ConnectedDrive contract between the Customer and BMW. If the Customer orders a new BMW vehicle that features the series or optional equipment required for a specific Service from a sales person (authorised BMW dealer or regional BMW branch), the Customer shall simultaneously agree to enter into a BMW ConnectedDrive contract for this Service.
a) If the Service is part of the series equipment of the new BMW vehicle, the BMW ConnectedDrive contract for this Service between the Customer and BMW shall commence at the same time as the sales agreement between the Customer and the sales person. The Customer waives the right to a separate declaration of acceptance.
b) If the Service is part of the optional equipment of the new BMW vehicle, the Customer shall only be bound by the BMW ConnectedDrive contract for this Service from the moment when the Customer can no longer deselect the optional equipment ordered for the new BMW vehicle. The BMW ConnectedDrive contract for this Service between the Customer and BMW shall then be established with the activation of the Service by BMW at the first registration of the new BMW vehicle. The Customer waives the right to a separate declaration of acceptance.
2. Description, duration and availability of Services
2.1 The Services are described in detail and their duration and availability may be viewed, stored and printed out at the website www.bmw.ie /connecteddrive-information and in the “BMW ConnectedDrive Services – Information” document.
2.2 The term of a BMW ConnectedDrive contract is determined by the respective Service. In general, the duration of a fixed-term Service shall be a maximum of two years but this shall be extended by a maximum period of one year, unless the Customer terminates the contract with BMW by giving notice to BMW at least six weeks before the end of the agreed term.
2.3 Services are provided by means of a SIM card installed in the vehicle. The Services may therefore be restricted in part by the regional reception and transmission area of the radio transmitters operated by the respective network providers and may also be particularly impacted by atmospheric conditions, topographical conditions, the position of the vehicle and obstructions (e.g. bridges and buildings). Additionally, it is a necessary condition for the provision of the Services that the mobile communication network required for the installed SIM card is functioning correctly and ready for operation.
2.4 The Services may be disrupted by force majeure, including strikes, lock-outs and official orders, as well as technical and other measures required on BMW facilities or on those of traffic information suppliers or network operators for the proper operation or improvement of the Service (e.g. maintenance, repair, system-related software updates, expansions). The Services may also be disrupted by short-term capacity-related bottlenecks due to peak loads on the Services or by failures in the telecommunication systems of third parties. BMW shall make reasonable efforts to eliminate such disturbances immediately or to work towards their elimination.
2.5 The Customer can report Service disturbances to BMW Customer Support (see below).
2.6 BMW reserves the right to modify the scope of a particular Service, provided this modification is reasonable for the Customer with regard to the full scope of the agreed Service. In the event of a far-reaching modification of the scope of a Service, the Customer may terminate this Service with immediate effect within one month of receipt of the change notification and deactivate it free of charge in accordance with 4.1 below.
3. Use of the Services
3.1 The Customer shall not be permitted to use these Services for unlawful purposes and shall not allow third parties to do so. The Customer shall not be permitted to forward to third parties or process data or information received using the Services for commercial purposes.
3.2 The SIM card installed in the vehicle shall only be used by the Customer for the provision of these Services provided by BMW.
3.3 The Customer can lock activated Services at any time via the BMW customer support (see 7 below) (e.g. in the event of theft or the unauthorised use of the vehicle by a third party).
3.4 The Customer shall bear the cost of misuse of the BMW Emergency Call.
3.5 The Services are vehicle-specific and cannot be transferred to another vehicle or used in another vehicle.
4. Deactivating the Services, termination of the BMW ConnectedDrive contract
4.1 The Customer may have the Services “TeleServices” and “BMW Emergency Call” deactivated at any time at an authorised BMW dealer, a regional BMW branch or an authorised BMW workshop. Deactivation of these Services will also deactivate the SIM card installed in the vehicle. This will result in the Emergency Call in the vehicle also not functioning.
4.2 The other Services can be individually deactivated by the customer (from July 2014) via the BMW customer support (see 7 below).
4.3 The Customer may terminate a Service with an indefinite duration at any time by giving six weeks’ notice to BMW. The Customer may terminate a fixed-term Service by giving notice to BMW at least six weeks before the end of the agreed term.
5. BMW ConnectedDrive Customer Portal (“My BMW ConnectedDrive”)
5.1 BMW has made the BMW ConnectedDrive Customer Portal* (“My BMW ConnectedDrive”) available for the Customer at the website: www.bmw-connecteddrive.ie . It is necessary for the user to set up a user account and to log in with user name and password before using “My BMW ConnectedDrive”.
5.2 The Customer can view and manage the status of the Services activated for his/her vehicle via “My BMW ConnectedDrive”. For this purpose, the Customer’s user account must be connected to the vehicle for which the Customer ordered the Services and which is to be used to access the Services. To set up this connection, the Customer must send the vehicle identification number and individually selectable identification features to BMW via “My BMW ConnectedDrive”.
6. Sale or permanent transfer of the vehicle
6.1 The Customer cannot transfer an existing BMW ConnectedDrive contract with BMW to a third party without the consent of BMW. This shall also apply when the Customer sells or permanently transfers the vehicle to a third party.
6.2 When a vehicle is sold or permanently transferred to a third party, the Customer must ensure that all the personal data stored in the vehicle is deleted. In addition, the Customer must terminate the connection between the vehicle and his/her user account via “My BMW ConnectedDrive” (see also 5.2 above).
6.3 The Customer must inform the third party to whom the vehicle has been sold or permanently transferred of all the Services that have not yet been deactivated.
6.4 When selling or permanently transferring the vehicle to a third party, the Customer has the right in accordance with 4.3 above to terminate a fixed-term Service with a notice period of six weeks. If the Customer terminates a Service before the end of the term, the price established for the Service shall not be paid pro rata.
BMW Customer Support is available at firstname.lastname@example.org. The BMW ConnectedDrive Hotline is available on: 1890 940 101 from Monday to Friday, 09:00 – 18:00.
The statutory warranty regulations shall apply.
9.1 BMW shall assume no liability for the accuracy and topicality of the data and information transmitted via the Services. This shall also apply for the consequences of disturbances, interruptions and functional impairments of the Service, particularly in the cases described in 2.3 and 2.4 above.
9.2 BMW shall not be liable for damages to the extent that these are based on the fact that the Customer is using a device that has not been approved by BMW for use of the Services according to the installation contained in the Service description (available at www.bmw.com/bluetooth).
9.3 EXCEPT FOR FRAUD OR FOR DEATH AND PERSONAL INJURY RESULTING FROM BMW NEGLIGENCE, BMW LIMITS ITS LIABILITY FOR ANY BREACH OF THE BMW CONNECTEDDRIVE AGREEMENTS TO THE AMOUNT OF THE PURCHASE PRICE OF THE SERVICE AND EXPRESSLY EXCLUDES ALL LIABILITY FOR LOSS OF PROFIT, GOODWILL AND FOR ANY INDIRECT, CONSEQUENTIAL OR ECONOMIC LOSS.
9.4 The personal liability of the legal representatives, assistants and personnel of BMW for damages caused by them through slight negligence is also limited to the extent described in the previous paragraph.
9.5 CONSUMER RIGHTS: YOUR STATUTORY RIGHTS AS A CONSUMER ARE NOT AFFECTED BY ANY PROVISION OF THESE GENERAL TERMS AND CONDITIONS OF SERVICE.
10. Data collection, storage, use and security
10.1 The data provided by the Customer in “My BMW ConnectedDrive” * is automatically encrypted using the SSL (Secure Sockets Layer) protocol. SSL is the industry standard for the transfer of confidential data via the Internet.
10.2 BMW collects, stores and uses personal data provided by customers within the legal stipulations, insofar as it is necessary for the justification, substantive organisation or modification of the contractual relationship (inventory data) and the utilisation and billing (usage data) of the Services. The Customer must notify BMW immediately of any modifications to personal data that affect the contractual relationship and the billing of the Services.
10.3 Usage data required for the billing of the Services (billing data) may be stored and used by BMW beyond the end of the usage process until completion of billing.
11. Place of jurisdiction and applicable law
All disputes arising out of or in connection with any BMW ConnectedDrive Service shall be subject to Irish Law and the Irish Courts shall have exclusive jurisdiction for all claims.
* The BMW ConnectedDrive Customer Portal (“My BMW ConnectedDrive”) will be available to Republic of Ireland customers from September 2013