GENERAL TERMS AND CONDITIONS OF SALE AND USE FOR AUDI CONNECT PRODUCTS AND SERVICES


1. SCOPE AND DEFINITIONS

1.1 Volkswagen Group Ireland Limited trading as Audi Ireland (Importer), non-bindingly offers the sale and use of various vehicle related functions and services, some of which can be activated individually on demand (Audi Connect Products and Services) in accordance with these general terms and conditions of sale and use for Audi Connect Products and Services (Terms of Sale and Use). Audi Connect Products and Services can be purchased (i) either in connection with the vehicle purchase or (ii) after the vehicle purchase and vehicle handover via the myAudi Shops (as defined in Section 1.2). The parties to these Terms of Sale and Use are the Importer and the User (as defined in Section 1.3). The conclusion of the vehicle purchase agreement as well as the related terms and conditions shall remain unaffected by these Terms of Sale and Use. Any definitions provided in these Terms of Sale and Use in the singular shall also be interpreted as in the plural.

1.2 myAudi Shops is the common term for (i) the portal www.myaudi.com (myAudi Portal) and (ii) the mobile application (myAudi App).
Purchases of Audi Connect Products and Services via the myAudi Shops require the existence of an Audi ID (myAudi Account), which can be created on the myAudi Portal or in the myAudi App. Creation and use of the myAudi Account are governed by the terms of use for myAudi and the Audi ID.

1.3 The offer to purchase Audi Connect Products and Services is addressed to the User. User is the natural or legal person who is the vehicle owner, company car driver or lessee of the vehicle in which the Audi Connect Products and Services shall be used or who has been authorised by one of the aforementioned persons to purchase and use Audi Connect Products and Services. However, the User may only be:
(i) a consumer who is a citizen of a Member State of the European Economic Area, i.e. the countries of the European Union, Norway, Iceland and Liechtenstein, or Switzerland (hereafter together referred to as "EEAS") or who is resident in a country in the EEAS, or
(ii) a non-consumer domiciled in a country in the EEAS, who uses services or purchases goods within the EEAS or seeks to do so.
There are different types of Users, each having different purchasing and usage possibilities with regard to the Audi Connect Products and Services. A User may be a (i) Primary User (as defined in Section 1.4), (ii) Secondary User (as defined in Section 1.5) or (iii) General User (as defined in Section 1.6).

1.4 Primary User is a natural or legal person who has registered on the myAudi Portal, verified their myAudi Account and has linked this myAudi Account with the vehicle using the vehicle code. Only one Primary User can be registered per vehicle. For a Primary User the complete scope of functions of the myAudi Shops and the purchased Audi Connect Products and Services are available.

1.5 Secondary User is a natural or legal person who has registered on the myAudi Portal, has assigned themselves a PIN and is authorised as a Secondary User by the Primary User on the myAudi Portal. To purchase Audi Connect Products and Services, the Secondary User must confirm the activation by the Primary User via the myAudi Portal. The scope of Audi Connect Products and Services which can be purchased by the Secondary User depends on the scope of rights granted by the Primary User to the Secondary User.

1.6 General User is a natural person who is neither a Primary User nor a Secondary User, but who has agreed to the application of these Terms of Sale and Use when entering into the vehicle purchase agreement and/or vehicle handover. A General User may not purchase Audi Connect Products and Services via the myAudi Shops and may not renew any existing Audi Connect Products and Services, unless it becomes a Primary User or Secondary User.

1.7 Third Party is a natural person who is neither a Primary User, Secondary User nor a General User pursuant to Sections 1.4-1.6, and to whom the right to use the Audi Connect Products and Services has been granted by a User.

1.8 These Terms of Sale and Use shall apply to the purchase and use of the Audi Connect Products and Services and apply in the version accepted by the User within the respective purchase process. Before placing the purchase order in the myAudi Shops, the currently applicable Terms of Sale and Use can be accessed once again and saved in reproducible form by the User prior to accepting them.

1.9 The Importer reserves the right to amend these Terms of Sale and Use for legitimate reasons, in particular for legal, regulatory or security reasons in accordance with this Section 1.9. The amended Terms of Sale and Use shall be published and communicated to the User at least thirty (30) days prior to their scheduled effective date. They shall be deemed to have been effectively agreed between the Importer and the User (i) if the User does not object to such amendment of the Terms of Sale and Use before the scheduled effective date of the amendments and (ii) provided that the User is expressly informed in such notification of amendment that the failure to object will result in the User's acceptance of the amended Terms of Sale and Use. In the notification of amendment, the Importer shall in particular inform the User about the individual amendments and the consequences of their failure to object.

1.10 Any terms of use deviating from these Terms of Sale and Use shall not apply, unless the Importer expressly agrees to their application in writing.


2. GENERAL TERMS AND CONDITIONS FOR THE SALE AND USE OF AUDI CONNECT PRODUCTS AND SERVICES

2.1 Types and availability

2.1.1 The respective Audi Connect Products and Services may only be used in Audi models where these are indicated in the product specification, in catalogues, the configurator or in the myAudi Shops. Depending on the type and configuration of the vehicle, different Audi Connect Products and Services may be available to the User.

2.1.2 A list of the currently available Audi Connect Products and Services and their content-related description, sorted by vehicle models, can be viewed broken down for the respective vehicle model in the associated product description when ordering a product.

2.1.3 By purchasing Audi Connect Products and Services when purchasing the vehicle, the person placing the purchase order is considered a General User. The General User may purchase all currently available Audi Connect Products and Services, however, the use of certain Audi Connect Products and Services may require a myAudi Account and, as the case may be, the registration as a Primary or Secondary User pursuant to Section 2.2.

2.1.4 The use of specific Audi Connect Products and Services (you can find a list of these in the associated product description), however, does not require a myAudi Account and these Audi Connect Products and Services are therefore also available for use by the General User and Third Parties. These Audi Connect Products and Services will already be activated upon the vehicle handover and can be used immediately by the General User and Third Parties.
The purchasing of Audi Connect Products and Services after the vehicle purchase and vehicle handover as well as the renewal of already activated Audi Connect Products and Services via the myAudi Shops are only possible for the Primary User and for the Secondary User, provided the Primary User has granted respective rights to the Secondary User.

2.2 Registration as Primary User or Secondary User

2.2.1 Specific Audi Connect Products and Services may be purchased by the Primary User and/or the Secondary User only. The registration as a Primary User or Secondary User requires a registration on the myAudi portal a portal operated by AUDI AG, Ettinger Straße 70, 85057 Ingolstadt, Germany (Audi), a myAudi Account, the verification in the myAudi Portal and the nomination as Primary User and/or Secondary User in the vehicle. The Primary User and the Secondary User are obliged to provide only truthful and correct information during the verification process carried out by Audi, and to correct the information in the myAudi Portal without undue delay in their data changes. Required information is marked as such within the verification process.

2.2.2 The registration as Primary User or Secondary User alone (i.e. without purchasing any Audi Connect Products and Services) does not impose any purchase obligation and/or payment obligation on the User.

2.2.3 The Primary User may delete their status as Primary User with respect to each vehicle assigned to them as Primary User in the vehicle (in the respective infotainment system – Multi Media Interface (MMI) – as explained in the vehicle manual) as well as in the myAudi Portal. Restoring the status as Primary User is possible in accordance with the information provided in the vehicle manual.

2.3 Offer and purchase of Audi Connect Products and Services

2.3.1 Audi Connect Products and Services can be purchased (i) in connection with the vehicle purchase or (ii) after the vehicle purchase and vehicle handover via the myAudi Shops pursuant to Section 2.4. The purchase of additional Audi Connect Products and Services after the vehicle purchase as well as the renewal of already activated Audi Connect Products and Services is only possible via the myAudi Shops.

2.3.2 Details regarding the availability, description, as the case may be, conditions and restrictions of use, term, price and payment terms of the Audi Connect Products and Services may be specified in the respective product specification and further applicable special terms of use for Audi Connect Products and Services, if any. Insofar a provision of these Terms of Sale and Use conflicts with special terms of use, the special terms of use shall prevail. The product specification and the special terms of use shall be provided to the User (i) by the Audi partner, the Importer, or by Audi directly when entering into the vehicle purchase agreement and/or the vehicle handover or (ii) in the myAudi Shops.

2.3.3 The offer of Audi Connect Products and Services shall be non-binding. For technical, legal or other legitimate reasons, the offer of the Audi Connect Products and Services may be restricted or excluded to the extent required.

2.3.4 If the User is not the owner of the vehicle, but the lessee, their permission to purchase Audi Connect Products and Services after the vehicle handover shall be subject to lessor's prior approval, unless such permission is included in the lease agreement.

2.4 Purchase orders via the myAudi Shops
This Section 2.4 applies to the purchase of Audi Connect Products and Services via the myAudi Shops of the Importer. Audi Connect Products and Services may also be purchased via the myAudi Shops of other contract partners subject to their respective terms and conditions.

2.4.1 Conclusion of contract
The presentation of Audi Connect Products and Services in the myAudi Shops does not constitute binding offers by the Importer to enter into a contract, but merely invite the User to make a binding declaration as to whether and which Audi Connect Products and Services they want to purchase from the Importer (invitatio ad offerendum). The product specification, the price (in euro) including statutory VAT at the respective applicable rate and the payment terms for the Audi Connect Products and Services are displayed in the myAudi Shops. The User may choose different Audi Connect Products and Services from the product range offered in the myAudi Shops and collect them in a so-called shopping cart via the button "Add to Cart". Before clicking the button "Order with Obligation to Pay", all Audi Connect Products and Services selected by the User, their total price including statutory VAT at the respective applicable rate as well as duties and charges are again displayed in an order overview to the User for review. The final prices for the Audi Connect Products and Services shall be displayed in the myAudi Shops after identification of the respective User's invoice address and on the basis of the respective applicable tax and duties laws. No delivery or shipping costs shall be incurred for the Audi Connect Products and Services, because the Importer activates and provides them as rights of use directly via the vehicle and therefore no delivery takes place.
The User shall have the opportunity to identify and correct any incorrect entries before finally placing the binding order. This shall not include the e-mail address. The e-mail address is not to be entered separately and cannot be changed during the order process. For the order and invoicing process the User's e-mail address provided in the myAudi Portal which also represents his/her/its user name for the myAudi Shops must be used. The User shall keep the information on the e-mail address provided up to date and shall assure to have access to their e-mail account and is able to receive respective invoices. The payment terms shall be provided during the order process in the myAudi Shops as well as in the subsequent order confirmation e-mail.
Before placing the binding order, the contractual provisions including these Terms of Sale and Use can be accessed once again and saved in reproducible form by the User.

2.4.2 When completing the order by clicking the button "Order with Obligation to Pay" in the myAudi Shops, the User places an order for the selected Audi Connect Products and Services and, thus, submits a legally binding offer to purchase from the Importer the right to use the selected Audi Connect Products and Services. The purchase contract on the right to use the selected Audi Connect Products and Services shall be shall only become effective with the Importer sending its order confirmation e-mail. After conclusion of the purchase contract and successful payment via the payment method indicated by the User (the payment details are specified in the payment terms), the Audi Connect Products and Services will be activated.

2.4.3 If the Audi Connect Products and Services ordered by the User cannot be provided by the Importer, in particular for reasons set out in Section 2.3.3, Audi may refrain from accepting the purchase order. In this case, no contract will be concluded. The Importer shall inform the User thereof without undue delay.

2.4.4 The contract terms will be saved and stored by the Importer after the contract has been concluded, and such terms will be accessible to the User thereafter.

2.4.5 Right of withdrawal for consumers
If the User is a consumer pursuant to S.I. No. 484/2013 European Union Consumer Information, Cancellation and Other Rights Regulations 2013, they have a right of withdrawal in accordance with the following instructions on withdrawal regarding the purchase contract concluded with the Importer on the right to use Audi Connect Products and Services. Consumer means every natural person who enters into a legal transaction for purposes that predominantly are outside their trade, business or profession.

2.5 Taxes and fees

2.5.1 The User is obliged to indicate an invoice address when registering in accordance with Section 2.2 and/or placing an order pursuant to Section 2.4; such address shall be the User's habitual abode/domicile/registered office. If the User is required to register for VAT with the Revenue Commissioners of Ireland, they shall indicate the place from which they operate their business.

2.5.2 EU VAT residents: when indicating a VAT identification number (VAT ID no.) in the myAudi Portal, and if such number is valid and applicable, the User shall be treated as a non-consumer for VAT purposes. If no VAT ID no. is entered or if the VAT ID no. entered is invalid after verification by the system, the User shall not be treated as a non-consumer for VAT purposes.
Non-EU but member of EEAS resident: If the User is resident in the EEAS but not the European Union (Norway, Iceland, Lichtenstein and Switzerland), the User will provide their corporate tax number on submission. If no local corporate tax number is entered by the User, the User shall not be treated as a non-consumer. When the User is treated as a non-consumer they are obliged, upon registration and/or placement of an order, to indicate an invoice address that corresponds to their tax residence, i.e. the place from which they operate their business and the User consents to electronic invoicing sent to the abovementioned e-mail address.

2.5.3 The prices indicated for the Audi Connect Products and Services in the myAudi Shops shall include applicable VAT. This shall not apply in cases where the User is a non-consumer who operates their business abroad and where the VAT liability vis-à-vis the tax authorities is shifted to the User. In this case, the prices indicated in the myAudi Shops shall be considered exclusive of VAT and the User shall be responsible for properly declaring and paying the VAT in accordance with the applicable provisions. The User shall be responsible for any additional other direct or indirect taxes of any kind incurred with respect to the order, as well as for public charges. In particular in cases of cross-border orders for Audi Connect Products and Services (contracting partners in different countries), the User may incur additional taxes. To the extent that claims are asserted vis-à-vis the Importer with respect to such additional direct or indirect taxes or other public charges, the Importer reserves the right to assert corresponding claims vis-à-vis the User. The Importer shall have no further obligations vis-à-vis the User in this respect.

2.6 Activation of Audi Connect Products and Services by Audi and provision by the Importer

2.6.1 The activation of Audi Connect Products and Services which are purchased in connection with the vehicle purchase is carried out by Audi. Insofar the use of the purchased Audi Connect Products and Services requires a registration as a Primary User, the Importer shall support the User in the registration process pursuant to Section 2.2. Purchased Audi Connect Products and Services that do not require a myAudi Account will already be activated upon vehicle handover and can be used immediately by the General User in accordance with these Terms of Sale and Use.

2.6.2 The activation of Audi Connect Products and Services ordered via the myAudi Shops shall be carried out after conclusion of the purchase contract and receipt of payment. The licence required to use the Audi Connect Products and Services that are ordered as part of the vehicle order is made available to the User by the Importer for a duration that varies depending on the vehicle type and model without a separate fee exceeding the vehicle price. The rights of use granted to the User by the Importer of the ordered Audi Connect Products and Services are made available by Audi via remote access to the vehicle and shall, provided that a sufficient data connection is in place, activate the Audi Connect Products and Services at the next engine start at the latest.

2.6.3 The activation and, depending on the respective Audi Connect Products and Services, the use of the Audi Connect Products and Services, may require that the vehicle has an active SIM card pre-installed by the manufacturer or inserted by the User in the respective pre-installed slot, and that, to the extent required for specific Audi Connect Products and Services, there is a global navigation satellite system (GNSS) signal. Therefore, the activation, and depending on the situation, the provision of the Audi Connect Products and Services, is only possible in the reception and transmission range of the radio stations operated by the respective network operator, and may in particular be impaired by interferences of the cell phone network required for the connection with the SIM card, atmospheric conditions, topographical circumstances, the position of the vehicle or obstacles (e.g. buildings or tunnels) as well as manual deactivation of the SIM card.

2.6.4 The use of Audi Connect Products and Services may be impaired or interrupted for reasons of force majeure, such as in particular strikes, lockouts and official orders, as well as due to technical and other measures that are e.g. required with respect to the facilities of Audi, suppliers of traffic data or the network operator in order to ensure the proper functioning or improvement of the Audi Connect Products and Services (e.g. maintenance, repair, system-related software updates, enhancements). The Importer shall make all reasonable efforts to remove such interferences without undue delay or work towards their removal. Impairments or interruptions of Audi Connect Products and Services may also result from temporary capacity constraints by capacity peaks of the Audi Connect Products and Services or impairments in the area of telecommunication facilities of third parties. General provisions on circumstances of force majeure are set out in Section 4.4.

2.7 Term and termination

2.7.1 There are Audi Connect Products and Services offered with (i) a lifetime term and (ii) a fixed term. The term of the Audi Connect Products and Services shall be specified in the respective product specification (see Section 2.3.2).

2.7.2 The term of the Audi Connect Products and Services shall commence (i) upon vehicle handover for Audi Connect Products and Services purchased in connection with the vehicle purchase and/or (ii) upon their activation pursuant to Section 2.6.2 for Audi Connect Products and Services ordered via the myAudi Shops.

2.7.3 For Audi Connect Products and Services with a fixed term, the right to use shall end upon expiration of the fixed term. Any renewal of the use shall only be possible via the myAudi Shops and shall require a respective purchase by the User and a subsequent activation. The User shall be informed in advance of the end of the term.

2.7.4 As regards Audi Connect Products and Services with a fixed term, the Importer and the User shall be entitled to terminate individual or all Audi Connect Products and Services for cause. Any sale or permanent transfer or lease of the vehicle shall not entitle the User to give an extraordinary termination for cause.

2.7.5 If Audi Connect Products and Services are based on services from third-party providers, permanent availability cannot be guaranteed; it is the responsibility of the third-party provider.

2.8 Use of the Audi Connect Products and Services

2.8.1 Audi Connect Products and Services are vehicle-bound and can only be used in the respective vehicle. They can neither be transferred from the respective vehicle to another vehicle, nor can they be used in another vehicle (alternatively or additionally). In case of a sale or permanent lease of the respective vehicle to a Third Party, Section 2.11 shall apply.

2.8.2 The User shall not use Audi Connect Products and Services for illegal purposes and shall not permit Third Parties to use the Audi Connect Products and Services for illegal purposes. Changing, processing, decompiling or reproducing the software provided for the use of Audi Connect Products and Services shall be prohibited. This applies accordingly to any hardware contained in the vehicles.

2.8.3 The offer to purchase and use Audi Connect Products and Services by the Importer is exclusively addressed to the User. Insofar the User enables Third Parties to use Audi Connect Products and Services, the User is obliged to inform the Third Party about any activated Audi Connect Products and Services, the applicability of these Terms of Sale and Use and their content and any special terms of use as well as the applicable privacy notice, and the User shall oblige the Third Party accordingly. In particular, the User is obliged to inform the Third Party about the specific dangers and risks of the Audi Connect Products and Services (in particular in accordance with the respective information provided in the vehicle manual) and about any restrictions of use.

2.8.4 Insofar as the User enables Third Parties to use Audi Connect Products and Services, the User shall indemnify the Importer and/or Audi against all claims asserted against the Importer and/or Audi that arise because of User's default to sufficiently inform the Third Party pursuant to Section 2.8.3. Insofar as the User infringes any rights or legal interests of third parties (e.g. in the case of illegal or abusive use of the Audi Connect Products and Services), the User shall indemnify the Importer and Audi against all claims of third parties and any associated costs to the extent that the User is responsible for the infringement, in particular in the case of their default to provide sufficient information and/or clarification pursuant to Section 2.8.3.

2.9 Cyber Security

2.9.1 The Importer strongly recommends that the User take all available measures (e.g. device password, graphic pattern recognition) to protect his device from misuse or unauthorised access by third parties.

2.9.2 The Importer is entitled and obliged to take appropriate measures to avert risks from cyber-attacks to vehicle and traffic safety, life, health, the right to informational self-determination (privacy), property, assets and other legal interests of the User, the owner or keeper of the vehicle, Audi, third parties or the Importer itself. These measures may lead to restrictions on mobile online services and/or the data connection. Depending on the severity of the danger and/or the importance of the threatened legal interests, a (temporary) complete or partial blocking of the mobile online services and an interruption of the data connection may be indicated. In this case, the use of the mobile online services may not be possible.

2.9.3 In order to carry out the aforementioned measures or to restore the full availability of the mobile online services or the data connection, the Importer is entitled to provide the User with a free update of the software in the vehicle. The User can also have the software update carried out by their Audi service partner. The restoration of the (full) availability of the mobile online services may also require further cooperation on the part of the User (e.g. changing the PIN or password of the myAudi Account).

2.10 Change and blocking

2.10.1 The Importer reserves the right to change the scope of performance of Audi Connect Products and Services if this is necessary and reasonable for the User and if at least one of the following conditions is fulfilled: (i) the change is for the benefit of the User, such as technical improvements of the Audi Connect Products and Services and extensions of the scope of performance of the Audi Connect Products and Services, (ii) the change is mandatory due changes of statutory law or changes of supreme court case law, or (iii) the change results in an insignificant technical change of the Audi Connect Products and Services only which is not to the disadvantage of the User. The User shall be informed of such changes in the scope of performance of the respective Audi Connect Products and Services in writing or via an electronic communication channel (e.g. via the myAudi Portal).

2.10.2 The Importer shall be entitled to (temporarily) block Audi Connect Products and Services of a User if and to the extent that (i) the User uses the respective Audi Connect Products and Services for illegal purposes or abuses them or allows third parties to do so, or (ii) security problems exist, or (iii) one of the scenarios mentioned under (i) or (ii) threatens to occur. The Importer shall also be entitled due to the application of export control and sanctions regulations pursuant to Section 4.3 to block the User's access to future and already purchased Audi Connect Products and Services and/or to Audi Connect Products and Services that are subject to registration including the associated products, software or technologies. Any payment obligations of the User for the use of Audi Connect Products and Services shall remain unaffected unless the User is not responsible for the reason for the blocking.

2.11 Obligations of the User in the event of permanent abandonment of use of the vehicle (in particular sale, return of leased vehicles or transfer) are set out in this Section 2.11.

2.11.1 In the event of the permanent abandonment of use of the vehicle, the User shall comply with the obligations set out in this Section 2.11. If the User hands over the vehicle to another person after the permanent abandonment use, this person is hereinafter referred to as the Vehicle Recipient. A permanent abandonment of use includes the following cases in particular:
(i) Disposal (in particular sale) of the vehicle;
(ii) Return to the owner or lessor of a vehicle (in particular leasing vehicles, company cars) that has been temporarily made available to the User;
(iii) any other permanent transfer or assignment of the vehicle to a Vehicle Recipient, whereby the user is otherwise no longer entitled to use the vehicle, or
(iv) decommissioning of the vehicle.

2.11.2 Before the permanent abandonment of use and transfer of the vehicle to the Vehicle Recipient, the User must immediately remove the link between the vehicle and their my-Audi Account on the my-Audi Portal, delete their registration as Primary User or Secondary User deposited in the respective vehicle and refrain from any further use of the Audi Connect Products and Services. Any payments already made by the User will not be reimbursed by the Importer (including not on a pro-rata basis). If the User fails to comply with this obligation and if the Vehicle Recipient can prove to Audi that they are the Primary User in accordance with Section 1.4, the Importer is entitled (without prejudice to other rights of the Importer) to perform the deletion.

2.11.3 The User must inform the Vehicle Recipient of all Audi Connect Products and Services ordered, their (remaining) running terms of service as well as about these Terms of Sale and Use and any possible further special terms of use.

2.11.4 The User is also obliged to hand over the vehicle code to the Vehicle Recipient.

2.11.5 The User shall be responsible for the deletion of all personal data stored in the vehicle.

2.12 Rights in case of defects

2.12.1 In the case of defects, the User shall be entitled to statutory rights to subsequent performance, rescission of the contract, damages and/or reimbursement of expenses.

2.12.2 For Audi Connect Products and Services with a lifetime term, the rights in case of defects shall be subject to the statutory limitation period. The limitation period shall begin with activation of the respective Audi Connect Products and Services.

2.12.3 For Audi Connect Products and Services with a fixed term, the Importer's strict liability for damages due to defects which already exist at the time of conclusion of the contract shall be excluded. The User's rights pursuant to Section 2.13 shall remain unaffected thereof.

2.13 Liability

2.13.1 The Importer shall not assume any guarantee with respect to the Audi Connect Products and Services. The information contained in the product specification shall not constitute a guarantee of quality, unless The Importer has expressly designated it as such guarantee.

2.13.2 The Importer shall not assume any liability that the data and information provided via Audi Connect Products and Services are accurate and up to date.

2.13.3 The Importer shall not be liable for malfunctions, disruptions and functional impairments of the Audi Connect Products and Services and their consequences, except within the scope of Section 2.13.4.

2.13.4 The Importer shall be liable without limitation for any damages caused intentionally or by gross negligence. The Importer shall also be liable without limitation for damages for culpably caused personal injuries caused by The Importer, its statutory representative or agents, even if caused by slight negligence. In the event of a violation of material contractual obligations, i.e. obligations which are deemed to be necessary for due and careful completion of the contract and on the fulfillment of which the other party may with good reason permanently rely, the Importer shall also be liable for damages caused by slight negligence. In the aforementioned case, the Importer's liability shall be limited to the typically foreseeable damage at the time of entering into the contract. Any other liability for damages caused by slight negligence shall be excluded. The liability under the Liability for Defective Products Act 1991 or any other mandatory statutory liability shall remain unaffected. Any further statutory limitations of liability shall remain unaffected.

2.13.5 The personal liability of statutory representatives, agents and employees of the Importer for damages caused by them by slight negligence shall also be limited to the extent described in this Section 2.13.


3. SPECIAL TERMS OF USE FOR AUDI CONNECT AS A PRODUCT LINE OF AUDI CONNECT PRODUCTS AND SERVICES

3.1 Scope and provision of Audi Connect

3.1.1 A specific product line of Audi Connect Products and Services which may be purchased by the User are vehicle-bound information and assistance services ("Audi Connect").

3.1.2 Audi Connect is a category of Audi Connect Products and Services. In addition to the foregoing provisions, this Section 3 shall apply to the purchase and use of Audi Connect. In the event of discrepancies between the provisions of this Section 3 and the other provisions of these Terms of Sale and Use, in particular Section 2, the provisions of this Section 3 shall prevail to the extent necessary to resolve the conflict.

3.1.3 The service provider of Audi Connect is AUDI AG, Auto-Union-Str. 1, 85057 Ingolstadt, Germany.

3.2 Requirements for use, data connections and disruptions

3.2.1 The use of Audi Connect requires a navigation system of the vehicle. With the purchase of a vehicle configured with a navigation system “MMI Navigation plus”, either as optional extra equipment or as standard equipment, the right to use included services of Audi Connect may be included free-of-charge for a fixed term.

3.2.2 If a SIM card has been pre-installed in the vehicle by the manufacturer (which depends on the model and the age of the vehicle; for the relevant information, please see the respective vehicle manual), the data connection for Audi Connect will be established by a mobile service provider via the SIM card installed in the vehicle. The costs for the data connections are included in the price for Audi Connect for the respective term of the individual Audi Connect services. This does not apply to data connections for certain Audi Connect services (such as WLAN hotspots, the use of the online radio, hybrid radio and audio streaming services via integrated Amazon Alexa as well as online media streaming and other services offered via an Audi smartphone app; please refer to the product description for a detailed overview), in which the data connection is established on the basis of a fee-based data plan of a default telecommunication service provider via the fixed SIM card pre-installed in the vehicle. For more information on data plans and booking please visit www.myaudi.com. If the option of using an external SIM card via a card slot has been pre-installed in the vehicle by the manufacturer (whether this is the case depends on the vehicle type and age and can be looked up in the relevant log book), all data connections for all Audi Connect services and for the use of services of third parties will be established via this external SIM card. Any costs incurred hereby shall be borne by the User. Audi and/or the Importer shall not be obliged to reimburse any incurred costs.

3.2.3 In vehicles, in which no SIM card has been pre-installed by the manufacturer, the User may install his/her/its own SIM card into the card slot to establish a data connection. In connection with the optional Audi phone box equipment, a Bluetooth-enabled smartphone with a remote SIM Access Profile (rSAP)33 can also be connected to use the integrated in-car telephone function. If an external SIM card is installed into the card slot or connected via rSAP, all data connections for Audi Connect will be established via this external SIM card. The costs incurred will then be invoiced exclusively via the external SIM card.

3.2.4 The Audi Connect services are only available within the coverage of the default telecommunication service provider or by the User (if the User can their own SIM-card). In regions with insufficient GPS reception or not covered by the respective mobile service provider, some functionalities/services cannot transmit/receive data and may not be available or run with limited services only, as the case may be.

3.3 Availability of Audi Connect
Insofar as the vehicle is used in a country other than the country for which it was produced, Audi Connect may not be available or may be available with limited performance due to regulatory requirements. Insofar Audi Connect cannot be used or can only be used with limited performance in a country; the Importer shall not assume any liability.

3.4 Activation of and special features when using Audi Connect

3.4.1 The User agrees that some Audi Connect services will already be activated upon vehicle handover. These services may be used immediately in accordance with these Terms of Sale and Use. In connection with these services, Audi will also directly receive data, including personal data, as the case may be.
The Primary User, the Secondary User, the General User and any Third Party may deactivate the transfer of data from the vehicle at any time by changing the privacy settings in the vehicle (Privacy Mode). The User is aware that not all (especially those of the older generation) vehicles are equipped with the privacy mode functionality. The User is aware that activating the Privacy Mode may, however, not deactivate all transfers of data (e.g. to the extent required for the so-called eCall according to Section 3.5.4). The Primary or Secondary User may identify the Audi Connect services that cannot be deactivated within the scope of the Privacy Mode at www.my.audi.com > Select Vehicle > "Functions" > Functions Summary as well as the information texts relating to the respective vehicle under Privacy Mode. For further details, please visit the privacy notice, which can be accessed here: https://www.audi.com/en/privacy-audi-connect.html. General provisions regarding the processing of personal data in connection with the purchase and use of Audi Connect Products and Services are specified in Section 4.1.

3.4.2 If an Audi Connect service must first be activated separately in the myAudi Portal before it can be used, a registration as Primary User or Secondary User in accordance with Section 2.2 is required. A list of those Audi Connect services, which require a registration as Primary User or Secondary User can be viewed broken down for the respective vehicle model in the corresponding product description when ordering a product.

3.5 Term of Audi Connect

3.5.1 If Audi Connect is based on services provided by a third party provider, Audi cannot warrant a permanent availability; the responsibility in this case lies with the third party provider.

3.5.2 After twenty-four (24) months upon the vehicle handover, the fixed term of Audi Connect shall be prolonged once by twelve (12) months at no cost for the User. If the User does not wish such prolongation of Audi Connect, they shall notify the Importer accordingly in writing to the following address: Volkswagen Group Ireland Limited t/a Audi Ireland, Block C, Liffey Valley Office Campus, Dublin 22, D22CF60 or by email: audicustomerservice@audi.ie
Further information on any subsequent prolongation of Audi Connect may be obtained from the Importer.

3.5.3 Notwithstanding Section 3.5.2, the Audi Connect Emergency Call & Service shall be provided for a period of ten (10) years after the vehicle handover.

3.5.4 The statutory emergency call is available upon vehicle handover without any time limit, and will comply with the legal requirements of the pan-European emergency call system (eCall).

3.6 Special information obligations
The User shall inform any Third Party to whom the vehicle is handed over about all Audi Connect services that are active or have been set in Privacy Mode, their (remaining) terms as well as about these Terms of Sale and Use and any applicable special terms of use.

3.7 Scope and provisions of System Update online

3.7.1 A specific product line of Audi Connect Products and Services you can find a list of these in the associated product description) ordered by the User is the automatic provision of updates for the software used in the vehicle (System Update Online).

3.7.2 System Update Online is a category of Audi Connect Products and Services. The terms and conditions in this Section 3.7 apply to the ordering and use of Audi Connect. In the event of discrepancies between the provisions of this Section 3.7 and the other provisions of these Terms of Sale and Use, the provisions of this Section 3.7 shall prevail to the extent necessary to resolve the conflict.

3.7.3 System Update Online is a telemedia service and the provider of the telemedia service is AUDI AG.

3.7.4 Conditions of use for System Update online.
(i) Audi reserves the right to read information stored in the vehicle to determine which software updates the vehicle requires. If an update is available, Audi will upload the necessary information to the vehicle in preparation for installation.
(ii) Audi will inform the User about the content of the respective update and will ask the User to consent to the installation. The installation of the respective update will only take place after the User has given their consent.


4. FINAL PROVISIONS

4.1 Use and processing of data, data protection

4.1.1 Within the scope of purchasing and using the Audi Connect Products and Services, including the registration as Primary User or Secondary User pursuant to Section 2.2 and the performance of the respective contract, the Importer and Audi shall process personal data submitted by the User or collected by the Importer only based on statutory legal justifications (in particular for the performance of these Terms Sale and Use) or on the basis of a valid consent as well as in accordance with the description in the privacy notice can be accessed here: https://www.audi.com/en/privacy-audi-connect.html).

4.1.2 The User is aware of the fact that data (including personal data, as the case may be) shall be collected and processed in connection with the use of the Audi Connect Products and Services by Audi. Collecting and processing certain data is necessary to provide the User with the Audi Connect Products and Services and to enable their use. For more detailed information on the collection of personal data, please see the privacy notice (which can be accessed here: https://www.audi.com/en/privacy-audi-connect.html).

4.1.3 In compliance with, and to the extent permitted under data protection law, the Importer and Audi shall be entitled to use and/or to transfer to third parties, without restrictions, any data collected through or in connection with the use of the Audi Connect Products and Services by the Importer, Audi or its cooperation partners in this connection, or any data produced by Audi or its cooperation partners as permitted law. The User shall have no claims for surrender, remuneration or other forms of compensation. Mandatory statutory provisions, in particular those arising from the EU General Data Protection Regulation, shall remain unaffected.

4.2 Confidential information

4.2.1 The User is obliged to keep the documents, log-in data (e.g. PIN, vehicle code and password) and the information they were provided with which is required for using the Audi Connect Products and Services (Confidential Information) in a safe place and protect them from access and notice by third parties at all times. The User is obliged to refrain from disclosing the Confidential Information to third parties, except in the cases specified in these Terms of Sale and Use. This obligation of confidentiality shall not apply to information that had already been known to the receiving party prior to receipt, that the receiving party lawfully received or will receive from a third party without concomitant confidentiality obligations or that is subject to mandatory disclosure vis-à-vis third parties pursuant to applicable law or a governmental or court order (e.g. disclosures to licensing authorities, regulatory authorities, government authorities or courts).

4.2.2 The User is hereby informed that Third Parties who have knowledge of the Confidential Information and who are in possession of the vehicle key and/or the vehicle code, may, by changing the settings accordingly, delete the Primary User position in the vehicle, register themselves as the Primary User and will subsequently be able to exercise all Primary User rights and, thus, in particular use Audi Connect Products and Services as a Primary User and modify the configuration of the functions. Consequently, such disclosure of Confidential Information may, amongst others, result in damage to the vehicle or even constitute a threat to life and limb.

4.3. Export control

4.3.1. Any carrying out and performing of services in connection with Audi Connect Products and Services and related products, software and technology by The Importer shall be subject to the condition that performance is neither inhibited by obstacles resulting from regulations of national and/or international foreign trade and payments laws nor by embargoes and/or other sanctions regimes. The User of Audi Connect Products and Services shall comply with all applicable provisions of the foreign trade and payments law and export control. In addition to the national foreign trade and payments law and EU export control law, this shall also include extraterritorially applicable export control and sanctions regulations of the U.S. and other countries to the extent they are to be complied with pursuant to EU legislation and they constitute sanctions against countries, against which have also been imposed sanctions by the United Nations, or Irish legislation.

4.3.2. Moreover, the User shall be responsible for complying with local laws relating to imports, exports or re-exports as well as the in-country transfers of the Audi Connect Products and Services and the related products, software and technologies they are subject to.

4.3.3. The User’s purchase and use of Audi Connect Products and Services shall be for purely civilian purposes. Any (para)military, arms-related, nuclear, chemical, biological, rocket- or weapons-related use shall be excluded. The User is obliged to ensure that they are not prohibited from receiving and using Audi Connect Products and Services and related products, software or technology under applicable export control or sanctions regulations. If the Importer is of the opinion that this is not the case, the Importer is entitled to block the access to future and already purchased Audi Connect Products and Services and/or to Audi Connect Products and Services that are subject to registration, and to terminate any contracts between Audi and the User with immediate effect.

4.4. Force Majeure
Neither the Importer nor the User shall be responsible for any non-performance or delayed performance of obligations under these Terms of Sale and Use if the reasons for such failure or delay are beyond the reasonable control of the Importer or the User. This shall include acts of God, earthquakes, fires, floods, embargoes, insurrections, pandemic, sabotage, attacks on IT systems by third parties (e.g. cyber-attacks), labor shortage, strikes or labour disputes or omission by public authorities, war or terrorist attacks.

4.5. Change of Importer, Transfer of Contract to Audi AG or new importer, Termination Right of the User
The Importer is currently a contractual partner of Audi for Ireland and in this capacity provides the Audi Connect Products and Services to the User. If at any time the Importer ceases to be a contractual partner of Audi for Ireland, the Importer shall be entitled to transfer the existing contractual relationship with the User to Audi or a new importer without the User's consent (Transfer of Contract). The Transfer of Contract shall have the sole purpose to ensure that the Audi Connect Products and Services are provided to the User as contractually agreed further on. Therefore, Audi or any new importer respectively shall take over all rights and obligations of the Importer under the contractual relationship. The User will not incur any expenses or other charges as a result of the Transfer of Contract. The Importer shall inform the User of this in a reasonable period of time prior to the Transfer of Contract. In the event of a Transfer of Contract, the User shall be entitled to terminate individual or all Audi Connect Products and Services with immediate effect.

4.6. Assignment and set-off by the User

4.6.1. The User may not assign any rights and obligation arising from the contract relationship with the Importer under these Terms of Sale and Use without the Importer’s prior written consent.

4.6.2. The User is only entitled to a set off against claims of the Importer if their counterclaim is uncontested, has finally been adjudicated or is ready for decision. The User is also entitled to set-off against claims of the Importer if they assert rights in case of defects and/or their counterclaim is based on the same contract. The User is only entitled to assert a right of retention to the extent that their counterclaim is based on the same contract with Audi.

4.7. Payment with debt-discharging effect and anti-money laundering
Natural or legal persons who are not identical with the User cannot make payments to the Importer with debt-discharging effect without the Importer’s prior written consent. The Importer shall not unreasonably withhold such consent. The consent is superfluous where a payment is made by a credit/payment institution domiciled in a country in the EEAS including, but not limited to, companies of the Volkswagen group domiciled in that region. The same shall apply to payments authorised via Audi Pay.

4.8. Contact
If you have any questions, suggestions or complaints, you may contact the Importer customer service by e-mail at audicustomerservice@audi.ie. The Importer hotline is available at: 1850 812 760 available from 8am to 6pm, Monday to Friday (call charges apply as per phone provider standard charges to landlines). When calling, the User should make sure to have their e-mail address provided in the myAudi Portal as well as the vehicle identification number at hand.

4.8.1. The Importer and the User shall communicate via e-mail or mail. The User must have a valid e-mail account for the entire duration of the contractual relationship and must have access to the corresponding e-mail account. The User must also have a postal address. If the e-mail address or the postal address of the User changes, they shall update the information without undue delay.

4.9. Applicable law, jurisdiction, contractual language and severability clause

4.9.1. The courts of Ireland shall be the exclusive forum for all disputes arising under these Terms of Sale and Use.

4.9.2. For all disputes arising from or in relation to the contractual relationship between the User and the Importer, the law of Ireland applies under the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG).

4.9.3. The language of these Terms of Sale and Use shall be English.

4.9.4. If a provision of the purchase contract and/or these Terms of Sale and Use is invalid, in whole or in part, the validity of the remaining provisions shall remain unaffected hereby. If the User is not a consumer, the Importer and the User shall replace the invalid provision by a mutually agreed provision that comes as close as possible to the intended economic effect of the invalid provision.

4.10. Consumer information pursuant to Regulation (EU) No. 524/2013 (online dispute resolution)
Information regarding the online dispute resolutions for consumer disputes and/or regarding any alternative dispute resolution for consumer disputes can be found at: http://ec.europa.eu/consumers/odr/