General Terms and Conditions of Service for ConnectedDrive

1. BMW ConnectedDrive Services

1.1 BMW Australia Limited (ABN 11 004 675 129) of 783 Springvale Road, Mulgrave VIC 3170 (“BMW”) provides customers (“you”) with vehicle-specific information and support services ("Services") under the name “BMW ConnectedDrive”, in accordance with these General Terms and Conditions of Service ("Terms"). In BMW i vehicles, BMW ConnectedDrive is also referred to as “BMW i ConnectedDrive”, and may be used interchangeably.

1.2 The Services 'BMW Emergency Call' and 'Teleservices' are built-into all vehicles as standard and are provided at no charge. All other Services are optional and are provided for a fee.

1.3 You may subscribe to optional Services:

(a) where the Services will be built-in prior to delivery of the vehicle, by completing the relevant sections of the vehicle's contract of sale; and

(b) through the "BMW ConnectedDrive Store" (which can be accessed through the vehicle's user interface or within the BMW ConnectedDrive Customer Portal (as described in paragraph 9)). To use the BMW ConnectedDrive Store, you must register with the BMW ConnectedDrive Customer Portal.

In these Terms, the "Documentation" relating to a Service means the contract of sale and/or the BMW ConnectedDrive Store online order form (as applicable).

1.4 All Services, whether included in a vehicle as standard, or optional, are subject to these Terms.

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 [www.bmw.com.au] ("BMW Website") and in the “BMW ConnectedDrive Services – Information” document.

2.2 You acknowledge that all rights (including intellectual property rights) in all data, materials and information made available through the Services (other than any materials provided by you) ("Content") are owned by BMW or its third party service providers. Your access to and use of this Content is subject to these Terms and to any disclaimers, restrictions or notices included in, accompanying, referred to or hyperlinked from that Content.

2.3 Each Service will commence from the activation of the applicable Service by BMW ("Activation Date") and, unless terminated or deactivated earlier in accordance with these Terms, will continue for the period set out in the Documentation.

2.4 Except where you have elected to automatically renew a Service, that Service will not renew unless, at least six (6) weeks prior to the expiry of the then-current term for that Service, you notify BMW in writing that you wish to renew that Service.

2.5 Services are provided by means of a SIM card installed in the vehicle. You acknowledge that 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, you acknowledge that 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.

2.6 You acknowledge that 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). You also acknowledge that 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 or operated by third parties. BMW shall make reasonable efforts to reduce those disturbances which are within its reasonable control.

2.7 You can report Service disturbances to BMW's ConnectedDrive Customer Care Hotline (details for which are set out in paragraph 11 below).

2.8 BMW reserves the right to modify the scope of a particular Service, or substitute the Services or any component of the Services, at any time, without consultation with or notice to you, provided this modification or substitution is reasonable with regard to the full scope of the agreed Service.

3. Use of the Services

3.1 You must not, and must not allow third parties to, use the Services or any Content:

(a) to engage in any activity which breaches any law, infringes BMW's or a third party's rights (including intellectual property rights) or in a manner which interferes with the rights of any other person;

(b) in a way that may damage any property or injure or kill any person (and in particular, but without limitation, by the driver using the Services when the vehicle is in motion or it is otherwise unsafe to use the Services); or

(c) in any way that constitutes misuse, or resale or other commercial use, of the Services or any Content.

3.2 You must comply with:

(a) BMW's standard operating and security procedures relating to the Services as notified from time to time;

(b) any reasonable directions of BMW from time to time in relation to the use of the Services; and

(c) all applicable laws, statutes and regulations in all jurisdictions that relate to your use of the Services.

3.3 The SIM card installed in the vehicle must only be used by you to receive Services provided by BMW. Without limiting paragraph 3.1, you must not use a BMW-provided SIM card for any purpose other than for the Services provided by BMW.

3.4 You shall bear the cost of misuse of the Services.

3.5 For BMW i vehicles, Prior to charging, the customer must check on location whether his vehicle is compatible with the charging station displayed through the services. If the vehicle is incompatible with the charging station, it can cause serious damage to the vehicle.

4. Fees and payment

4.1 You agree to pay for the Services as set out in BMW's then-current price lists, in advance, in the manner set out in the Documentation and in accordance with BMW's invoices. Unless otherwise specified, all prices are quoted in Australian dollars (AUD). BMW may amend its price lists from time to time without notice to you.

4.2 The provision of Services is subject to approval of your payment transaction. If your payment is not approved, BMW is under no obligation to provide the Services to you, and where Services have been provided in advance, BMW may terminate these immediately without notice to you.

5. GST

5.1 Words or expressions used in this paragraph 5 which are defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth) have the same meaning in this paragraph.

5.2 Any consideration payable or to be provided for a supply made under or in connection with these Terms, unless specifically described as 'GST inclusive', does not include any amount on account of GST. If GST is payable on any supply made under or in connection with these Terms (not being a supply the consideration for which is specifically described as 'GST inclusive'), the recipient of the supply must pay to the supplier, an additional amount equal to the GST payable on the supply provided that the supplier gives the recipient a tax invoice for the supply.

5.3 If a payment to a party under these Terms is a reimbursement or indemnification, calculated by reference to a loss, cost or expense incurred by that party, then the payment will be reduced by the amount of any input tax credit to which that party, or the representative member of the GST group that party is a member of (as the case may be), is entitled for that loss, cost or expense.

6. Deactivating the Services, termination by you

6.1 You may have all Services deactivated at any time at an authorised BMW dealer, a regional BMW branch or an authorised BMW workshop. Deactivation of all Services will also deactivate the SIM card installed in the vehicle. This results in the "BMW Emergency Call" Service in the vehicle also not functioning.

6.2 You may terminate a Service at any time, through BMW's ConnectedDrive Customer Care Hotline (details for which are set out in paragraph 11 below). If you terminate a Service before the end of the term, any amounts paid by you in advance for that Service will not be refunded to you by BMW.

7. Suspension and termination by BMW

7.1 In the event of an actual or suspected breach of these Terms by you (including for non-payment), BMW may immediately suspend or terminate your access to or use of all or part of any Services without notice to you.

7.2 BMW may terminate one or more Services, at any time, by giving you not less than six weeks' written notice. If BMW terminates one or more Services under this clause 7.2, BMW may, in its discretion, refund any amounts paid by you in advance for that Service on a pro-rata basis.

8. Consequences of termination and expiry

8.1 On termination or expiry of one or more Services:

(a) BMW may immediately cease providing the relevant Services, or all of the Services, as the case may be; and

(b) you must pay the applicable cancellation fee (if any).

8.2 To avoid doubt, where all Services have been terminated, have expired and/or the SIM card installed in the vehicle has been deactivated, the "BMW Emergency Call" Service in the vehicle will not function.

9. BMW ConnectedDrive Customer Portal

9.1 You can view and manage the status of the Services activated for your vehicle online through the BMW ConnectedDrive Customer Portal (“Portal”) at the BMW Website.

9.2 To use the Portal you must set up a user account and log in with a user name and password. You must keep your user account details and password secret and not disclose them to anyone else; and must notify BMW immediately if you suspect that the secrecy of your user account details or password has been compromised.

9.3 You are responsible for all activity that occurs under or through your user account. If there is a change to any information relating to your user account, you must update your user account or notify BMW as soon as possible.

9.4 Your user account must be connected to the vehicle for which you ordered the Services and which is to be used to access the Services. To set up this connection, you must submit the vehicle identification number and individually selectable identification features to BMW for verification through the Portal.

10. Sale or permanent transfer of the vehicle

10.1 The Services are vehicle-specific and cannot be transferred to another vehicle or used in another vehicle. However you can transfer the Services to another person to whom you sell or permanently transfer a vehicle.

10.2 Accordingly, when a vehicle is sold or permanently transferred to another person:

(a) You may (at your choice) deactivate and terminate the Services;

(b) You must disconnect the vehicle from your user account through the Portal (as described in paragraph 9.4) and advise that other person to set up a user account through the Portal (if required) and connect the vehicle to that user account,

but in either case you must:

(c) ensure that all personal information stored in the vehicle is deleted; and

(d) inform the third party to whom the vehicle has been sold or permanently transferred of any Services that have not yet been deactivated or terminated.

(e) Inform the third party to whom the vehicle has been sold or permanently transferred of any Services that he or she must map / link the vehicle to their user account in the Portal.

10.3 If you deactivate and terminate the Services, paragraph 6.2 applies. If you transfer any Services to another person, any amounts paid by you in advance for that Service will not be refunded to you by BMW.

11. Contacts

11.1 BMW Customer Support is available at info@bmw-connecteddrive.com.au

11.2 The BMW ConnectedDrive Customer Care Hotline is available on: 133 269 (133 BMW) from Monday to Sunday, 9:00 – 18:00.

12. Data collection, storage, use and security

12.1 In the course of providing the Services, BMW collects, discloses, uses and stores personal information about customers in accordance with its privacy policy, as amended from time to time (a copy is available on the BMW Website or by calling 133 269 (133 BMW)). This privacy policy explains how you can access and request correction of any personal information BMW holds about you and contains information about making a privacy complaint. If you do not provide or BMW cannot collect all the personal information relevant to the Services, BMW may not be able to provide all or part of the Services temporarily or indefinitely.

12.2 You acknowledge and agree that personal information and other data provided by you through the Portal, and provided or sent by you from, to or through the Services (for example, address lists, telephone numbers and personal emails) ("Data") may be transmitted, stored, processed, used, reproduced, distributed and disclosed in accordance with the functionality and for the purposes of the Services, and may be disclosed to and collected by:

(a) BMW's related bodies corporate in Germany;

(b) your BMW dealer;

(c) BMW's third party service providers located in Australia and overseas (including Denmark, France, Germany and the Philippines); and

(d) in certain circumstances, local emergency services or authorities,

for purposes including:

(e) quality assurance;

(f) Services support;

(g) the processing and storing of Data; and

(h) emergency assistance.

In addition to the above, your vehicle may collect and store other data relating to the maintenance, management, functioning and operation of the vehicle (including diagnostic information) and transmit that data to BMW and its related bodies corporate in Germany.

12.3 You further acknowledge that as telecommunications networks and computer servers are, by their nature, vulnerable to third party attack and interference, and while BMW takes all reasonable steps to protect personal information it holds from misuse, interference, loss or unauthorised access, modification or disclosure, it cannot guarantee that the Data will at all times be secure and accessible by or BMW.

12.4 You are responsible for obtaining all necessary consents (such as consents relating to the use and disclosure of other individuals' personal information and confidential information) that may be included in the Data. You indemnify BMW (and all its subsidiaries, employees and officers) and hold those indemnified harmless for any liabilities, costs, damages and expenses that BMW may suffer or incur (including without limitation loss of profits, loss of revenue or loss of business reputation) as a direct or indirect result of your failure to obtain all necessary consents.

13. Exclusion of warranties and Non-Excludable Obligations

13.1 The Australian Consumer Law (as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth)) may confer certain rights and remedies on you in relation to the provision by BMW of goods or services under these Terms. These Terms do not exclude, restrict or modify the application of any condition, warranty, guarantee, right or remedy conferred by or implied under any provision of the Australian Consumer Law or any other statute where to do so would:

(a) contravene the relevant statute; or

(b) cause any part of these Terms to be void and/or unenforceable, ("Non-Excludable Obligation").

13.2 Except in relation to Non-Excludable Obligations, all conditions, warranties, guarantees, rights, remedies, liabilities or other terms implied or conferred by statute, custom, or the general law that impose any liability or obligation on BMW are expressly excluded under these Terms, including those relating to the availability, continuity, reliability, accuracy, currency or security of the Services or any Content.

13.3 In relation to Non-Excludable Obligations (other than a guarantee as to title, encumbrances or quiet possession conferred by the Australian Consumer Law), except for goods or services of a kind ordinarily acquired for personal, domestic or household use or consumption (in respect of which BMW's liability is not so limited under these Terms), BMW's liability to you for a failure to comply with any Non-Excludable Obligation is limited to:

(a) in the case of services, the lowest of the cost of supplying the services again and payment of the cost of having the services supplied again; and

(b) in the case of goods, the lowest of the cost of replacing the goods, supplying equivalent goods or having the goods repaired, or payment of the cost of replacing the goods, supplying equivalent goods or having the goods repaired.

14. Liability

14.1 BMW has no liability for the accuracy and completeness 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, including without limitation, in the cases described in 2.5 and 2.6.

14.2 You acknowledge and agree that BMW makes no representations, warranties or guarantees in relation to the availability, continuity, reliability, accuracy, currency or security of the Services. BMW will not be liable if any information obtained using the Services is inaccurate, incomplete, outdated or incorrect (information may not be in real time), or if the Services are unavailable for any reason, including directly or indirectly as a result of:

(a) GPS, GSM, GPRS, geocoding or other telecommunications unavailability, interruption, delay, bottleneck, failure or fault;

(b) negligent, malicious or wilful acts or omissions of third parties (including BMW's third party service providers);

(c) maintenance or repairs carried out by BMW or its third party service providers in respect of any of the systems used in connection with the Services;

(d) any events beyond BMW's reasonable control; or

(e) services provided by third parties ceasing or becoming unavailable.

14.3 BMW shall not be liable for damages to the extent that these are based on the fact that you are 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).

14.4 EXCEPT FOR FRAUD OR FOR DEATH OR PERSONAL INJURY RESULTING DIRECTLY FROM BMW'S NEGLIGENCE AND SUBJECT TO PARAGRAPH 14.5, BMW LIMITS ITS LIABILITY (INCLUDING IN NEGLIGENCE) UNDER OR IN CONNECTION WITH THESE TERMS OR ANY SERVICESTO THE AMOUNT PAID BY YOU TO BMW FOR THE SERVICES IN THE 12 MONTHS PRECEDING THE DATE OF THE EVENT GIVING RISE TO THE CLAIM.

14.5 BMW excludes all liability (including liability for negligence) for loss of revenue, loss of goodwill, loss of customers, loss of capital, downtime costs, loss of profit, loss of or damage to reputation, loss under or in relation to any other contract, loss of data, loss of use of data, loss of anticipated savings or benefits, or any indirect, consequential or special loss, damage, cost or expense or other claims for consequential compensation, incurred by or awarded against you under or in any way connected with these Terms or the provision of the Services.

15. Indemnity

You indemnify BMW (and all its subsidiaries, employees and officers) and hold those indemnified harmless against all loss, actions, proceedings, cost and expenses (including legal fees), claims and damages arising from any claim by a third party arising directly or indirectly out of or in connection with your access to or use of the Services.

16. Changes to Terms

Without limiting in any way BMW's rights under paragraph 2.8, BMW may change these Terms at any time without notice to you. The current version of these Terms may be viewed, stored and printed out at the BMW Website or the Portal. If you do not agree with the changed Terms, you may terminate or deactivate the Services as set out in paragraph 6.

17. Place of jurisdiction and applicable law

All disputes arising out of or in connection with any Service or these Terms shall be subject to the laws of Victoria, Australia and the courts of Victoria, Australia shall have exclusive jurisdiction for all claims.

18. Entire agreement

These Terms (including the Documentation) comprise the entire agreement between BMW and you on its subject matter and supersedes any previous arrangements, agreements, representations, understandings or statements (whether verbal, in writing, or in some other format).