Effective January 1, 2016

Below for your convenience is a short summary of the Terms of Service set forth in this document. These highlights are not a substitute for the complete Terms of Service below, which constitute a legally binding agreement. Please review the full Terms of Service for details regarding your use of the Service.

By accepting the Terms of Service during our sign-up process or accessing or using the Service, you are indicating that you have read, understand, and agree to be bound by the Terms of Service set forth below.

These Terms of Service govern your use of the Audi connect services (“Service”) available with your Audi vehicle (your “Vehicle”). Certain services or offerings available through Audi connect are provided directly by third parties are governed by separate Terms of Service, for example, for WiFi hotspots, the Terms of Service of your selected wireless provider will govern. Your Vehicle contains hardware and software (“Equipment”) that enables you to receive the Service as part of the service plan (“Service Plan”) that is included for a period of 3 years with your Vehicle.

The Service is provided to you, the Vehicle owner or lessee (“you” or “your”) by Audi Australia Pty Ltd. (“AA”, “we” or “us”), certain third-party service providers (“Service Providers”), including providers of the wireless networks on which the Service relies (“Wireless Service Providers”) and content providers (“Content Providers”). Such Service Providers and Content Providers will together be referred to as “Service Partners.”

These Terms of Service set forth the agreement between you and Audi Australia (AA) with respect to the Service and are legally binding. When you accept the Terms of Service during our sign-up process or when you access or use the Service, you are indicating that you have read, understand, and agree to be bound by these Terms of Service. In addition, your use of the Service and the Audi connect website is subject to the AA Privacy Policy, and if you are registering a Key User, the Key User Agreement, which are incorporated by reference into these Terms of Service. A copy of the Privacy Policy is available on the Audi connect website. The parent, subsidiaries, and affiliates of Audi Australia, including but not limited to Volkswagen AG and Audi AG (together with AA, the “Audi Companies”) are third-party beneficiaries under these Terms of Service and the protections set forth in these Term of Service, including without limitation, the disclaimers of warranties and limitations of liability, shall extend to them.

In order to use the Service, you must agree to these Terms of Service. Once you accept these Terms of Service you are responsible for your own compliance with these Terms of Service and for compliance by occupants of your Vehicle and anyone using the Service or your account, whether or not authorized by you.

Although Audi connect services will be active in all vehicles, they will not be enabled until you register in the myAudi portal, either at your Audi Dealer or on your own.

However, the Audi connect Safety & Security services listed below are active and enabled prior to purchase or lease, do not require registration or activation and will be available for a limited period following delivery of the Vehicle:

We can change these Terms of Service; change, add or delete Services and Service Plans; and change the prices we charge for each Service Plan, at any time. Any change in prices for your Service Plan will not take effect until the current term of your Service Plan has expired. We will notify you of such change by email You can cancel the Service and these Terms of Service if you do not agree to the change, but if you do not notify us within 30 days after we give you notice of the change, then the change will become part of these Terms of Service.

If you wish to get the full benefit of your Service Plan, you must register for the Service. Until you register, the Service, excluding Audi connect Safety & Security features, will not be available. You will be asked to provide identification information as part of the registration process.

In order to use the full features of the Service you will be required to create a myAudi account at www.audi.com.au . When you create an account you must provide accurate and complete information; keep your account and password secure and not disclose them to anyone; and notify us immediately of any breach of security or unauthorized use of your Service or account using the contact information in Section 16 of these Terms of Service. You will be solely responsible for all activity in your account.

In addition, as the owner of an Audi vehicle, you can designate a primary vehicle user (“Key User”) to utilize certain Services and designate additional vehicle users. Acceptance of the Key User Agreement, which includes these Terms of Service, ensures that certain Services are available only to the appropriate vehicle users and requires completion of the Key User registration and verification process.

We can decide to either suspend or terminate the Service without warning, or issue a warning, at any time for any reason in our discretion, including for network or system maintenance, improvement, congestion, or failure or if we suspect your Service (in whole or in part) is being used for any unauthorized or inappropriate purpose, as a result of your breach of these Terms of Service or for reasons unrelated to you or your account with us. If suspension or termination of the Service occurs for any reason, you acknowledge and agree that you may not be able to access the Service, including the emergency services. In addition, if we are advised by your financing company or any Audi Company that you no longer own or lease your vehicle, we may terminate your Service, excluding services provided by a separate Service Provider and subject to a separate agreement (see Section 10).

Availability of the Service (including Audi connect Safety & Security) is subject to certain technologies remaining commercially available for the Service period (including technologies provided by Wireless Service Providers), and such availability is not guaranteed.

If we elect to terminate your Service (in whole or in part), you may not be entitled to any refunds or credits. The operation of this clause does not, however, in any way limit your rights under the Australian Consumer Law.

You may cancel the Service at any time by contacting one of our customer service representatives and notifying us that you want to cancel the Service. Subject to your rights under the Australian Consumer Law, you may not be permitted to a refund if you cancel the Service.

Subject to your rights under the Australian Consumer Law:

You cannot transfer the Service to another person or to another Vehicle without our prior consent.

You must notify us if you sell or transfer your Vehicle or end its lease. If you fail to notify us, you will remain responsible for all charges for any Service incurred in connection with such Vehicle. It is your responsibility to remove all data and content (including any personal information), if any, that you may have stored on your system before you sell or transfer your Vehicle, to the extent permitted by the Equipment. You must also notify the new owner if any services or features are active when you transfer the Vehicle, and you must disclose to the new owner that those services or features involve the collection, use and sharing of data as described in these Terms of Service and the Audi Australia Privacy Policy.

We may communicate with you about the Service by providing you with messages through the Equipment in your Vehicle. If you fail to notify us of a sale or transfer of your Vehicle or termination of your lease, we may continue to send messages to the Equipment in your Vehicle. We are not responsible for any privacy related damages you may suffer as a result of such a failure to notify us of a sale or transfer of your Vehicle.

We will only accept requests from you (or from someone we believe is you, or someone with your authorization, such as your authorized agent) to use, activate, cancel, change, reactivate, or transfer the Service. You agree that we can assume that anyone who provides your registration information is authorized to act on your behalf, and that we shall have no responsibility or liability for anything that may arise from our providing any services to, or acting upon instructions from any such individual, even if such individual is not, in fact, authorized by you to use the Service or your account. You should notify us immediately of any breach of security or unauthorized use of your Service or account using the contact information in Section 16 of these Terms of Service.

The Service is provided to you as a convenience. The Service does not constitute insurance and you should not rely on it to limit the potential for loss, theft or damage to your Vehicle or property. You are solely responsible for obtaining and maintaining any and all insurance for your Vehicle, your passengers and your property. No insurance company or insurer will be entitled to any right of subrogation against us or our Service Partners.

In order for us to provide the Service, the Equipment in your Vehicle must be in good working order and your Vehicle must have a working electrical system and adequate battery power. The Service may not work if you try to modify the Equipment or add any equipment or software in or to your Vehicle that is not expressly authorized by us or is not compatible with the Equipment or Service. You may need to adjust your use of other Vehicle features, such as adjusting the volume of your radio to hear the audio portions of the Service. You are solely responsible for the proper maintenance of your Vehicle and its systems (including the Equipment) and for keeping them in good working order and in compliance with these Terms of Service and all applicable laws.

You may not use the Equipment, the Service, or the Audi connect website, in any way that is illegal, fraudulent or abusive, including to harass, threaten, abuse, defame, or slander, any individual or entity. You may use our emergency services, including Audi connect Safety & Security, only for actual emergencies and legitimate vehicle assistance needs. You may not use the Service in a manner that interferes with any other customer’s use of our Service or our provision of our Service to our other customers. You agree you will not abuse or do anything to damage our or any of our Service Partners’ respective business, operations, services, reputation, employees, equipment, property or facilities. You further agree that you will not harass, threaten or use vulgar and/or inappropriate language towards any customer service representatives.

The Service, including the messages, data, information, content, or other material provided as part of the Service, are provided only for your non-commercial use, and not for re-sale. Certain information you receive through the Service belongs to us or our Service Partners (or other third parties) and may be subject to one or more copyrights, trademarks, service marks, patents, or other legal protections. You may not (and may not permit or cause any other party to) sell or resell or otherwise use the Service or any information provided through the Service for commercial purposes, nor may you reproduce, copy, modify, attempt to reverse engineer, make derivative works from or otherwise display or distribute information provided through the Service.

You have no property right in any number address or other communication identifier that may be assigned to you or to the Equipment in connection with the Service. Any such number, address or identifier may be changed from time to time.

You have no property right in any number address or other communication identifier that may be assigned to you or to the Equipment in connection with the Service. Any such number, address or identifier may be changed from time to time.You are solely responsible for those who use the Service in your Vehicle or use your authentication information, even if you later claim the use was not authorized, and you will be responsible and promptly pay for any charges arising from such use, and any damages to or expenses incurred by us or any of our Service Partners as a result of such use. Neither we nor any Service Partner has any obligation to inquire about the authority of anyone using your Vehicle or other information that can be used to identify your account to request the Service for your Vehicle. You are responsible for the security of any passwords you use to access the Service. We will make any changes to your account or charge you for any amounts authorized by a person who provides your authentication information.

If your Vehicle is stolen, we can try to help locate it after we receive satisfactory identification and confirmation from the police that the Vehicle has been stolen. We generally only provide location information about stolen vehicles to the police. However, in cases of crises or emergencies, we may, in our sole discretion, provide you with information about the general area of your Vehicle without police involvement. Neither we nor our Service Partners have any obligation to continue our attempts to locate your Vehicle after thirty (30) days from the time it is first reported stolen or lost to us, and we can’t guarantee that we will be able to find it. We do not have any obligation to try to find your Vehicle outside of a Vehicle theft situation, such as trying to locate an individual for you. If your Service Plan provides you with the ability to locate your Vehicle, such as by using a mobile application, in no case should you use this feature to try to locate a stolen vehicle. Such efforts are for appropriate law enforcement agencies.

To enable you to continue to receive the benefits of the Service in the event your Vehicle is recovered, we do not terminate the Service when you report that your Vehicle is stolen, and we will not terminate the Service unless and until we get express instructions from you.

We will use reasonable efforts to contact appropriate emergency personnel, such as police, fire department or emergency responders, for assistance when you request it or when the Equipment in your Vehicle signals for it, but we cannot guarantee that any such Service Partners will respond in a timely manner or at all. We will assume an emergency exists if we receive a crash notification signal from your Vehicle, such as a signal that your air bags have deployed. If applicable laws require an emergency to be confirmed before emergency personnel provide service, we will not contact emergency personnel in these areas until we hear your request for assistance or otherwise confirm that an emergency exists. TO THE EXTENT PERMITTED BY LAW YOU EXPRESSLY RELEASE US AND OUR SERVICE PARTNERS FROM ALL LIABILITIES AND LOSSES (INCLUDING PHYSICAL INJURY AND DEATH) THAT YOU OR OTHERS MAY SUFFER IN AN EMERGENCY SITUATION, INCLUDING IN THE EVENT OF OUR FAILURE TO CONTACT APPROPRIATE EMERGENCY PERSONNEL.

We work with many different companies, individuals, and government entities to provide you with the Service. These Service Partners include, for example and without limitation, telecommunications providers, Wireless Service Providers, public safety operators, emergency personnel, towing companies, vehicle distributors and dealers, equipment and software manufacturers, licensors, Content Providers, and any parties who provide any service, equipment, content, feature or facilities in connection with the Service. These parties are collectively referred to in these Terms of Service as our “Service Partners.” In some cases, one or more of the Audi Companies may be a Service Partner. In the event any of our Service Partners impose additional terms and conditions on the services they provide, by accessing such services you agree to comply with any additional terms and conditions imposed by them, which will be available on the Audi connect website.

Certain Audi connect services, available on vehicles equipped with the Service will be provided through third-parties, such as WiFi hotspot services. If a service is provided directly by a third party, it may require an active service agreement with the third party and will be subject to the third party’s separate terms and conditions. With respect to Content Providers, a separate service agreement may not be required, however, you should review their respective Terms of Service and Privacy Policy to understand how they will use and share your information.

The Service generally works using wireless communication networks of our Wireless Service Providers and the Global Positioning System (“GPS”) satellite network. The Equipment in your Vehicle receives GPS signals and communicates with our response centers through the use of wireless and landline communications networks. The location of your Vehicle, particularly in remote or enclosed areas, may affect the availability and quality of the Service that we are able to provide to you. Some or all of the Service may not be available in all areas and may only be available if your Vehicle is in a geographic area covered by the service network footprint (and within operating range) of one of our Wireless Service Providers and is able to receive GPS signals. Service is currently only available in Hong Kong.

We use software in connection with the Service. We (or our Service Partners) own or have rights to all such software and you do not acquire any rights in such software other than the right to use such software as reasonably necessary for you to use the Service as permitted in your Service Plan and these Terms of Service. We (or our Service Partners) may update or modify the software contained in your Vehicle’s systems or the Equipment from time to time, and we may do this remotely without notifying you or seeking your consent. These software updates and modifications may affect or erase data that you have previously stored on the Equipment in your Vehicle (such as specific route or destination information). We are not responsible for any lost or erased (or otherwise affected) data and you are solely responsible for the data that you may have downloaded, uploaded, transmitted or otherwise stored from, to, on or through the Equipment or Service.

Voice recognition software, which may be able to recognize different voices, accents, speech patterns and words, may be used in connection with the Service. We do not represent or guarantee that such software will recognize or work with your or other voices, accents or speech patterns, or recognize some or all words, some or all of the time.

Various conditions beyond our control may prevent or delay us from providing the Service to you, or affect the quality of the Service. Some examples are atmospheric, geographic, or topographic conditions (such as tall buildings, hills or tunnels), damage to or failure to maintain your Vehicle or the Equipment in good working order, government laws, rules or regulations, failure, congestion or outages of utility or wireless networks (including interruption of cellular service), war, act of God, natural disaster, inclement weather, and labor strikes. In the event of any of the foregoing, we may, in our discretion and to the extent permitted by law, suspend or terminate the Service (in whole or in part) or terminate your Service Plan, without notice to you and without any liability. To the extent permitted by law we are not responsible for delay or failure in providing Service due to conditions beyond our control and you are not entitled to credit or refund as a result of any such delay or failure.

In the event of any regulatory, governmental or other legally-compelled changes, or discontinuation or change of necessary telecommunications systems and services (e.g., if our Wireless Service Provider terminates or restricts wireless services of the type used by your Vehicle’s Equipment), you are solely responsible for replacing, as well as the cost of replacing, any Equipment that is necessitated as a result of such change or discontinuation unless either of the following apply:

• such change occurs during your Vehicle’s base warranty period, in which case you will still be responsible for the cost of such replacement, and we will be responsible for obtaining and providing you with the necessary replacement materials (if applicable); or
• we otherwise notify you in writing.

In the course of providing the Service, we will collect, process, store, disclose and use your personal information and other data transmitted by you (“Data”). In addition, 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 other Audi Companies and / or our Service Partners.

For information on our data collection and use practices, please refer to the Audi Australia Privacy Policy available https://www.audi.com.au/au/web/en/privacy_policy.html which is incorporated herein by reference and explains how the Customer can access and request correction of any personal information the Provider holds about it and contains information about making a privacy complaint. To the extent that your Data is disclosed to other Audi Companies and / or our Service Partners they will collect, process, store, disclose and use such Data only within the scope of the statutory provisions and in accordance with their respective privacy policies.

You acknowledge and agree that:

• your Data may be transmitted, stored, processed, used, reproduced, distributed and disclosed in accordance with the functionality and for the purposes of the Service, and may be disclosed to and collected by the Audi Companies and / or our Service Partners for purposes including quality assurance, Service support, the processing and storing of your Data and emergency assistance;

• the Service includes interconnection of your Vehicle with internet portals and apps. In order to deliver the Service, information such as vehicle condition information will be transmitted from your vehicle to the Audi Companies and / or our Service Partners;

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

The only warranties applicable to the Equipment in your Vehicle and the Service are those extended as part of your purchase or lease of your Vehicle and those available to you under the Australian Consumer Law.

BY ENTERING INTO THESE TERMS OF SERVICE OR BY USING THE EQUIPMENT OR SERVICE, YOU ARE PROVIDING YOUR EXPRESS CONSENT TO VARIOUS ACTIONS TO BE TAKEN BY US, AUDI COMPANIES AND OUR SERVICE PARTNERS (AS DESCRIBED HEREIN).

To the extent permitted by law, neither we, nor any Audi Company nor our Service Partners assume any risk or responsibility for your use of the Service, or any of the information or other content provided as part of the Service. You acknowledge and agree that, to the extent permitted by law, neither we, any Audi Company, nor any of our Service Partners are liable for dropped calls or interrupted service, or for problems caused by or contributed to by you, by any third-party, by buildings, hills, tunnels, network congestion, atmospheric conditions, acts of God or natural disaster or by any other conditions or circumstances out of our control (as further described above in Section 10(e) of these Terms of Service).

In addition, and to the extent permitted by law, neither we, any Audi Company nor our Service Partners are liable (1) for our inability to contact any Service Partner or other party in any particular situation (including any emergency personnel), (2) for any act or omission of any other company furnishing a part of our Service or any equipment provided for such Service, (3) for errors or omissions of any vendors, dealers or manufacturers participating in offers made through us, or (4) for any damages that result from or arise out of the use, installation, repair or maintenance by you (or by any person you authorize) of the Equipment or Service, or any product or service provided by or manufactured by third parties.

IF WE, ANY AUDI COMPANY AND/OR ANY OF OUR SERVICE PARTNERS ARE FOUND TO BE LIABLE TO YOU FOR ANY REASON, YOU AGREE THAT, TO THE EXTENT PERMITTED BY LAW, THE MAXIMUM, AGGREGATE LIABILITY OF US, ANY AUDI COMPANY AND OUR SERVICE PARTNERS TO YOU, AND YOUR EXCLUSIVE REMEDY UNDER ANY THEORY OR FOR ANY CAUSE WHATSOEVER (INCLUDING BUT NOT LIMITED TO ANY FAILURE OR DISRUPTION OF SERVICE PROVIDED UNDER THESE TERMS OF SERVICE, FRAUD, MISREPRESENTATION, BREACH OF CONTRACT, PERSONAL INJURY, OR PRODUCTS LIABILITY), SHALL BE LIMITED TO AN AMOUNT EQUAL TO THE PORTION OF THE SERVICE RATES CHARGED TO YOU FOR THE SERVICES THAT ARE THE SUBJECT OF THE CLAIM FOR THE PERIOD OF SERVICE DURING WHICH ANY RESULTING DAMAGES OCCURRED. YOU ACKNOWLEDGE AND AGREE THAT NEITHER WE, NOR ANY AUDI COMPANY, NOR ANY SERVICE PARTNER WOULD HAVE AGREED TO PROVIDE THE SERVICE OR EQUIPMENT TO YOU WITHOUT YOUR AGREEMENT TO THIS LIMITATION. TO THE EXTENT PERMITTED BY LAW, YOU FURTHER ACKNOWLEDGE AND AGREE THAT THE DAMAGES CAP SET FORTH IN THIS PARAGRAPH SHALL BE THE SOLE AND EXCLUSIVE LIABILITY OF US, ANY AUDI COMPANY AND OUR SERVICE PARTNERS TO YOU.

TO THE EXTENT PERMITTED BY LAW, WE, ANY AUDI COMPANY OR OUR SERVICE PARTNERS SHALL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR, AND YOU CANNOT RECOVER ANY, (A) PUNITIVE, EXEMPLARY, TREBLE, CONSEQUENTIAL, INDIRECT, OR SPECIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUE (REGARDLESS OF WHETHER WE, ANY AUDI COMPANY OR OUR SERVICE PARTNERS HAVE BEEN NOTIFIED THAT SUCH LOSS MAY OCCUR); OR (B) ATTORNEY'S FEES. YOU AGREE NOT TO MAKE, AND TO WAIVE TO THE FULLEST EXTENT ALLOWED BY LAW, ANY CLAIM FOR DAMAGES OTHER THAN DIRECT, COMPENSATORY DAMAGES AS LIMITED ABOVE. You understand and agree that the Audi Companies and our other Service Partners, including without limitation the Wireless Service Providers, shall have no legal, equitable, or other liability of any kind to you in any event, regardless of the form of the action, whether for breach of contract, warranty, negligence, strict liability in tort or otherwise relating to or arising from the Service and, to the extent permitted by law, you waive any and all such claims or demands. To the extent permitted by law, if any Audi Company or any of our other Service Partners is involved in any problem, you also agree to any limitations of liability that such entity imposes on its customers.

To the extent permitted by law you agree to indemnify and hold harmless us, each Audi Company and each of our Service Partners, including Wireless Service Providers, and each of our or their respective affiliates, officers, directors, agents, partners and employees, from and against any and all liabilities, settlements, penalties, claims, causes of action, and demands (including any costs, expenses, or attorneys’ fees on account thereof) (collectively “Claims”) irrespective of the nature of the cause of such Claims, alleging loss, costs, expenses, damages or injuries (including without limitation Claims for libel, slander, or any property damage, personal injury or death), arising in any way, directly or indirectly, in connection with your (or any occupant of your Vehicle) violation of these Terms of Service or your (or any occupant of your Vehicle) alteration, use counter to instructions, misuse or failure to use the Service or Equipment.

You agree that the limitations of liability and indemnities in these Terms of Service will survive even after your Service Plan has ended and your Service has terminated. These limitations of liability apply not only to you, but to anyone using your Vehicle, the Equipment or the Service, to anyone making a claim on your behalf, and to any claims made by your family, employees, customers, or others arising out of or relating to any Service we or our Service Partners provide or the Equipment.

TO THE EXTENT PERMITTED BY LAW, AND WITHOUT LIMITATION OF THE GENERALITY OF THE FOREGOING, YOU FURTHER AGREE TO RELEASE US, EACH AUDI COMPANY AND EACH SERVICE PARTNER FROM ALL CLAIMS, LIABILITIES AND LOSSES IN CONNECTION WITH THE SERVICE AND/OR EQUIPMENT, INCLUDING, BUT NOT LIMITED TO CLAIMS FOR DATA COMPROMISE, PERSONAL INJURY OR PROPERTY DAMAGE ARISING FROM THE TOTAL OR PARTIAL FAILURE OF PERFORMANCE OF THE SERVICE. YOU AGREE THAT THIS RELEASE EXTENDS TO ANY PARTY CLAIMING UNDER YOU AND THAT NO INSURANCE COMPANY WILL HAVE ANY RIGHT OF SUBROGATION.

All disputes arising out of or in connection with any Service or these Terms of Service are governed by the laws in force in New South Wales, Australia and the courts of that State have jurisdiction for all claims.

You may notify us by postal mail (Audi Australia Pty Ltd, Locked Bag 5333, Botany NSW 1455 Australia), phone at 1300 557 405 , or by electronic means (via the Audi connect website by emailing Audi at customerassistance@audi-info.com.au). Such notices will be considered effective after we receive them.

Any notice we send you will be sent to your last known residence or electronic mail address as shown on our records. It is your sole responsibility to ensure that we have the most up-to-date and accurate contact information for you at all times. Any written notice from us will be considered given when we send it by email to the email address you have provided to us that is then in our records, or two days after we mail it to you at the most current billing address we have on file for you. Any oral notices will be considered given when we call you or when you call us at 1300 557 405, or you speak with a live customer service representative.

Calls with our customer service representatives, emergency personnel, or the police may be monitored or recorded for quality assurance, issue resolution, maintaining service, training, or promoting or providing services. Our and our Service Partners’ customer service representatives may remain on the line while conferencing in a third-party to assist in completing a service request. You (for yourself and your Vehicle’s occupants and anyone else acting or using the Service on your behalf): (1) expressly consent to the monitoring and recording activities described herein, and (2) release us and our Service Partners from claims, liabilities, and losses resulting in connection with any such monitored and/or recorded communications.