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

 These general terms and conditions of use and purchase (hereinafter referred to as “Terms of Use and Purchase”) of Volkswagen Group Australia Pty Ltd trading as Audi Australia(hereinafter referred to as “Audi”) apply to the purchase, activation and use of digital entertainment, information and auxiliary services (hereinafter referred to as “Audi Connect Services”) and hardware and software functions that can be enabled remotely (hereinafter referred to as “Functions on Demand”) (Audi Connect Services and Functions on Demand together are hereinafter referred to as “Audi Connect Products and Services”).

Part A governs the general terms and conditions of use for Audi Connect Products and Services. Part B.1 governs additional conditions for purchases of Audi Connect Products and Services as part of a vehicle purchase and Part B.2 governs additional conditions for purchases of Audi Connect Products and Services in the Audi Functions Store (alternatively “myAudi Shop”). Part C contains special conditions of use for certain Audi Connect Products and Services.

The provisions under Part C.3 for the use of the Audi applications store in the vehicle apply directly between AUDI AG, Auto-Union-Strasse 1, 85045 Ingolstadt (hereinafter referred to as “AUDI AG” or the “Manufacturer”) and the User.

PART A ‒ GENERAL TERMS AND CONDITIONS FOR AUDI CONNECT PRODUCTS AND SERVICES.

PART B .1 – ADDITIONAL CONDITIONS FOR PURCHASES OF AUDI CONNECT PRODUCTS AND SERVICES AS PART OF A VEHICLE PURCHASE.

PART B .2 – ADDITIONAL CONDITIONS FOR PURCHASES IN THE MYAUDI SHOP.

PART C .1 ‒ SPECIAL CONDITIONS FOR AUDI CONNECT SERVICES (AS A PRODUCT LINE OF AUDI CONNECT PRODUCTS AND SERVICES).

PART C .2 – SPECIAL CONDITIONS FOR FUNCTIONS ON DEMAND.

PART C .3 – SPECIAL CONDITIONS BETWEEN AUDI AG AND THE USER FOR THE AUDI APPLICATION STORE.

PART A ‒ GENERAL TERMS AND CONDITIONS FOR AUDI CONNECT PRODUCTS AND SERVICES.

1. Scope and definitions

1.1 These Terms of Use and Purchase apply to the purchase, activation and use of Audi Connect Products and Services.

1.2 In the event of inconsistency between the general terms and conditions (Part A) and the special conditions of use (Part B or Part C) or information in the product description, the special conditions of use or the product description will prevail..

 1.3 “Audi Partner” is the authorised Audi dealer which sells the Audi vehicle to the owner or an authorised Audi service partner.

 1.4 “Vehicle Users” are individuals who, while not being Users, use a vehicle’s Audi Connect Products and Services, such as a passenger or someone granted permission by a User or owner to use the vehicle.

1.5 “Key Users” are Users who have registered with myAudi and linked their account to the vehicle using the vehicle code. Only one Key User may be registered per vehicle at any one time. Key Users have access to the full range of functions of the Audi Functions Store and the Audi Connect Products and Services purchased provided the vehicle supports these functions.

1.6 “Secondary Users” are Users who have registered with myAudi and been enabled as a Secondary User of the vehicle in myAudi by the Key User. The Audi Connect Products and Services that Secondary Users may purchase depend on the scope of the rights granted to them by the Key Users.

1.7 “User” is any individual or legal entity that has agreed to the application of these Terms of Use and Purchase. Features and functionalities; tie to vehicle

2. Features and functionalities; tie to vehicle

2.1 The features and functionalities included in the Audi Connect Products and Services can be found in the relevant product description. Users will receive the product description and any special conditions of use either (i) as part of the purchase of a new vehicle from an Audi Partner; or (ii) when purchasing from the Audi Functions Store.

2.2 Audi Connect Products and Services are tied to a specific vehicle. They cannot be transferred from one vehicle to another vehicle or used in another vehicle, whether as an alternative or an additional feature. In the event of a sale or permanent transfer of the vehicle to a third party, clause 9 will apply.

3. System requirements for the activation and use of Audi Connect Products and Services

3.1 An active Internet connection is required to activate Audi Connect Products and Services and use certain Audi Connect Products and Services. This requires the SIM card installed in the vehicle Multi-Media Interface (MMI) to be active. Some Audi Connect Products and Services also require a connection to the Global Navigation Satellite System (GNSS). The activation and, where applicable, use of Audi Connect Products and Services is thus only possible within the reception and transmission range of a network operator and can be affected by disruptions in the mobile network required for the SIM card connection, atmospheric conditions, topographical conditions, the position of the vehicle, satellite interference (e.g. buildings or tunnels) or the manual deactivation of the SIM card. Audi is not responsible for any transmission errors, changes to or the discontinuation of the necessary telecommunications systems and services including without limitation any evolution, upgrade, replacement, or decommissioning of mobile telecommunications technologies or standards.

3.2 Details on the availability, description, any usage requirements or restrictions, duration, price and payment terms of Audi Connect Products and Services are specified in the relevant product descriptions and any special conditions of use provided by Audi for Audi Connect Products and Services.

4. Designation as Key User or Secondary User

4.1 Certain Audi Connect Products and Services are only available for purchase by Key Users and/or Secondary Users. To be designated as a Key User or Secondary User, registration in myAudi and the creation of a myAudi account are required, along with verification and designation as a Key User or Secondary User for the vehicle.

4.2 Designation as a Key User or Secondary User alone (i.e. without purchasing Audi Connect Products and Services) does not create any obligation for acceptance or payment by the User.

4.3 A User may only register as a Key User of the vehicle if the User is the owner of the vehicle or has been authorised by the owner to do so. The User warrants that it has provided accurate and truthful information during Audi’s verification process and will correct the User’s profile data in myAudi without delay if there are any changes. Required information is marked as such during the verification process.

4.4 The User warrants that the owner consents to each purchase made and agrees to indemnify Audi against any claims by the owner and associated costs that the owner may assert against Audi if the owner does not consent to the User’s purchase. The obligation to indemnify applies only if the User is at fault.

4.5 Key Users may delete their Key User status for each vehicle assigned to them as a Key User, either within the vehicle itself (as explained in the MMI and owner’s manual) or in myAudi. Key User status may be restored in accordance with the explanations in the vehicle manual.

5. Term and termination

5.1 Audi Connect Products and Services are available (i) with either an unlimited term or (ii) a limited term. The term of the Audi Connect Products and Services (period of availability) is set out in the relevant product description and the special conditions in Part C.

5.2 The term for Audi Connect Products and Services begins (i) for purchases of Audi Connect Products and Services made as part of a new vehicle purchase, upon vehicle delivery or (ii) for purchases through Audi Functions Stores, upon activation.

5.3 For Audi Connect Products and Services with an unlimited term, Audi provides Users with ongoing access to the services.

5.4 In the case of Audi Connect Products and Services with a limited term, the right to use them ends when the agreed contract or subscription term expires.

5.5 The User has the right to terminate individual Audi Connect Products and Services or all Audi Connect Products and Services for convenience.

5.6 Audi may terminate individual Audi Connect Products and Services, or all Audi Connect Products and Services where:

(a) the User is in material breach of these Terms of Use and Purchase;

(b) the Audi Connect Products and Services are misused or used unlawfully; 

(c) Audi and/or Audi AG is required to do so to comply with an applicable law or regulatory requirements; or

(d) the Audi Connect Products and Services can no longer be reasonably provided due to technical, operational or network-related reasons outside Audi’s control.

 6. Availability and services from third-party providers

Certain Audi Connect Products and Services rely on services or data provided by third parties (e.g. weather and map data). The involvement of third-party providers is noted in the product description. Audi cannot guarantee the constant availability, accuracy or completeness of this data from third-party providers, even if it is transmitted via Audi Connect Products and Services. The User agrees to indemnify Audi with respect to any and all claims arising from the provision of Audi Connect Products and Services to the extent that it relies on services and data provided by third-parties.

7. Usage limits and suspension

7.1 Users are prohibited from using Audi Connect Products and Services for illegal purposes or allowing Vehicle Users or third parties to do so. Modifying, editing, decompiling or reproducing the software provided as part of the use of Audi Connect Products and Services is strictly prohibited without the prior written authorisation or consent of Audi AG. This restriction also applies to hardware contained in vehicles.

7.2 Audi is entitled to (temporarily) suspend a User’s Audi Connect Products and Services if (i) they are used for illegal or improper purposes; (ii) there are security issues; (iii) there is a threat of occurrence of any circumstances listed under (i) or (ii); or (iv) the User is in default on payment obligations for their subscription-based Audi Connect product or service.

7.3 Audi is also entitled to suspend a User’s access to future Audi Connect Products and Services, including related products, software or technologies, as well as any Audi Connect Products and Services, including related products, software or technologies, already acquired and/or subject to registration based on applicable export control and sanctions regulations pursuant to clause 17 of Part A. Any payment obligations of the User for using Audi Connect Products and Services remain unaffected by the suspension, unless the User is not responsible for the reasons for the suspension.

7.4 Audi will inform the User in an appropriate manner before suspending their access. Audi or the Manufacturer may remotely access the vehicle and transmit a corresponding control command to the software in order to suspend access. Other vehicle functions, the mandatory emergency call system eCall and other Audi Connect Products and Services will remain unaffected and available to the User.

8. Use by third parties

8.1 Audi offers its Connect Products and Services exclusively to Users. If a User enables a Vehicle User to use Audi Connect Products and Services, the User must inform the Vehicle User about activated Audi Connect Products and Services, their content, applicable Terms of Use and Purchase and the Privacy Policy; the User must ensure that Vehicle Users comply with these terms and conditions. In particular, Users must inform Vehicle Users about the specific dangers and risks associated with Audi Connect Products and Services (especially in accordance with the information in the Owner’s manual) and any restrictions on use.

8.2 If a User allows a Vehicle User to use Audi Connect Products and Services without adequate information as required by this clause 8, the User must indemnify Audi and the Manufacturer against any claims asserted against Audi or the Manufacturer due to insufficient information provided to the Vehicle User. Where third-party rights or legal interests are infringed by a Vehicle User (e.g. through illegal or improper use of Audi Connect Products and Services), the User must indemnify Audi and the Manufacturer against any claims by third parties and associated costs, especially if no information or inadequate information was provided pursuant to this clause 8. The obligation to indemnify applies only if the User is at fault.

9. Obligations if User permanently discontinues use of the vehicle

9.1 If a User permanently discontinues their use of a vehicle, they must ensure that they comply with the obligations under this clause 9. If the vehicle is transferred to another person after use of the vehicle is permanently discontinued, this person will be referred to as the “Vehicle Recipient”. A “permanent discontinuation of use” includes, but is not limited to:

(i) disposal (in particular sale) of the vehicle;

(ii) return of a vehicle temporarily provided to the User (e.g. leased vehicles and company cars) to the owner or lessor; or

(iii) decommissioning of the vehicle.

9.2 Before permanently discontinuing use of the vehicle and delivering it to the Vehicle Recipient, the User must delete their Key User or Secondary User status stored in the vehicle. If they fail to do so and the Vehicle Recipient can verify their identity to Audi as the Key User, then Audi or the Manufacturer will be entitled to delete the previous Key User and Secondary Users, without prejudice to other rights.

9.3 The User must inform the Vehicle Recipient about any Audi Connect Products and Services purchased, their (remaining) duration and the applicable Terms of Use and Purchase. In addition, the User must provide the Vehicle Recipient with the vehicle code. Any payments already made by the User will not be refunded by Audi, not even partially.

9.4 Users should ensure that all personal data stored in the vehicle is deleted prior to handover with the Vehicle Recipient.

10. Cyber security

10.1 Audi strongly recommends that Users take all available measures (e.g. device password, graphic pattern recognition or PIN) to protect the vehicle and the devices (mobile phone or computer) they use for accessing Audi Connect Products and Services from misuse or unauthorised access by third parties.

10.2 Audi is both entitled and obliged to take appropriate measures to protect against threats from cyber attacks on vehicle and road safety, life, health, the right to informational self-determination (privacy), property, assets and other legal interests of the User, owner or registered keeper of the vehicle, third parties or Audi itself. These measures may lead to restrictions on Audi Connect Products and Services and/or the data connection. Depending on the severity of the threat and/or the importance of the legal interests threatened, a complete or partial suspension of Audi Connect Products and Services and an interruption of the data connection may be necessary. In such cases, using Audi Connect Products and Services may become restricted until such time that the threat of any cyber-security vulnerability is availed. Audi reserves the right to restrict and/or suspend Audi Connect Products and Services only to the extent reasonably required to address the relevant cyber-security threat or vulnerability and will restore access as soon as reasonably practicable.

10.3 To implement the above measures or restore full availability of Audi Connect Products and Services or the data connection, Audi may provide Users with a free software update for the vehicle via the mobile online service “Software update”/“System update online”. Customers can also have the software update performed by an Audi Partner. Restoring (full) availability of Audi Connect Products and Services may also require additional actions by the owner or User (e.g. changing the PIN or password of their myAudi account).

10.4 The User is responsible for keeping all vehicle access credentials, including vehicle keys, vehicle codes and other confidential information, secure and confidential.

10.5 If such confidential information is disclosed to or obtained by a third party, that third party may be able to access the vehicle, delete the existing Key User status, register themselves as a Key User and exercise all Key User privileges, including use of the Audi Connect Products and Services, and modification of the vehicle functions.

10.6 Any unauthorised access, use, damage, safety risk or consequence arising from the User’s failure to protect such confidential information are the responsibility of the User. Audi and the Manufacturer are not responsible for any loss, damage, or harm resulting from such unauthorised access.

11. Warranties

11.1 The Audi Connect Products and Services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:

• to cancel the Terms of Use and Purchase with us; and

• to a refund for the unused portion, or to compensation for its reduced value.

12. You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.Updates and upgrades

12.1 Audi provides updates for Audi Connect Products and Services as required by law to maintain contractual compliance (updates). In addition, Audi reserves the right to offer Users free or paid updates that add or expand existing functions (upgrades).

12.2 Audi or the Manufacturer has the right to read information stored in the vehicle to determine which software is installed and whether updates or upgrades are available in order to comply with its obligations in these Terms of Use and Purchase. If an update or upgrade is available, Audi or the Manufacturer will upload the necessary information to the vehicle to prepare for installation.

12.3 Audi will inform Users about the content of each update and request their consent to the installation. Updates and upgrade will only be installed after consent from the User. Clause 13 remains unaffected by this.

13. Changes

13.1 Audi reserves the right to make changes to Audi Connect Products and Services where there is a valid reason for doing so provided the change does not result in any additional costs for the User. A valid reason includes, but is not limited to, adapting to legal requirements, new technologies or technical environments, changes in User numbers or end devices and the current state of development of Audi Connect Products and Services so as to avoid having to operate different development environments. Audi will notify Users clearly and understandably via an electronic communication channel about any changes affecting their User account.

13.2 If a change materially disadvantages access to or usability of Audi Connect Products and Services, Audi will give Users reasonable advance notice of this before making the change. If Audi also does not offer Users the possibility to continue using their unchanged Audi Connect Products and Services in such cases, Users will be entitled to terminate their contract for these Audi Connect Products and Services within thirty (30) days of receiving the notification or, if the change occurs after the notification, within thirty (30) days of the change.

14. Liability

14.1 Audi does not provide any express warranties with regard to Audi Connect Products and Services. Unless expressly designated as such by Audi, the information contained in the product description does not constitute an express warranty as to the qualities and characteristics of the Audi Connect Products and Services. If the Audi Connect Products and Services have any defects at the time the contract was concluded, any liability not involving fault on Audi’s part will be excluded.

15. Orders, User Errors and Change of Mind

15.1 The User is responsible for ensuring that all details provided when placing an order, including product selection, vehicle details, compatibility, configuration, and personal information, are accurate and complete.

15.2 Audi is not liable for any loss, delay, cost, or inconvenience arising from an order placed incorrectly by the User, including where incorrect or incomplete information is provided.

15.3 Change-of-mind cancellations, returns or refunds are not permitted once an order has been placed, except where required by applicable consumer law.

15.1 To the extent permitted by applicable law, Audi will be liable for loss or damage caused by its fraud, wilful misconduct, or gross negligence.

15.2 Audi will also be liable for death or personal injury to the extent caused by Audi’s negligent act or omission, breach of a statutory obligation, or breach of these Terms of Use and Purchase.

15.3 Subject to the foregoing, Audi will be liable for direct loss or damage (to the exclusion of consequential loss) arising from a breach of these Terms of Use and Purchase where such breach relates to a material obligation that is fundamental to the proper performance of the contract and on which the User may reasonably rely.

15.4 In all other cases, and to the extent permitted by applicable law, Audi’s liability for loss or damage arising from negligence or breach of these Terms of Use and Purchase is limited to the cost of supply of the Audi Connect Products and Services to the User under the applicable contract.

15.5 Nothing in these Terms of Use and Purchase excludes, restricts, or modifies any rights or remedies that cannot be excluded under the Australian Consumer Law or other applicable consumer protection la

16. Data use and processing, data privacy

Audi will process the personal data transmitted by Users or collected by Audi during the purchase and use of Audi Connect Products and Services, including registration as a Key User or Secondary User pursuant to clause 4, and the performance of the relevant contract, only within the framework of the statutory provisions (especially for contract fulfilment) or based on valid consent, as described in the Privacy Policy (which can be viewed here: https://document.cdn.acp.cloud.audi/3264ea65-dcda-4a38-91f6-eb1b64b19931.pdf

17. Privacy mode

17.1 The privacy mode function allows Users to restrict data communication via the vehicle’s internal SIM card partially or entirely. For this purpose, Users can deactivate/activate 919 the data processing displayed in the vehicle’s privacy settings for each group. Depending on the vehicle’s equipment and country, Key Users can deactivate/activate individual services for all Vehicle Users via the myAudi app.

17.2 Not all vehicles (especially older models) are equipped with privacy mode functionality. Activating privacy mode may not deactivate all data transmissions, as safety-relevant services are excluded from deactivation via privacy mode. Details are available in the Privacy Policy, which can be viewed here: https://document.cdn.acp.cloud.audi/3264ea65-dcda-4a38-91f6-eb1b64b19931.pdf

18. Export controls

18.1 Audi’s delivery and execution of services in connection with Audi Connect Products and Services, including related products, software and technology, are dependent on the absence of any barriers due to national and/or international foreign trade laws, and the absence of embargoes and/or other sanctions. Users of Audi Connect Products and Services agree to comply with all applicable foreign trade laws and export controls, including (without limitation) as determined relevant by the Manufacturer. In addition to national foreign trade laws and EU export controls, this also applies to extraterritorial export controls and sanctions by the USA and other countries, insofar as compliance with them is permissible under EU law and they constitute controls and sanctions that align with those imposed by the United Nations, the European Union or the Federal Republic of Germany.

18.2 Users are also responsible for complying with their own local laws regarding imports, exports, re-exports and domestic transfers of Audi Connect Products and Services and related products, software and technology.

18.3 Users may purchase and use Audi Connect Products and Services solely for civilian purposes. Any paramilitary, military, armaments, nuclear, chemical, biological, missile or weapons-related use is strictly prohibited.

18.4 Users must 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 laws. If Audi believes that this is not the case, it will be entitled to suspend access to future Audi Connect Products and Services as well as any Audi Connect Products and Services already acquired and/or subject to registration and to terminate existing contracts with immediate effect.

18.5 Users are prohibited from transferring or anyhow accessing data, licenses or other technology to third parties located in Cuba, North Korea, Syria, Belarus, Russian Federation, Ukraine (including the regions of Crimea, Sevastopol, Luhansk, Donesk, Kherson and Zaporizhzhia and Russian-occupied territories) and Iran.

18.6 In the event of any violation, AUDI AG reserves the right to unilaterally terminate the respective contract, immediately and without prior notice.

19. Force majeure

Audi is not liable for force majeure or other unforeseeable events that occur at Audi, the Manufacturer or third-party providers (insofar as Audi Connect Products and Services rely on services or data provided by third-party providers) that temporarily prevent Audi from fulfilling its contractual obligations to the User through no fault of its own; such events include, but are not limited to war, natural disasters, seizures, embargoes, blockades, fires, government orders, pandemics, sabotage, cyber attacks by third parties (e.g. hacker attacks), labour shortages or industrial disputes. Users may terminate their contract for the Audi Connect Products and Services concerned if such disruptions cause service delays exceeding thirty (30) days. Other rights of rescission or termination and liability under clause 14 remain unaffected.

20. Set-off by the User

Users may only set off their claims against Audi’s claims if their counterclaims are undisputed or non-appealable. Users are also entitled to set off their claims against Audi’s claims if they issue a notice of defects or assert a counterclaim arising from the same contractual relationship. The User may only assert a right of retention if it is based on claims arising from the contractual relationship with Audi.

21. Payments settling the User’s financial obligations to Audi and prevention of money laundering

If a payment is made by an individual or a legal entity other than the User, it will not be recognised as settling the User’s financial obligations to Audi unless Audi has given its prior written consent. Audi will not unreasonably withhold its consent. Consent is not required if the payment is made through a credit/payment institution based in the European Economic Area (EEA), which includes in particular banks belonging to the Volkswagen Group based there. The same applies to payments authorised through Audi Pay.

22. Contact options

22.1 Audi customer service can be reached for questions, suggestions or complaints by email at customerassistance@audi-info.com.au. The hotline is available on 1300 557 405.Users should have their email address registered in myAudi and the vehicle identification number to allow Audi customer service to verify ownership and authorisation..

22.2 Audi will communicate with Users by email. The Key User or Secondary User must maintain a valid email address and have access to the associated email account throughout the entire contract term. If the email address of the Key User or Secondary User changes, they must update their details with Audi without undue delay.

23. Changes to these Terms of Use and Purchase

Audi reserves the right to change these Terms of Use and Purchase for legitimate reasons, in particular but not exclusively for legal, regulatory or security reasons in accordance with this clause 22. The changed Terms of Use and Purchase will be published and communicated to the User no later than thirty (30) days before the intended date of entry into force. They will be deemed to have been effectively agreed between Audi and the User if (i) the User does not object to the changes to these Terms of Use before the intended effective date and (ii) the User is expressly informed in the change notification that a failure to object will result in the User consenting to the changed Terms of Use. Audi will specifically inform User in the change notification about individual changes and the consequences of failing to object to these changes. Alternatively, these Terms of Use between Audi and the User will be considered effectively agreed upon when the User provides active (explicit) consent. Audi may only introduce changes which would create new obligations for the User, such as paying a fee for using the Audi ID and myAudi, or which would extend the User’s current obligations in accordance with the second alternative, i.e. with the User’s explicit consent.

24. Terms and conditions that differ from these Terms of Use and Purchase

Any terms and conditions that differ from these Terms of Use and Purchase do not apply, unless Audi expressly agrees to their application in writing.

25.  Governing law, jurisdiction, language and saving clause

25.1 These Terms of Use and Purchase and any dispute or claim arising out of or in connection with them are governed by the laws of New South Wales, Australia. The parties submit to the exclusive jurisdiction of the courts of New South Wales, Australia. Should one or more of the above provisions be or become invalid, this will not affect the validity of the remaining provisions.

PART B.1 – ADDITIONAL CONDITIONS FOR PURCHASES OF AUDI CONNECT PRODUCTS AND SERVICES AS PART OF A VEHICLE PURCHASE

1. Scope of application

Part B.1 of these Terms of Use and Purchase governs the purchase of Audi Connect Products and Services from Audi or an Audi Partner which are a part of a vehicle purchase.

2. Acceptance of these Terms of Use and Purchase

When a buyer concludes a sales contract for an Audi vehicle, they agree to these Terms of Use and Purchase. The Audi Partner, acting as an intermediary, will provide these Terms of Use and Purchase to the buyer on behalf of Audi. When a buyer purchases a vehicle online from Audi or an Audi Partner, they agree to these Terms of Use and Purchase by submitting their order.

3. System activation

 3.1 Audi automatically activates the Audi Connect Products and Services purchased as part of a new car purchase for a duration that varies depending on the vehicle type and model, without any additional fees beyond the vehicle price. Audi or the Manufacturer automatically activates access to the purchased Audi Connect Products and Services remotely, provided that a proper data connection is available, at the latest the next time the vehicle is started. Audi Connect Products and Services that do not require a myAudi account are thus already activated upon vehicle delivery and can be used immediately by any User or Vehicle User.

3.2 Certain Audi Connect Products and Services (these products are listed in the respective product descriptions) require a myAudi account for use. There are also Audi Connect Products and Services that are only available to Key Users and Secondary Users.

PART B.2 – ADDITIONAL CONDITIONS FOR PURCHASES IN THE MYAUDI SHOP

1. Scope of application

1.1 Part B.2 of these Terms of Use and Purchase governs purchases of Audi Connect Products and Services in the Australian Audi Functions Store of AUDI AG.

1.2 Audi Connect Products and Services are also available through international Audi Functions Stores of other contractual partners, subject to their terms and conditions.

2. Acceptance of these Terms of Use and Purchase

User agrees to these Terms of Use and Purchase when entering into a contract for Audi Connect Products and Services in the Audi Functions Store.

3. Requirements for purchasing from the Audi Functions Store

3.1 Purchases through the Audi Functions Store require an Audi ID (“myAudi Account”). The individual terms of use for myAudi and the Audi ID apply when setting up and using a myAudi account.

4. Available Audi Connect Products and Services

4.1 Audi Connect Products and Services can only be used in specific Audi models, as indicated in product descriptions, catalogues, configurators or the Audi Functions Store. The availability of Audi Connect Products and Services varies depending on vehicle type and configuration.

4.2 A list of available Audi Connect Products and Services and their detailed descriptions can be accessed in the corresponding product description for the relevant vehicle model at the time of ordering the product. A list of additional Audi Connect Products and Services that are available for a specific vehicle can be viewed in the Audi Functions Store.

5. Offer and order

5.1 The availability of Audi Connect Products and Services in the Audi Functions Store is subject to change without prior notice. For technical, legal or other reasons as determined by Audi and/or Audi AG, the availability of Audi Connect Products and Services may be restricted or excluded to the extent necessary.

5.2 Listings of Audi Connect Products and Services in the Audi Functions Store are an invitation for the User to place an order and do not constitute a binding offer by Audi. A contract is formed only when Audi confirms acceptance of the User’s order. Product details, prices (including GST where applicable) and payment terms are shown in the Audi Functions.

5.3 Completed orders (i.e. a concluded contract for the provision of one or more Audi Connect Products and Services) are always placed in the User’s name and for their own account.

6. Conclusion of the contract

6.1 Users can select Audi Connect Products and Services from the list in the Audi Functions Store and add them to a shopping cart via buttons like the “Go to checkout” button. Before clicking the “Order and pay” button, the User’s selected Audi Connect Products and Services, along with their total price including GST, duties and charges are displayed again in an order summary for review. The final prices for the selected Audi Connect Products and Services are displayed in the Audi Functions Store after the buyer selects their billing address. These prices take into account the applicable tax and duty laws. There are no delivery or shipping costs for Audi Connect Products and Services as Audi activates and provides them as rights of use directly through the vehicle, rather than delivering them physically.

6.2 Users may identify and correct any incorrect entries before submitting an order. This does not include the email address. The email address does not have to be entered separately and cannot be changed during the order process. The User’s email address saved in myAudi, which serves as the User name for the Audi Functions Store, must be used during the order process and billing.

6.3

6.4 By completing the order process and clicking the “Order and pay” button in the Audi Functions Store, the User places an order for the selected Audi Connect Products and Services and thus submits a legally binding offer to purchase the selected Audi Connect Products and Services.

6.5 Audi may accept or reject the User’s order. The contract for using the selected Audi Connect Products and Services is concluded either through an email confirming the order from Audi or, at the latest, upon delivery of the selected Audi Connect Products and Services. The payment terms are provided when the order is placed in the Audi Functions Store and in the subsequent email from Audi confirming the order.

6.6 Ordering via the vehicle’s MMI is only possible if the User has registered a suitable payment method and billing address in their myAudi account. The registered data is displayed to the User in the order summary before they submit their binding order. The User can correct or change the data registered in their myAudi account. If the order is placed via the MMI, Audi will send the User the contract terms, including these Terms of Use and Purchase, in a reproducible format by email after the binding order has been placed.

7. Redeeming promotional vouchers

7.1 Promotional vouchers issued as part of advertising campaigns, for example, can be redeemed by the User during the order process. They are only valid for the specified period and for the Audi Functions Store that issued them.

7.2 Only one promotional voucher can be redeemed per order. The use of promotional vouchers may be limited to certain Audi Connect Products and Services.
Audi reserves the right to extend, withdraw or vary any promotional voucher offering.

7.3 If an order is cancelled, returned, or otherwise revoked, whether in whole or in part, the value of any promotional voucher applied to that order will not be refunded, reinstated, or credited.

8. System activation

Audi will activate the Audi Connect Products and Services ordered via the Audi Functions Store after acceptance of the order and payment by the User. Audi automatically enables access to purchased Audi Connect Products and Services remotely, provided a proper data connection is available; activation occurs no later than the next time the vehicle is started.

9. Taxes and charges

9.1 During the registration or order process, the User must enter a billing address that corresponds to their place of habitual residence, place of residence or registered office.

9.2 The prices listed for Audi Connect Products and Services in the Audi Functions Store include the applicable statutory value added tax as defined in the A New Tax System (Goods and Services Act) 1999 (Cth).

PART C.1 ‒ SPECIAL CONDITIONS FOR AUDI CONNECT SERVICES (AS A PRODUCT LINE OF AUDI CONNECT PRODUCTS AND SERVICES)

1. Scope of application

1.1 Part C.1 of these Terms of Use and Purchase governs special provisions for certain vehicle-related information and auxiliary services (hereinafter referred to as “Audi Connect Services”), such as navigation, infotainment, remote and control services and other digital vehicle services. Audi Connect Services are part of the Audi Connect Products and Services offered by Audi.

2. Requirements for use

2.1 Audi Connect services are only available with a valid Audi Connect licence for the vehicle. The scope of Audi Connect Services depends on the equipment selected for the vehicle.

2.2 Audi Connect Services require an active data connection which, as described in clause 3.1 of Part A, is only available within the service areas of mobile phone networks or the Global Navigation Satellite System. Certain Audi Connect Services may be unable to transmit or receive data in regions with weak reception or outside the relevant mobile provider’s service area, rendering them unavailable or only partially functional.

3. Costs for data connection

3.1 Data connections for Audi Connect Services are established via the SIM card installed in the vehicle, unless the User selects another connection option.

3.2 The costs of the data connections via the SIM card installed in the vehicle are included in the price for the Audi Connect Services until their term expires, except when (i) data usage is billed separately according to the product description of the Audi Connect Service concerned, such as for WLAN hotspot, online radio, hybrid radio and audio streaming or (ii) a customer-owned SIM card is installed in the vehicle, which is billed directly to the User by their mobile phone provider. In these cases, the User is responsible for the costs of the data connection.

4. Usage in other countries

If the vehicle is used in a country other than the one for which it was produced, Audi Connect Services may not be available or may only be available with limited functionality due to regulatory requirements. If Audi Connect Services are unable to be used or are only available in a limited capacity in a country due to mandatory regulatory requirements, Audi will not refund any fees already paid.

5. Term of Audi Connect Services purchased as part of a vehicle purchase

5.1 Audi Connect Services purchased by a User as part of a vehicle purchase from Audi or an Audi Partner are provided for a term of three (3) years. The term begins when the vehicle is delivered to the User.

5.2 Notwithstanding clause 5.1, the Audi Connect Emergency Call & Service services are available for ten (10) years from the date of delivery of the vehicle to the User. The mandatory emergency call system (“eCall”) is available for an unlimited period from the time of delivery of the vehicle, in conformity with the legal requirements of the panEuropean emergency call system. Other Audi Connect Services may have differing availability terms that are detailed in the relevant product description.

PART C.2 - SPECIAL CONDITIONS FOR FUNCTIONS ON DEMAND

1. Scope of application

1.1 Part C.2 of these Terms of Use and Purchase governs special provisions for electronically enabling Functions on Demand, which involves activating hardware and software components already installed in the vehicle, such as lighting functions, speed assistants or traffic sign recognition. Functions on Demand are part of the Audi Connect Products and Services offered by Audi.

2. Features and functionalities, and requirements for use

2.1 Audi provides Users with an electronic activation command to enable hardware or software components for Functions on Demand, which Audi or the Manufacturer installs directly in the User’s vehicle.

 2.2 The use of Functions on Demand requires that the necessary hardware or software is available and functional in the vehicle. The Functions on Demand agreement does not include the physical or legal transfer of the necessary hardware.

 2.3 Audi will ensure that the electronic activation command is correctly transmitted and executed, and that the purchased Function on Demand remains activated for the period chosen by the User. The functionality of the hardware is the responsibility of the User. Audi is not responsible for making the hardware functional for the Function on Demand purchased or maintaining it in such a state during the activation period unless obliged to do so under the vehicle sales contract.

3. Hardware detection and system activation

3.1 To display the available Functions on Demand for a specific vehicle to the User, Audi or the Manufacturer may remotely access the vehicle, allowing them to retrieve stored information about available hardware and software and conduct functionality tests on the hardware, provided that this remote access does not unreasonably affect the User or the use of the vehicle.

3.2 After a Function on Demand is purchased, Audi will activate the vehicle function as described in clause 2.1. For this purpose, Audi or the Manufacturer may transmit a control command to the vehicle.

4. Contract termination due to a hardware defect

4.1 If the hardware installed in the vehicle that is to be enabled via Functions on Demand is defective or becomes defective during the subscription period for the Function on Demand, the User may terminate the contract for the affected Function on Demand by notifying Audi. Audi will then issue a proportional refund of the price to the User.

4.2 In the case of Functions on Demand that the User has purchased with an unlimited term, the right to terminate the contract in the event of a hardware defect exists for a period of two years from activation. Any proportional refund will be calculated based on a two-year term. After this two-year period, the User assumes the risk of hardware defects. 

4.3 The User has no claim against Audi to restore the hardware to a functional state, unless their warranty rights from the vehicle sales contract apply.

PART C.3 – SPECIAL CONDITIONS BETWEEN AUDI AG AND THE USER FOR THE AUDI APPLICATION STORE

This section applies if the Audi Application Store is accessible from the User’s vehicle. The operator of the Audi Application Store is AUDI AG, Auto-Union-Strasse 1, 85045 Ingolstadt (hereinafter referred to as “AUDI AG”). The following provisions apply directly between AUDI AG and the User.

1. Scope of application

1.1 Part C.3 of these Terms of Use and Purchase governs special conditions for using the Audi Application Store, which offers digital apps from AUDI AG and third-party providers for use in the vehicle (hereinafter referred to as “Audi Application Store”). The Audi Connect Products and Services offered by Audi include access to the Audi Application Store.

2. Scope of services and conditions of use

2.1 An active data connection is required to use the Audi Application Store.

2.2 AUDI AG provides Users access to apps available in the Audi Application Store from both AUDI AG and various third-party providers. Users can purchase apps directly from providers in the Audi Application Store. The contract for acquiring and using apps is always entered into directly with the app provider, as described in clause 4. The Audi Application Store’s third-party app providers are traders.

3.  Display of apps in the Audi Application Store

3.1 The Audi Application Store displays the apps that are available to the User. An AUDI AG technical service provider selects these apps and tests them for functionality and security.

3.2 The apps are organised into subject categories. The categories and the apps within them are arranged alphabetically. To enhance the User experience, certain apps curated by AUDI AG are prominently presented above the subject categories.

 3.3 Users can use the search tool to perform searches based on user-specific criteria (for example, keyword or category) and, if and to the extent available, obtain search results sorted by relevance.

4. Conclusion of the contract

4.1 AUDI AG enables Users to acquire apps from the relevant provider via the Audi Application Store, which can be purchased (paid), gifted (free), rented or otherwise acquired. Users can select and install their desired app from the Audi Application Store. The terms of use, information on withdrawal and privacy policies displayed under “Further information” for each app apply to its acquisition and use.

 4.2 By clicking the “Install” button (for free apps) or by clicking the “Order and pay” button to complete the purchase process (for paid apps), the User makes a binding offer to acquire the app. The contract is entered into when the app provider accepts the offer or, at the latest, when the app installation is completed. AUDI AG acts as an intermediary by automatically forwarding relevant declarations to and from third-party providers.

4.3 AUDI AG is only directly involved in the contract for app installation and use if it is the app’s provider. Otherwise, AUDI AG is not a contracting party, representative or agent in any contracts entered into through the Audi Application Store between Users and third-party app providers.

4.4 The User acknowledges that AUDI AG is not responsible for the apps and content provided by third-party providers in the Audi Application Store, nor for the services they offer or their actions, and that consequently no contractual or service relationship is established between AUDI AG and Users in this regard. In particular, the third-party provider is solely responsible for fulfilling the contract entered into with the User, providing services, invoicing, collecting payments and honouring warranty obligations for any defects in the app.

5. Use and updates of apps

5.1 Apps installed by a User in the vehicle are visible and usable for any Vehicle User. Apps can be removed from the vehicle at any time through the MMI.

5.2 The system regularly checks the version numbers of the apps installed in the vehicle to carry out updates provided by the app provider. If the User has enabled automatic updates, these updates will be installed automatically. Otherwise, the User must confirm the installation of updates manually.

6. Costs for data connection

6.1 The data connection for accessing the Audi Application Store, and for installing and using apps is established by a mobile network provider via the SIM card installed in the vehicle.

6.2 The installation and use of third-party apps results in data connection costs based on the data prices of the mobile network provider for the SIM card installed in the vehicle. The amount of data required to download the app is displayed to the User before installation.

7. Removal and suspension of apps

7.1 AUDI AG may remove or suspend apps from the Audi Application Store if they fail to meet legal requirements or AUDI AG’s quality standards. Apps that are already installed in the vehicle will be unaffected and remain available to the User. 7.2 AUDI AG reserves the right to remove or suspend apps already installed from the User’s vehicle in accordance with clause

7.2 of Part A, especially if the app is illegal, contains illegal content or poses security risks. AUDI AG will inform Users of such a step in an appropriate manner.

7.3 Users can report any content in the Audi Application Store they consider illegal to AUDI AG. If Users repeatedly submit clearly unfounded reports or complaints, AUDI AG may suspend this reporting option for a reasonable period. The decision to suspend and its duration is based primarily on the severity of the misuse and the legitimate interests of the person concerned, including any fault and the degree of fault.

8. Complaints and dispute resolution

8.1 If AUDI AG removes content from the Audi Application Store because it is illegal or incompatible with these Terms of Use, or if content reported by a User is not removed, Users have the right to make an internal complaint against this decision. When AUDI AG receives a complaint, it will thoroughly review the decision.

8.2 Users can escalate decisions or complaints unresolved by AUDI AG to a certified out-ofcourt dispute settlement body as outlined in Article 21 of Regulation (EU) 2022/2065. AUDI AG will co-operate with the certified out-of-court dispute settlement body selected by the User. The outcome of this dispute settlement process is not binding on AUDI AG unless explicitly accepted as such by AUDI AG.

9. Governing law and place of jurisdiction for this Part C.3

9.1 Notwithstanding Part A24.1 and 24.2, the following provisions apply to this Part C.3: If the User is a merchant, a legal entity under public law or a special public debt fund, all disputes relating to the use of the Audi Application Store between the User and AUDI AG will be subject to the exclusive jurisdiction of the courts of Ingolstadt, Germany. The same place of jurisdiction applies if the User does not have a general place of jurisdiction in Germany, a legal action is filed against them and they relocate their residence or habitual place of residence from Germany after the conclusion of the contract, or if their place of residence or habitual place of residence is unknown at the time the action is filed.

9.2 For all disputes arising out of or in connection with the contractual relationship between the User and Audi, German law applies exclusively; the application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded. The application of mandatory provisions restricting the choice of law remains unaffected. Notwithstanding the application of German law, Users, particularly those who are consumers, are protected by the mandatory laws of the country in which they are habitually residents, such as consumer protection laws.