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Terms of service
myAudi Connect - App Terms and Conditions
1. SCOPE:
1.1. This application known as myAudi Connect (hereinafter “Application” or “App”) is made available by Audi India A Division of SKODA AUTO Volkswagen India Pvt. Ltd. (SAVWIPL) and/or its affiliates (“SAVWIPL”, “We” or “Us”).
1.2. The Application provides to its users, the ability to avail various services and/or facilities, including but not limited to information, entertainment, promotion and/or engagement services and/or facilities as may be provisioned thereunder (“Services”).
1.3. Your (“you”, “your” or “user”) use of the Application is subject to these terms and conditions (“Terms”).
1.4. Your use of the Application on: (i) any hand held phone powered by android and/or iOS; or (ii) any device for the purposes of availing connectivity to vehicle; (each a “Device”) requires that you agree to these Terms and the privacy policy of the Application available at Privacy Policy.
1.5. By downloading the Application and/or by registering or signing up to the Application, or otherwise having access to, receiving, and/or using the Application, you acknowledge to have read, understood and you consent to be governed and bound by these Terms and the Privacy Policy. You also permit to enable certain functions of the Device to find the location of your device, phone statistics and identity, mount and un-mount file systems, contacts saved in your device, conferencing/ call logs and history and associated and/or ancillary functions. If you do not understand the Terms or the Privacy Policy, or do not accept or agree to any part of them, then you should not use this Application
1.6. The Terms are an electronic record in terms of the Information Technology Act, 2000 (as amended / re-enacted) (“IT Act") and rules thereunder, and is published in accordance with the provisions of Rule 3 (1) of the of the Information Technology (Intermediaries Guidelines) Rules, 2011, which mandates for publishing of rules and regulations, privacy policy and terms of use for access or usage of Application. This electronic record is generated by a computer system and does not require any physical or digital signatures.
2. PRIVACY AND PROTECTION OF PERSONAL INFORMATION:
2.1. Please refer to the privacy policy of the Application available Privacy Policy.
2.2. You hereby authorize SAVWIPL and its service providers to collect, retain and use information as per the privacy policy of the Application made available at Privacy Policy.
2.3. Please note that your use of the Application or Services on your Device or download thereof from Google play store or Apple app store or any other legal and valid source and shall be subject to the respective privacy policies as may be published or made available by the Device or Google play store or Apple app store or any other legal and valid source.
3. USAGE CHARGES:
The functionality of the Application is dependent on certain third party services. You hereby agree to pay for necessary subscription charges and any hardware update charges, applicable from time to time, that may be necessary to continue to avail the Services under the Application. The Application heavily relies on the mobile data network provided by Mobile Network Operator (MNO); the quality of mobile network is critical for efficient functioning of the Application. Since mobile network is provided by external MNO, SAVWIPL shall not be held responsible for any Service issues, that are attributable to quality of mobile network provided by the MNO. All such claims be directly made against the concerned MNO.
4. MODIFICATIONS:
4.1. Modifications of the Terms: SAVWIPL reserves the right to change the Terms under which the Services are offered, including but not limited to the charges, if any, associated with the use of the Services. The Terms may be further modified based on changes in the business, legal and regulatory requirements and will be updated online. We will make all efforts to communicate any significant changes to these Terms, to you. You are encouraged to periodically visit this page to review these Terms and any changes to it.
4.2. Modification of Services: SAVWIPL reserves the right to add, modify or delete any content or features available in the Services at any time at its sole discretion.
5. LINKS TO THIRD PARTY SITES AND APPLICATIONS:
5.1. The Application may contain links to other web sites/applications, whether in the form of a separate tab and/or facility within the Application or otherwise ("Linked Site/s"). The Linked Sites may not be under the control of SAVWIPL and SAVWIPL is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site or any information transmitted on a Linked Site. The inclusion of any link does not imply endorsement by SAVWIPL of the site or any association with its operators.
5.2. Any dealings with third parties (including advertisers) included within or available via the Linked Sites or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. SAVWIPL shall not be responsible or liable for any part of any such dealings or promotions.
5.3. You acknowledge and agree that the use of any Linked Sites is governed by the terms of use, license agreement, privacy policy, or other such agreement stipulated by the relevant offer or of each such Linked Site. SAVWIPL disclaims any and all responsibility for any disclosure of information or any other practice of an offer or of a Linked Site. SAVWIPL expressly disclaims any warranty with respect to your personal or other information that may be collected, processed, shared or retained by an offer or of a linked site.
5.4. SAVWIPL reserves the right to suspend and/or remove any Linked Site or disable any content forming part thereof at its sole discretion without any prior notice to you.
6. INTELLECTUAL PROPERTY RIGHTS
SAVWIPL shall own title, interest and rights, including all related intellectual property rights, in/of the Application and associated Devices including but not limited to object code of the Application, features of services, which is/are protected by the applicable laws except the content owned by the user. You acknowledge that such ownership shall include all intellectual property rights arising from any suggestions, enhancement requests, recommendations or other information provided by the user, whether in the course of use of the Application, Device or otherwise.
7. USE LIMITATIONS:
7.1. The Application is merely intended for your personal and non-commercial use.
7.2. As a condition of your use of the Application, you warrant to SAVWIPL that you will not use the Application for any purpose that is commercial, unlawful or prohibited by these Terms. You may not use the Application in any manner which could damage, disable, overburden or impair the Services or interfere with any other party's use and enjoyment of the Application.
7.3. You are not entitled to use any kind of measures, mechanisms or tools (software or hardware) that could interfere with the functioning of the Application or any of its Services.
7.4. You may not use the Services and/or Application if (i) if you are under the age of 18 years or (ii) I not competent to accept these Terms & Conditions or enter into a contract.
8. GENERAL
8.1. Registration: In order to use the Services through the Application, you are required to sign up for an account using: (i) a valid mobile number and/or user id with password; or (ii) any other mechanism as may be prescribed by SAVWIPL, from time to time.
8.2. Use Restriction: You must not access the Application if you are a person who is either barred or otherwise legally prohibited from receiving or using the Service or any Services under the laws of India.
8.3. Third-Party Fees: You may incur access or data or cloud services fees from third parties (such as your internet provider or mobile carrier) in connection with your use of Services and of Application. You are solely responsible for all such fees.
8.4. Updates: You may need to install updates to the Application or related software that we introduce from time to time to use of the Application. Services originating from the Application may communicate with the servers from time to time to check for available updates to the Services and to the functionality of the Application, such as bug fixes, patches, enhanced functions, missing plug-ins and new versions (collectively, "Updates"). By use of the Application you agree to receive and install such automatically requested updates.
8.5. Accuracy of Information: You agree that the information entered by you while profile creation/updation or using any of Services is true, current, complete and accurate in all respects. SAVWIPL is not responsible for any losses arising out of discrepancy in your data. You are solely responsible for maintaining confidentiality and security of your user account and for all activities that occur on or through your user account. SAVWIPL is not responsible for any losses arising out of the unauthorized use of your user account.
9. LIMITATION OF LIABILITY:
9.1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SAVWIPL BE LIABLE TO YOU FOR ANY DIRECT OR SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF, OR INABILITY TO USE OR ACCESS, THE APPLICATION OR FOR ANY SECURITY BREACH OR ANY VIRUS, BUG, UNAUTHORIZED INTERVENTION, DEFECT, OR TECHNICAL MALFUNCTIONING OF THE APPLICATION, WHETHER OR NOT FORESEEABLE OR WHETHER OR NOT SAVWIPL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BASED ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ANY OTHER CLAIM ARISING OUT, OF OR IN CONNECTION WITH, YOUR USE OF, OR ACCESS TO, THE APPLICATION OR THE CONTENT. FURTHER, SAVWIPL SHALL NOT BE LIABLE TO YOU FOR ANY TEMPORARY DISABLEMENT, PERMANENT DISCONTINUANCE OR MODIFICATION OF THE APPLICATION BY SAVWIPL OR FOR ANY CONSEQUENCES RESULTING FROM SUCH ACTIONS.
9.2. YOU SHALL BE SOLELY RESPONSIBLE FOR OBTAINING AND MAINTAINING ANY EQUIPMENT AND ANCILLARY SERVICES (INCLUDING THE PAYMENT OF ANY ADDITIONAL FEES THEREFORE) REQUIRED TO CONNECT TO, ACCESS OR OTHERWISE USE THE SERVICES, INCLUDING, WITHOUT LIMITATION, VIDEO-ENABLED DEVICES, VIDEO COMMUNICATION SERVICES, MODEMS, HARDWARE, SERVERS, SOFTWARE, OPERATING SYSTEMS, REMOTE CONTROLLER, NETWORKING, WEB SERVERS, INTERNET AND TELEPHONE SERVICE (COLLECTIVELY, “EQUIPMENT”). YOU WILL ALSO BE RESPONSIBLE FOR MAINTAINING THE SECURITY OF THE EQUIPMENT AND FOR ALL USES OF THE EQUIPMENT WITH OR WITHOUT YOUR KNOWLEDGE OR CONSENT.
9.3. YOU ARE SOLELY RESPONSIBLE FOR THE CONTENT AND OTHER MATERIALS YOU TRANSMIT THROUGH THE SERVICE OR SHARE WITH OTHER USERS OR RECIPIENTS. YOU WILL NOT TRANSMIT ANY CONTENT THAT YOU DID NOT CREATE OR THAT YOU DO NOT OWN ALL RIGHT, TITLE AND INTEREST IN AND TO, INCLUDING, WITHOUT LIMITATION, ALL COPYRIGHT AND RIGHTS OF PUBLICITY CONTAINED THEREIN.
9.4. SAVWIPL AND/OR ITS RESPECTIVE AFFILIATES AND SERVICE PROVIDERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS AND ACCURACY OF THE INFORMATION, SOFTWARE AND SERVICES AND RELATED CONTENT CONTAINED ON THE APPLICATION FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE AND SERVICES AND RELATED CONTENT ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. SAVWIPL AND/OR ITS RESPECTIVE SUPPLIERS AND SERVICE PROVIDERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, APPLICATION, SOFTWARE, AND SERVICES AND RELATED CONTENT, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
9.5. YOU SPECIFICALLY AGREE THAT SAVWIPL SHALL NOT BE RESPONSIBLE FOR UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH THE APPLICATION. YOU SPECIFICALLY AGREE THAT SAVWIPL IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL SERVICES OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT SAVWIPL IS NOT RESPONSIBLE FOR ANY SERVICES SENT USING AND/OR INCLUDED IN THE APPLICATION BY ANY THIRD PARTY.
9.6. IN NO EVENT SHALL SAVWIPL AND/OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR OR IN RELATION TO: (A) LOSS OF USE, DATA OR PROFITS ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF APPLICATION; (B) ANY DELAY OR INABILITY TO USE THE APPLICATION OR SERVICES; (C) THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION OR SERVICES OBTAINED THROUGH THE APPLICATION; (D) OR OTHERWISE ARISING OUT OF THE USE OF THE APPLICATION OR THE SERVICES OF SAVWIPL; WHETHER OR NOT ALL OF THE ABOVE LOSSES, CLAIMS OR DAMAGES ARE BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, EVEN IF SAVWIPL AND/OR ITS AFFILIATES AND/OR ITS ASSOCIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES, CLAIMS OR DAMAGES.
10. TERMINATION (TEMPORARY AND PERMANENT DISABLEMENT):
The Application or the Services offered to you may be terminated by SAVWIPL without assigning any reasons at any time at the sole discretion of SAVWIPL. Upon termination / suspension, you shall not have the right to use or access the Application/Services. SAVWIPL shall not be liable to pay any compensation for such terminations or any Service disruptions.
11. GOVERNING LAW AND DISPUTE RESOLUTION:
These terms and conditions are governed and construed in accordance with the laws of India. The courts in Mumbai shall have exclusive jurisdiction to hear disputes arising out of these terms.
12. FORCE MAJEURE:
SAVWIPL shall be under no liability whatsoever in the event of non-availability of any portion of the Application or Services, occasioned by act of God, war, disease, revolution, riot, civil commotion, strike, lockout, flood, fire, failure of any public utility, man-made disaster, infrastructure failure or any other cause whatsoever beyond the control of SAVWIPL.
13. SEVERABILITY:
If any of the provisions of these Terms are deemed invalid, void, or for any reason unenforceable, that part of these Terms will be deemed severable and will not affect the validity and enforceability of any remaining provisions of these Terms.
14. CONTACT DETAILS: In case if any queries, kindly reach out to us at:
Audi India a division of
SKODA AUTO Volkswagen India Private Limited,
Level 4, Silver Utopia
Cardinal Gracious Road, Chakala
Andheri (East)
Mumbai – 400099 India
Audi India Customer Care Email: connect@audiindia.in
“myAudi Connect ” – End User License Agreement (EULA)
Welcome and Thank you for choosing the ““myAudi Connect ” (hereinafter referred to as the "Application"), mobile application, which consist of various features, supporting the ownership experience for your car, manufactured and sold in India by Audi India a division of ŠKODA AUTO Volkswagen India Private Limited(hereinafter referred to as "SAVWIPL").
This End User License Agreement (hereinafter referred to as the "EULA"), along with the Privacy Policy and Terms and Conditions of the Application, which are incorporated herein by reference, define the full agreement for use of the Application between you ("You" or "Your"), SAVWIPL and our various service providers.
As used in this EULA, the terms "you" and "your", which is binding shall be deemed to refer to any person or entity who has purchased or leased a Car equipped with Connect features, or uses as a driver or occupant (e.g., additional drivers, passengers) of your Car, the Application and/or has activated the Application.
Also, as used in this Agreement, the terms "we," "us," "our", “SAVWIPL." shall be deemed to collectively refer to the following persons/entities: (i) SAVWIPL, its affiliates, successors and assigns and SAVWIPL dealers in India; (ii) Service Providers, their affiliates, successors and assigns; and (iv) any employees, directors, officers, subcontractors, representatives and agents of any of the foregoing.
PLEASE READ ALL PAGES OF THIS EULA COMPLETELY BEFORE USING THE APPLICATION.
1. Application features:
The Application gives you access to interactive features and digital services, some of which are provided by third parties ("Third Party Service Providers"), that enhance your user experience and may utilize data collected from you or the Car.
Application provides information and services which help you to manage your plans and activities in real time.
This app is interlinked with other SAVWIPL Systems, Websites, Applications etc. without downloading / Linking these systems, the Application may not give the same results / provide the desired functionality.
2. Entering into a Binding Agreement
This EULA define the full agreement between You and SAVWIPL wherever applicable, the Third Party Service Providers for the use of the Application. This replaces any earlier agreements between You and SAVWIPL and/or the Third Party Service Providers (other than the applicable Privacy Policy, Terms of the Applications and consents provided by you) regarding the subject matter hereof. By downloading, installing, and/or using this Application on Your smart phone, other mobile device or computer ("Internet-enabled Device"), You shall be conclusively deemed to have accepted this EULA and entered into a binding agreement. If you do not agree to this EULA, do not download, install or use this application. This EULA do not create any fiduciary relationship, partnership relationship, principal and agent relationship, or employee and employer relationship between You and SAVWIPL or the Third Party Service Providers.
3. Representations about You
You represent that You reside in India, and You will use the Application in India only. You are at least eighteen (18) years of age, You further represent that you have the capacity and authority to enter into this EULA and related conditions You are only entering into this EULA on Your own behalf. If you are under eighteen (18) years of age, You further represent that Your parent or legal guardian has accepted this EULA on your behalf and that such parent or legal guardian has the capacity and authority to enter into this EULA.
4. User Account, Password, and Security:
a) SAVWIPL may make the Services available to You only if You have provided certain required User information and / or created an account ("Account") through SAVWIPL, password or other log-in ID and password (collectively, the "Account Information"). The Services may also be subject to procedures for use of the Application, Terms of Offer For Sale, uploaded guide, rules, additional terms of service, or other disclaimer & notices, if any ("Additional Terms"). If there is any conflict between the EULA of Use and the Additional Terms, the Additional Terms shall take precedence in relation to that service.
b) You will be responsible for maintaining the confidentiality of the Account Information, and are fully responsible for all activities that occur under Your Account. You agree to (a) immediately notify SAVWIPL of any unauthorized use of your Account Information or any other breach of security, and (b) ensure that You exit from Your Account at the end of each session. SAVWIPL cannot and will not be liable for any loss or damage arising from your failure to comply with these conditions. You may be held liable for losses incurred by SAVWIPL or any other user of or visitor to the Application due to authorized or unauthorized use of Your Account as a result of your failure in keeping Your Account Information secure and confidential.
c) You shall ensure that the Account Information provided by you at the time of registration is complete, accurate and up-to-date. Use of another user's Account Information for availing the Services is expressly prohibited.
d) If You provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or SAVWIPL has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, SAVWIPL has the right to suspend or terminate Your Account and refuse any and all current or future use of the Services (or any portion thereof).
e) You agree that it is Your responsibility to use the Application in a responsible manner, including abiding by all applicable laws and/or rules (including but not limited to any laws relating to use of mobile devices while driving). SAVWIPL encourages You to operate Your Car in a responsible manner and not to use the Application while operating the Car. SAVWIPL shall assume no responsibility in case you use this Application or operate smart phone while driving and met up with an accident.
f) You agree and understand that as SAVWIPL is only a facilitator and is not providing the service under the Agreement, you should not hold SAVWIPL responsible for the performance/ functioning of your mobile phone due to downloading or usage of this Mobile Application on your mobile.
g) You agree that you will only use the Application with respect to a Car that you own or are authorized to control.
h) We do not intend to collect information from children who are under 18 years of age. If You are under 18 years of age, You should not provide information in this Application and should ask Your parent to do so for You.
5. Usage License
SAVWIPL hereby grants You a non-exclusive, non-transferable license to download, install and use the Application in accordance with this EULA, subject to your acceptance of these Terms and Condition. You agree not to reproduce, redistribute or use this Application, or any part of it, by any means or for any purposes other than in accordance with this EULA. You agree that SAVWIPL retains all title and interest in this Application and services provided by them respectively. You agree not to remove, alter, or otherwise obscure any trademark, copyright or other proprietary rights notices contained within or displayed by this Application.
The Application can be replicated on up to 5 Mobile nos. of your Choice (Additional Users), You take full responsibility and liability of all the actions and inactions, of all such users, who will be authenticated by OTP from your Registered Mobile Number (RMN).
6. Third Party Services
Use of this Application requires the involvement of hardware, services, and applications and that were not developed by SAVWIPL that are not under the control of SAVWIPL such as Your Internet-enabled Device, Cloud storage and services the network provided by Your wireless or Internet service provider, Your browser, email and SMS programs, dialer and other applications. SAVWIPL cannot assure You that these third party hardware, services, and applications will function correctly with this Application, and expressly denies any liability related to the involvement and interaction with these third party hardware, services, and applications.
The functionality of the Application is dependent on certain third party services. You hereby agree to pay for necessary subscription charges and any hardware update charges, applicable from time to time, that may be necessary to continue to avail the Services under the Application. The Application heavily relies on the mobile data network provided by Mobile Network Operator (MNO); the quality of mobile network is critical for efficient functioning of the Application. Since mobile network is provided by external MNO, SAVWIPL shall not be held responsible for any Service issues, that are attributable to quality of mobile network provided by the MNO. All such claims be directly made against the concerned MNO.
7. Fees, Costs and Other Expenses
This Application makes use of a data network operated by Your wireless or Internet service provider to send data to Your Internet-enabled 'Device, Your Car, and our servers and call centers. Depending on Your data plan, You may incur charges from Your wireless or Internet service provider for use of its network and/or for specific services such as making phone calls, sending or receiving text messages and/or emails or other services. You are solely responsible for any and all costs You incur as a result of Your usage of this Application.
8. Links and External Websites
This Application may contain links to and from external websites. SAVWIPL make no representations whatsoever about any other website that You may have accessed from our websites or through this Application. SAVWIPL is not responsible for the privacy practices or content of those websites and expressly deny any liability whatsoever for use of such websites. It is up to You to take precautions to ensure that whatever You select for Your use is free of items of a destructive nature.
9. User Obligations
a) Subject to compliance with the EULA, Company grants You a non- exclusive, limited privilege to access and use the Application.
b) You agree to use the Services and the materials provided therein only for purposes that are permitted by: (i) the EULA; and (ii) any applicable law, regulation or generally accepted practices or guide in the relevant jurisdictions.
c) You agree to adhere to all limitations on dissemination, use and reproduction of any materials (such as the product catalogues) that you will access.
d) You agree not to access (or attempt to access) the Application and the materials or Services by any means other than through the interface that is provided by SAVWIPL. You shall not use any deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, hack, copy or monitor any Hardware, Application, Website or Content (as defined below), or in any way reproduce or circumvent the navigational structure or presentation of the Website, Application, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Application.
e) By accessing or using the Application or Services, You may be exposed to content from other users that you may consider offensive, indecent or otherwise objectionable. SAVWIPL disclaim all liabilities arising in relation to such offensive content on the Application / Website.
f) Our Services may allow you to post or upload files, data, comments or any other material. You hereby undertake to ensure that such material is not offensive and is in accordance with applicable laws. Further, You undertake not to:
i. Defame, abuse, harass, threaten or otherwise violate the legal rights of others;
ii. Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
iii. Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information through any bookmark, tag or keyword;
iv. In case of resale of vehicle SIM transfer will be responsibility of customer & not SAVWIPL as per the guidelines from Telecom Regulatory Authority of India (TRAI).
v. You agree to inform Audi Authorized Dealer / Customer care in writing about any resale or change of ownership
vi. Upload files that contain software or other material protected by applicable intellectual property laws unless You own or control the rights thereto or have received all necessary consents;
vii. Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Application / Website or other devices;
viii. Engage in any activity that interferes with or disrupts access to the Application / Website or the Services (or the servers and networks which are connected to the Application);
ix. Attempt to gain unauthorized access to any portion or feature of the Application or the Services, any other systems or networks connected to the Services, to any of our server, by any illegitimate means (including such as hacking and password mining);
x. Probe, scan or test the vulnerability of any portion of our Services or any network connected to the Services, nor breach the security or authentication measures on the Application / Website or any network connected to the Application / Website. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Application / Website , or any other customer of SAVWIPL, including any SAVWIPL Account not owned by You, to its source, or exploit the Application / Website or Services or information made available or offered by or through the Application / Website , in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information;
xi. Disrupt or interfere with the security of, or otherwise cause harm to, the Application / Website , systems resources, accounts, passwords, servers or vehicle or networks connected to or accessible through the Services or any affiliated or linked sites;
xii. Collect or store data about other users.
xiii. Use any device or software to interfere or attempt to interfere with the proper working of the Services or any transaction being conducted on the Services, or with any other person's use of the Services;
xiv. Use the Services or any material or Content for any purpose that is unlawful or prohibited by the EULA, or to solicit the performance of any illegal activity or other activity which infringes the rights of SAVWIPL or other third parties;
xv. Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
xvi. Violate any code of conduct or other guide, which may be applicable to the Services;
xvii. Violate any applicable laws or regulations for the time being in force within or outside India;
xviii. Violate the EULA including but not limited to any applicable Additional Terms; and
xix. Reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, images or software obtained from the Services.
xx. You agree that You are solely responsible to SAVWIPL and to any third party for any breach of Your obligations under the EULA and for the consequences for any such breach (including breaches if any of Additional Users).
10. Changes to the EULA and Privacy Policy
SAVWIPL reserve the right, in our sole discretion, to change this EULA and our Privacy Policy at any time. If You do not accept any updated EULA, Your access to the Application may be terminated immediately. We encourage You to review this EULA and our privacy policy often to make sure You understand how information You provide will be used.
11. Disclaimer of warranties; limitation on liability*
a) You expressly acknowledge and agree that use of this application is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with you. To the maximum extent permitted by applicable law, the application and information on the application is provided "as is" and "as available", with all faults and without warranty of any kind, and SAVWIPL hereby disclaims all warranties and conditions
b) With respect to the application and information on the application, either express, implied or statutory, including, but not limited to, the implied warranties and/or conditions of merchantability, satisfactory quality, fitness for a particular purpose, accuracy, quiet enjoyment, and non-infringement of third party rights. No oral or written information or advice given by SAVWIPL or an authorized representative shall create a warranty, and without limitation, SAVWIPL does not guarantee and disclaim any warranty regarding the accuracy of data provided by the application, such as map, estimated range, or other content or car information, SAVWIPL does not guarantee against loss of application data, which may be lost at any time; SAVWIPL do not guarantee that the services will be provided at all times or all services will be available or error free (e.g., services may be unavailable in your location, or may be suspended or interrupted without notice for repair, maintenance, security fixes, updates, etc.).
c) To the extent not prohibited by law, in no event shall SAVWIPL or its affiliates, or third party service providers be liable for personal injury, or any incidental, special, direct, indirect or consequential damages whatsoever, including, without limitation, damages for loss of profits, corruption or loss of data, failure to transmit or receive any data, business interruption or any other
d) SAVWIPL shall not be liable for any disturbance or black out in mobile network services provided by the MNO and cloud services of third party.
e) commercial damages or losses, arising out of or related to this agreement or your use of or inability to use this application or information on the application, however caused, regardless of the theory of liability (contract, tort or otherwise).
f) The maximum aggregate liability towards you under any theory (including but not limited to fraud, misrepresentation, breach of contract, personal injury, or product liability) is limited to the total amount paid by you for the portion of the connected car feature service giving rise to the claim during the 12 months preceding the date your claim arose.
17. Indemnity
You agree that you are responsible for any amount anyone else claims from SAVWIPL, Third Party Service Providers, or their officers, employees, affiliates and agents, plus any expenses, resulting from any claim, demand or action, regardless of the nature of the cause of the claim, demand, or action alleging loss, costs, expenses, damages, or injuries (including injuries resulting in death) arising out of or in connection with (1) Your use of the SAVWIPL Application, whether brought by You, Your employees, those claiming through You, or third parties, even if due to the sole negligence of SAVWIPL or the Third Party Service Providers; (2) claims for libel, slander, or any property damage, personal injury or death, arising out of or related in any way directly or indirectly to your use of the Mobile Application or the Connected Car Services; or (3) Your use, failure to use, or inability to use this Mobile Application or the Connected Car Services, except where the claims result from the gross negligence or willful misconduct of SAVWIPL or the applicable Third Party Service Provider.
12. YOUR INSURANCE OBLIGATIONS.
We are not an insurance company. You further promise that you shall obtain and maintain appropriate insurance covering personal injury, loss of property, and other risks. For yourself and for anyone else claiming under you, you hereby release and discharge us from and against all hazards covered by your insurance. No insurance company or insurer will have any right of subrogation against us.
13. TERM AND TERMINATION
This EULA become effective immediately upon downloading, installing or using this Application, whichever occurs first, and shall remain in effect until Your use of the Application is terminated, provided that the provisions of the EULA for which the heading is marked with an asterisk (*) shall survive any termination or expiration of this EULA and shall remain in effect indefinitely. You may terminate Your access to this Application at any time. Further, should You transfer Your Car, You agree to notify SAVWIPL. If You transfer Your Car and do not notify SAVWIPL, You shall remain responsible for all activities associated with the Car and this Application. SAVWIPL reserves the right to terminate this EULA at any time and for any purpose, or for no reason whatsoever, upon notice; except, if You breach this EULA, Your authorization to access or use this Application shall
automatically terminates and no notice shall be required for termination. Upon termination, Your right to use this Application shall cease.
14. Violation of the EULA of Use
SAVWIPL may, in their sole discretion and without prior notice, terminate Your access to the Website/the Application, if SAVWIPL determines that You have violated the EULA or Additional Terms. Any violation by You of the EULA will constitute an unlawful and unfair business practice, and will cause irreparable harm to SAVWIPL for which monetary damages is likely to be inadequate, and You consent to SAVWIPL obtaining any injunctive or equitable relief that SAVWIPL deems necessary or appropriate. These remedies are in addition to any other remedies SAVWIPL may have at law or in equity.
15. Intellectual Property
The text and images on this Application are the property of or are licensed by SAVWIPL or its affiliates or by the applicable Third Party Service Provider, and are subject to copyright and other intellectual property protection. SAVWIPL name and logos are registered trademarks of SAVWIPL or its affiliates. The trademarks and other SAVWIPL names, logos and service marks may not be modified, and they may not be used, downloaded, copied or distributed in any way except as an integral part of the authorized download, copy or transmission of materials in this Application. No license to use any SAVWIPL or Third Party Service Provider intellectual property, beyond that which is included in the Application itself under this EULA, has been granted by this EULA.
16. Entire Agreement; Dispute Resolution, Governing Law; Jurisdiction/Venue*
a) This EULA contain the entire understanding between SAVWIPL and the Third Party Service Providers and You with respect to the subject matter hereof, and may not be altered or waived except by a writing signed by all parties, or by You entering into another version of this EULA.
b) SAVWIPL make no representations that the information and materials contained within this Application are appropriate for locations outside India.
c) All rights that are not expressly granted under this EULA are reserved by SAVWIPL.
d) Any disputes with respect to usage of this Mobile Application, interpretation of terms and condition as contained in this agreement shall be resolved amicably. If the same is not resolved amicably then the same shall be referred to the Sole neutral Arbitrator appointed by SAVWIPL. The place of Arbitration shall be Mumbai only and the arbitration proceedings shall be governed as per the Arbitration and Conciliation Act, 1996 as amended up to date.
e) The Courts of Mumbai alone shall have the exclusive Jurisdiction to try and entertain all or any dispute between the parties arising therefrom.
17. Privacy Policy
SAVWIPL value the trust that you place in us. In turn, we guard that trust by respecting your privacy, particularly as it relates to maintaining the confidentiality of any personal information that we receive. Our Privacy Policy explains the types of information we collect through this Application, how we use it, and the circumstances under which we may share it. Privacy Policy is provided on behalf of SAVWIPL and applies to the use of this Application. Privacy Policy applies only to the customer and member information that we receive or transmit in connection with your use of this Application. Privacy Policy takes precedence over any previous privacy notices that SAVWIPL has issued related to this Application.
18. Collection and Use of Data
a) You understand that the Application may collect information that personally identifies you i.e. "Personally Identifiable Information". The Personally Identifiable Information is captured to help provide useful assistance and support for the owner/driver. When you use the Application, you voluntarily furnish Personally Identifiable Information.
b) We limit the Personally Identifiable Information we collect from you while using this Application to what is necessary to provide the Mobile Application Services, measure Application activity, improve the usefulness of the Application, administer our business, provide superior service, offer opportunities that we think would be of benefit to Car owners, develop future services and/or products, prevent fraud or misuse, as required by law (e.g., to respond to a subpoena), for dispute resolution, facilitate the provision of software updates, for product support, help protect the safety of You or others, protect our rights or property, verify compliance with this EULA, and other related uses we may develop ("Contemplated Uses"). "Personally Identifiable Information" or "Personal Information" refers to an individual's first and last name or last name and first initial in combination with other data elements such as non-truncated government identification numbers; at least two forms of biographical data (e.g. home address, telephone number, email address, mother's maiden name, date of birth); biometric data (e.g. fingerprint, retina scan); financial account information in combination with passwords or other account security data; and any combination of data elements that could allow access to any of the above described information.
c) When you subscribe to the Application, you provide Personally Identifiable Information including your name, address and vehicle details. SAVWIPL may use a Third Party Service Provider to process this information. In this case, SAVWIPL will require that such Third Party Service Provider agree to keep your Personally Identifiable Information confidential and use it only to provide the services that you request. All Personally Identifiable Information will be handed and shared in accordance with as applicable laws and necessary reasonable security practices have been implemented to maintain and protect such Personally Identifiable information or confidential information from unauthorized access, damage, use, modification, disclosure or impairment as may be specified in law.
d) In order to best serve your needs, we gather and retain the following information:
• Information we receive from you.
• Information about your use of the Application and the application environment, including the type of device and operating system used to access the Application, the data and time the Application is accessed, and the pages and functions of the Application that are used.
• Information we receive from Third Party Service Providers supplying the Mobile Application services.
• Information about your Car, such as your location, fuel level, and other Car status and diagnostic information.
• Aggregate information is the data we collect about a group or category of products, services or customers, from which individual customer identities or other Personally Identifiable Information has been removed. In other words, information about how You use a service may be collected and combined with information about how others use the same service, but no Personally Identifiable Information will be included in the resulting data. Likewise, information about the products you purchase may be collected and combined with information about the products purchased by others. Aggregate data helps us understand trends and customer needs so that we can better consider
• new products and services and tailor existing products and services to customer desires. Our definition of Personally Identifiable Information does not include "aggregate" information.
• You hereby consent to our collection of this information and the Contemplated Uses and you further agree and consent that SAVWIPL may share this information with its affiliates, Third Party Service Providers (e.g., roadside assistance providers and providers of services that enable remote access to your Car), service providers used by SAVWIPL (e.g., mapping service providers, or companies who assist SAVWIPL in conducting surveys and research to help SAVWIPL provide better products and services), Insurance Companies and authorities (e.g., police, fire department, emergency responders, etc.), or as may be required by law or reasonably required to perform the Contemplated Uses (e.g., in response to government issued subpoenas or court orders, or to outside attorneys or experts to assist in litigation resolution).
• We may use your information to inform you about offers and deals, new launches, information about products you have purchased, order and shipping status, as well as other promotional and informational content. We will provide you the option to opt-out of such services.
• Cookies may be used to provide a customized experience to our users such as identifying recently viewed items (of interest to the user) as well as implementing wish list and cart features.
• We may use IP address, traffic sources, user navigation across the site, browser and OS information etc. to measure overall site performance in terms of number of users, user engagement, time spent by users on the site etc.
• We may need to use information in case required in aspects such as legal disputes or other legal processes, Court orders, Judgments, decrees, comply with any statutory or regulatory requirement; troubleshoot problems; detect and protect against error, fraud and other criminal or illegal activity; collect fees owed; enforce our terms and conditions; prevent abuse of our services; prevent violation of the rights of third parties, other users or the general public
• Further, if you use Mobile Application Services that rely on information about your location, or route planning, you hereby agree and consent that SAVWIPL, the providers of such Mobile Application may transmit, collect, maintain, process and use your location data, including the real-time geographical location of your Internet-enabled device or your car, and to collect such data in a manner that personally identifies you and/or your Car, in order to provide you with the applicable Car Services.
• We may access, preserve and share your information in response to a legal request (like a search warrant, decree or court order) if we have a good faith belief that the law requires us to do so. This may include responding to legal requests from jurisdictions outside of the India where we have a good faith belief that the response is required by law in that jurisdiction, affects users in that jurisdiction, and is consistent with internationally recognized standards. We may also access, preserve and share information when we have a good faith belief it is necessary to: detect, prevent and address fraud, terrorism and other illegal activity; to protect ourselves, you and others, including as part of investigations; or to prevent death or imminent bodily harm. For example, we may provide information to third-party partners about the reliability of your account to prevent fraud and abuse on and off of our Services. Information we receive about you, including financial transaction data related to purchases made with us, may be accessed, processed and retained for an extended period of time when it is the subject of a legal request or obligation, governmental investigation, or investigations concerning possible violations of our terms or policies, or otherwise to prevent harm. We also may retain information from accounts disabled for violations of our terms for at least a year to prevent repeat abuse or other violations of our terms.
• SAVWIPL may also store/ continue to use the information/data generated during usage of this Application, post termination of the Services.
• Our selected Third party solution providers including Cloud service provider and MNO may use your "Personally Identifiable Information", for providing better user experience.
I, having fully read and understood the terms and conditions stated herein, do hereby give express consent to SAVWIPL to share my "Personal Identifiable information" with its affiliates and/or Third Party Service Providers for any purpose(s) and on such terms and conditions as agreed between SAVWIPL on one hand and its affiliates and/or Third Party Service Providers on the other hand. Under all circumstances, "the Personal Identifiable Information" so far as it relates to my debit and credit card details will not be shared by SAVWIPL with its affiliates and/or Third Party Service Providers save and except for the purpose of the Application.
Any "Personal Identifiable information" to be shared by SAVWIPL as aforesaid will be in compliance with applicable laws.
I hereby acknowledge and agree to use the Application, in consonance with the above terms & conditions; including updates thereof.
Welcome and Thank you for choosing the ““myAudi Connect ” (hereinafter referred to as the "Application"), mobile application, which consist of various features, supporting the ownership experience for your car, manufactured and sold in India by Audi India a division of ŠKODA AUTO Volkswagen India Private Limited(hereinafter referred to as "SAVWIPL").
This End User License Agreement (hereinafter referred to as the "EULA"), along with the Privacy Policy and Terms and Conditions of the Application, which are incorporated herein by reference, define the full agreement for use of the Application between you ("You" or "Your"), SAVWIPL and our various service providers.
As used in this EULA, the terms "you" and "your", which is binding shall be deemed to refer to any person or entity who has purchased or leased a Car equipped with Connect features, or uses as a driver or occupant (e.g., additional drivers, passengers) of your Car, the Application and/or has activated the Application.
Also, as used in this Agreement, the terms "we," "us," "our", “SAVWIPL." shall be deemed to collectively refer to the following persons/entities: (i) SAVWIPL, its affiliates, successors and assigns and SAVWIPL dealers in India; (ii) Service Providers, their affiliates, successors and assigns; and (iv) any employees, directors, officers, subcontractors, representatives and agents of any of the foregoing.
PLEASE READ ALL PAGES OF THIS EULA COMPLETELY BEFORE USING THE APPLICATION.
1. Application features:
The Application gives you access to interactive features and digital services, some of which are provided by third parties ("Third Party Service Providers"), that enhance your user experience and may utilize data collected from you or the Car.
Application provides information and services which help you to manage your plans and activities in real time.
This app is interlinked with other SAVWIPL Systems, Websites, Applications etc. without downloading / Linking these systems, the Application may not give the same results / provide the desired functionality.
2. Entering into a Binding Agreement
This EULA define the full agreement between You and SAVWIPL wherever applicable, the Third Party Service Providers for the use of the Application. This replaces any earlier agreements between You and SAVWIPL and/or the Third Party Service Providers (other than the applicable Privacy Policy, Terms of the Applications and consents provided by you) regarding the subject matter hereof. By downloading, installing, and/or using this Application on Your smart phone, other mobile device or computer ("Internet-enabled Device"), You shall be conclusively deemed to have accepted this EULA and entered into a binding agreement. If you do not agree to this EULA, do not download, install or use this application. This EULA do not create any fiduciary relationship, partnership relationship, principal and agent relationship, or employee and employer relationship between You and SAVWIPL or the Third Party Service Providers.
3. Representations about You
You represent that You reside in India, and You will use the Application in India only. You are at least eighteen (18) years of age, You further represent that you have the capacity and authority to enter into this EULA and related conditions You are only entering into this EULA on Your own behalf. If you are under eighteen (18) years of age, You further represent that Your parent or legal guardian has accepted this EULA on your behalf and that such parent or legal guardian has the capacity and authority to enter into this EULA.
4. User Account, Password, and Security:
a) SAVWIPL may make the Services available to You only if You have provided certain required User information and / or created an account ("Account") through SAVWIPL, password or other log-in ID and password (collectively, the "Account Information"). The Services may also be subject to procedures for use of the Application, Terms of Offer For Sale, uploaded guide, rules, additional terms of service, or other disclaimer & notices, if any ("Additional Terms"). If there is any conflict between the EULA of Use and the Additional Terms, the Additional Terms shall take precedence in relation to that service.
b) You will be responsible for maintaining the confidentiality of the Account Information, and are fully responsible for all activities that occur under Your Account. You agree to (a) immediately notify SAVWIPL of any unauthorized use of your Account Information or any other breach of security, and (b) ensure that You exit from Your Account at the end of each session. SAVWIPL cannot and will not be liable for any loss or damage arising from your failure to comply with these conditions. You may be held liable for losses incurred by SAVWIPL or any other user of or visitor to the Application due to authorized or unauthorized use of Your Account as a result of your failure in keeping Your Account Information secure and confidential.
c) You shall ensure that the Account Information provided by you at the time of registration is complete, accurate and up-to-date. Use of another user's Account Information for availing the Services is expressly prohibited.
d) If You provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or SAVWIPL has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, SAVWIPL has the right to suspend or terminate Your Account and refuse any and all current or future use of the Services (or any portion thereof).
e) You agree that it is Your responsibility to use the Application in a responsible manner, including abiding by all applicable laws and/or rules (including but not limited to any laws relating to use of mobile devices while driving). SAVWIPL encourages You to operate Your Car in a responsible manner and not to use the Application while operating the Car. SAVWIPL shall assume no responsibility in case you use this Application or operate smart phone while driving and met up with an accident.
f) You agree and understand that as SAVWIPL is only a facilitator and is not providing the service under the Agreement, you should not hold SAVWIPL responsible for the performance/ functioning of your mobile phone due to downloading or usage of this Mobile Application on your mobile.
g) You agree that you will only use the Application with respect to a Car that you own or are authorized to control.
h) We do not intend to collect information from children who are under 18 years of age. If You are under 18 years of age, You should not provide information in this Application and should ask Your parent to do so for You.
5. Usage License
SAVWIPL hereby grants You a non-exclusive, non-transferable license to download, install and use the Application in accordance with this EULA, subject to your acceptance of these Terms and Condition. You agree not to reproduce, redistribute or use this Application, or any part of it, by any means or for any purposes other than in accordance with this EULA. You agree that SAVWIPL retains all title and interest in this Application and services provided by them respectively. You agree not to remove, alter, or otherwise obscure any trademark, copyright or other proprietary rights notices contained within or displayed by this Application.
The Application can be replicated on up to 5 Mobile nos. of your Choice (Additional Users), You take full responsibility and liability of all the actions and inactions, of all such users, who will be authenticated by OTP from your Registered Mobile Number (RMN).
6. Third Party Services
Use of this Application requires the involvement of hardware, services, and applications and that were not developed by SAVWIPL that are not under the control of SAVWIPL such as Your Internet-enabled Device, Cloud storage and services the network provided by Your wireless or Internet service provider, Your browser, email and SMS programs, dialer and other applications. SAVWIPL cannot assure You that these third party hardware, services, and applications will function correctly with this Application, and expressly denies any liability related to the involvement and interaction with these third party hardware, services, and applications.
The functionality of the Application is dependent on certain third party services. You hereby agree to pay for necessary subscription charges and any hardware update charges, applicable from time to time, that may be necessary to continue to avail the Services under the Application. The Application heavily relies on the mobile data network provided by Mobile Network Operator (MNO); the quality of mobile network is critical for efficient functioning of the Application. Since mobile network is provided by external MNO, SAVWIPL shall not be held responsible for any Service issues, that are attributable to quality of mobile network provided by the MNO. All such claims be directly made against the concerned MNO.
7. Fees, Costs and Other Expenses
This Application makes use of a data network operated by Your wireless or Internet service provider to send data to Your Internet-enabled 'Device, Your Car, and our servers and call centers. Depending on Your data plan, You may incur charges from Your wireless or Internet service provider for use of its network and/or for specific services such as making phone calls, sending or receiving text messages and/or emails or other services. You are solely responsible for any and all costs You incur as a result of Your usage of this Application.
8. Links and External Websites
This Application may contain links to and from external websites. SAVWIPL make no representations whatsoever about any other website that You may have accessed from our websites or through this Application. SAVWIPL is not responsible for the privacy practices or content of those websites and expressly deny any liability whatsoever for use of such websites. It is up to You to take precautions to ensure that whatever You select for Your use is free of items of a destructive nature.
9. User Obligations
a) Subject to compliance with the EULA, Company grants You a non- exclusive, limited privilege to access and use the Application.
b) You agree to use the Services and the materials provided therein only for purposes that are permitted by: (i) the EULA; and (ii) any applicable law, regulation or generally accepted practices or guide in the relevant jurisdictions.
c) You agree to adhere to all limitations on dissemination, use and reproduction of any materials (such as the product catalogues) that you will access.
d) You agree not to access (or attempt to access) the Application and the materials or Services by any means other than through the interface that is provided by SAVWIPL. You shall not use any deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, hack, copy or monitor any Hardware, Application, Website or Content (as defined below), or in any way reproduce or circumvent the navigational structure or presentation of the Website, Application, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Application.
e) By accessing or using the Application or Services, You may be exposed to content from other users that you may consider offensive, indecent or otherwise objectionable. SAVWIPL disclaim all liabilities arising in relation to such offensive content on the Application / Website.
f) Our Services may allow you to post or upload files, data, comments or any other material. You hereby undertake to ensure that such material is not offensive and is in accordance with applicable laws. Further, You undertake not to:
i. Defame, abuse, harass, threaten or otherwise violate the legal rights of others;
ii. Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
iii. Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information through any bookmark, tag or keyword;
iv. In case of resale of vehicle SIM transfer will be responsibility of customer & not SAVWIPL as per the guidelines from Telecom Regulatory Authority of India (TRAI).
v. You agree to inform Audi Authorized Dealer / Customer care in writing about any resale or change of ownership
vi. Upload files that contain software or other material protected by applicable intellectual property laws unless You own or control the rights thereto or have received all necessary consents;
vii. Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Application / Website or other devices;
viii. Engage in any activity that interferes with or disrupts access to the Application / Website or the Services (or the servers and networks which are connected to the Application);
ix. Attempt to gain unauthorized access to any portion or feature of the Application or the Services, any other systems or networks connected to the Services, to any of our server, by any illegitimate means (including such as hacking and password mining);
x. Probe, scan or test the vulnerability of any portion of our Services or any network connected to the Services, nor breach the security or authentication measures on the Application / Website or any network connected to the Application / Website. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Application / Website , or any other customer of SAVWIPL, including any SAVWIPL Account not owned by You, to its source, or exploit the Application / Website or Services or information made available or offered by or through the Application / Website , in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information;
xi. Disrupt or interfere with the security of, or otherwise cause harm to, the Application / Website , systems resources, accounts, passwords, servers or vehicle or networks connected to or accessible through the Services or any affiliated or linked sites;
xii. Collect or store data about other users.
xiii. Use any device or software to interfere or attempt to interfere with the proper working of the Services or any transaction being conducted on the Services, or with any other person's use of the Services;
xiv. Use the Services or any material or Content for any purpose that is unlawful or prohibited by the EULA, or to solicit the performance of any illegal activity or other activity which infringes the rights of SAVWIPL or other third parties;
xv. Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
xvi. Violate any code of conduct or other guide, which may be applicable to the Services;
xvii. Violate any applicable laws or regulations for the time being in force within or outside India;
xviii. Violate the EULA including but not limited to any applicable Additional Terms; and
xix. Reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, images or software obtained from the Services.
xx. You agree that You are solely responsible to SAVWIPL and to any third party for any breach of Your obligations under the EULA and for the consequences for any such breach (including breaches if any of Additional Users).
10. Changes to the EULA and Privacy Policy
SAVWIPL reserve the right, in our sole discretion, to change this EULA and our Privacy Policy at any time. If You do not accept any updated EULA, Your access to the Application may be terminated immediately. We encourage You to review this EULA and our privacy policy often to make sure You understand how information You provide will be used.
11. Disclaimer of warranties; limitation on liability*
a) You expressly acknowledge and agree that use of this application is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with you. To the maximum extent permitted by applicable law, the application and information on the application is provided "as is" and "as available", with all faults and without warranty of any kind, and SAVWIPL hereby disclaims all warranties and conditions
b) With respect to the application and information on the application, either express, implied or statutory, including, but not limited to, the implied warranties and/or conditions of merchantability, satisfactory quality, fitness for a particular purpose, accuracy, quiet enjoyment, and non-infringement of third party rights. No oral or written information or advice given by SAVWIPL or an authorized representative shall create a warranty, and without limitation, SAVWIPL does not guarantee and disclaim any warranty regarding the accuracy of data provided by the application, such as map, estimated range, or other content or car information, SAVWIPL does not guarantee against loss of application data, which may be lost at any time; SAVWIPL do not guarantee that the services will be provided at all times or all services will be available or error free (e.g., services may be unavailable in your location, or may be suspended or interrupted without notice for repair, maintenance, security fixes, updates, etc.).
c) To the extent not prohibited by law, in no event shall SAVWIPL or its affiliates, or third party service providers be liable for personal injury, or any incidental, special, direct, indirect or consequential damages whatsoever, including, without limitation, damages for loss of profits, corruption or loss of data, failure to transmit or receive any data, business interruption or any other
d) SAVWIPL shall not be liable for any disturbance or black out in mobile network services provided by the MNO and cloud services of third party.
e) commercial damages or losses, arising out of or related to this agreement or your use of or inability to use this application or information on the application, however caused, regardless of the theory of liability (contract, tort or otherwise).
f) The maximum aggregate liability towards you under any theory (including but not limited to fraud, misrepresentation, breach of contract, personal injury, or product liability) is limited to the total amount paid by you for the portion of the connected car feature service giving rise to the claim during the 12 months preceding the date your claim arose.
17. Indemnity
You agree that you are responsible for any amount anyone else claims from SAVWIPL, Third Party Service Providers, or their officers, employees, affiliates and agents, plus any expenses, resulting from any claim, demand or action, regardless of the nature of the cause of the claim, demand, or action alleging loss, costs, expenses, damages, or injuries (including injuries resulting in death) arising out of or in connection with (1) Your use of the SAVWIPL Application, whether brought by You, Your employees, those claiming through You, or third parties, even if due to the sole negligence of SAVWIPL or the Third Party Service Providers; (2) claims for libel, slander, or any property damage, personal injury or death, arising out of or related in any way directly or indirectly to your use of the Mobile Application or the Connected Car Services; or (3) Your use, failure to use, or inability to use this Mobile Application or the Connected Car Services, except where the claims result from the gross negligence or willful misconduct of SAVWIPL or the applicable Third Party Service Provider.
12. YOUR INSURANCE OBLIGATIONS.
We are not an insurance company. You further promise that you shall obtain and maintain appropriate insurance covering personal injury, loss of property, and other risks. For yourself and for anyone else claiming under you, you hereby release and discharge us from and against all hazards covered by your insurance. No insurance company or insurer will have any right of subrogation against us.
13. TERM AND TERMINATION
This EULA become effective immediately upon downloading, installing or using this Application, whichever occurs first, and shall remain in effect until Your use of the Application is terminated, provided that the provisions of the EULA for which the heading is marked with an asterisk (*) shall survive any termination or expiration of this EULA and shall remain in effect indefinitely. You may terminate Your access to this Application at any time. Further, should You transfer Your Car, You agree to notify SAVWIPL. If You transfer Your Car and do not notify SAVWIPL, You shall remain responsible for all activities associated with the Car and this Application. SAVWIPL reserves the right to terminate this EULA at any time and for any purpose, or for no reason whatsoever, upon notice; except, if You breach this EULA, Your authorization to access or use this Application shall
automatically terminates and no notice shall be required for termination. Upon termination, Your right to use this Application shall cease.
14. Violation of the EULA of Use
SAVWIPL may, in their sole discretion and without prior notice, terminate Your access to the Website/the Application, if SAVWIPL determines that You have violated the EULA or Additional Terms. Any violation by You of the EULA will constitute an unlawful and unfair business practice, and will cause irreparable harm to SAVWIPL for which monetary damages is likely to be inadequate, and You consent to SAVWIPL obtaining any injunctive or equitable relief that SAVWIPL deems necessary or appropriate. These remedies are in addition to any other remedies SAVWIPL may have at law or in equity.
15. Intellectual Property
The text and images on this Application are the property of or are licensed by SAVWIPL or its affiliates or by the applicable Third Party Service Provider, and are subject to copyright and other intellectual property protection. SAVWIPL name and logos are registered trademarks of SAVWIPL or its affiliates. The trademarks and other SAVWIPL names, logos and service marks may not be modified, and they may not be used, downloaded, copied or distributed in any way except as an integral part of the authorized download, copy or transmission of materials in this Application. No license to use any SAVWIPL or Third Party Service Provider intellectual property, beyond that which is included in the Application itself under this EULA, has been granted by this EULA.
16. Entire Agreement; Dispute Resolution, Governing Law; Jurisdiction/Venue*
a) This EULA contain the entire understanding between SAVWIPL and the Third Party Service Providers and You with respect to the subject matter hereof, and may not be altered or waived except by a writing signed by all parties, or by You entering into another version of this EULA.
b) SAVWIPL make no representations that the information and materials contained within this Application are appropriate for locations outside India.
c) All rights that are not expressly granted under this EULA are reserved by SAVWIPL.
d) Any disputes with respect to usage of this Mobile Application, interpretation of terms and condition as contained in this agreement shall be resolved amicably. If the same is not resolved amicably then the same shall be referred to the Sole neutral Arbitrator appointed by SAVWIPL. The place of Arbitration shall be Mumbai only and the arbitration proceedings shall be governed as per the Arbitration and Conciliation Act, 1996 as amended up to date.
e) The Courts of Mumbai alone shall have the exclusive Jurisdiction to try and entertain all or any dispute between the parties arising therefrom.
17. Privacy Policy
SAVWIPL value the trust that you place in us. In turn, we guard that trust by respecting your privacy, particularly as it relates to maintaining the confidentiality of any personal information that we receive. Our Privacy Policy explains the types of information we collect through this Application, how we use it, and the circumstances under which we may share it. Privacy Policy is provided on behalf of SAVWIPL and applies to the use of this Application. Privacy Policy applies only to the customer and member information that we receive or transmit in connection with your use of this Application. Privacy Policy takes precedence over any previous privacy notices that SAVWIPL has issued related to this Application.
18. Collection and Use of Data
a) You understand that the Application may collect information that personally identifies you i.e. "Personally Identifiable Information". The Personally Identifiable Information is captured to help provide useful assistance and support for the owner/driver. When you use the Application, you voluntarily furnish Personally Identifiable Information.
b) We limit the Personally Identifiable Information we collect from you while using this Application to what is necessary to provide the Mobile Application Services, measure Application activity, improve the usefulness of the Application, administer our business, provide superior service, offer opportunities that we think would be of benefit to Car owners, develop future services and/or products, prevent fraud or misuse, as required by law (e.g., to respond to a subpoena), for dispute resolution, facilitate the provision of software updates, for product support, help protect the safety of You or others, protect our rights or property, verify compliance with this EULA, and other related uses we may develop ("Contemplated Uses"). "Personally Identifiable Information" or "Personal Information" refers to an individual's first and last name or last name and first initial in combination with other data elements such as non-truncated government identification numbers; at least two forms of biographical data (e.g. home address, telephone number, email address, mother's maiden name, date of birth); biometric data (e.g. fingerprint, retina scan); financial account information in combination with passwords or other account security data; and any combination of data elements that could allow access to any of the above described information.
c) When you subscribe to the Application, you provide Personally Identifiable Information including your name, address and vehicle details. SAVWIPL may use a Third Party Service Provider to process this information. In this case, SAVWIPL will require that such Third Party Service Provider agree to keep your Personally Identifiable Information confidential and use it only to provide the services that you request. All Personally Identifiable Information will be handed and shared in accordance with as applicable laws and necessary reasonable security practices have been implemented to maintain and protect such Personally Identifiable information or confidential information from unauthorized access, damage, use, modification, disclosure or impairment as may be specified in law.
d) In order to best serve your needs, we gather and retain the following information:
• Information we receive from you.
• Information about your use of the Application and the application environment, including the type of device and operating system used to access the Application, the data and time the Application is accessed, and the pages and functions of the Application that are used.
• Information we receive from Third Party Service Providers supplying the Mobile Application services.
• Information about your Car, such as your location, fuel level, and other Car status and diagnostic information.
• Aggregate information is the data we collect about a group or category of products, services or customers, from which individual customer identities or other Personally Identifiable Information has been removed. In other words, information about how You use a service may be collected and combined with information about how others use the same service, but no Personally Identifiable Information will be included in the resulting data. Likewise, information about the products you purchase may be collected and combined with information about the products purchased by others. Aggregate data helps us understand trends and customer needs so that we can better consider
• new products and services and tailor existing products and services to customer desires. Our definition of Personally Identifiable Information does not include "aggregate" information.
• You hereby consent to our collection of this information and the Contemplated Uses and you further agree and consent that SAVWIPL may share this information with its affiliates, Third Party Service Providers (e.g., roadside assistance providers and providers of services that enable remote access to your Car), service providers used by SAVWIPL (e.g., mapping service providers, or companies who assist SAVWIPL in conducting surveys and research to help SAVWIPL provide better products and services), Insurance Companies and authorities (e.g., police, fire department, emergency responders, etc.), or as may be required by law or reasonably required to perform the Contemplated Uses (e.g., in response to government issued subpoenas or court orders, or to outside attorneys or experts to assist in litigation resolution).
• We may use your information to inform you about offers and deals, new launches, information about products you have purchased, order and shipping status, as well as other promotional and informational content. We will provide you the option to opt-out of such services.
• Cookies may be used to provide a customized experience to our users such as identifying recently viewed items (of interest to the user) as well as implementing wish list and cart features.
• We may use IP address, traffic sources, user navigation across the site, browser and OS information etc. to measure overall site performance in terms of number of users, user engagement, time spent by users on the site etc.
• We may need to use information in case required in aspects such as legal disputes or other legal processes, Court orders, Judgments, decrees, comply with any statutory or regulatory requirement; troubleshoot problems; detect and protect against error, fraud and other criminal or illegal activity; collect fees owed; enforce our terms and conditions; prevent abuse of our services; prevent violation of the rights of third parties, other users or the general public
• Further, if you use Mobile Application Services that rely on information about your location, or route planning, you hereby agree and consent that SAVWIPL, the providers of such Mobile Application may transmit, collect, maintain, process and use your location data, including the real-time geographical location of your Internet-enabled device or your car, and to collect such data in a manner that personally identifies you and/or your Car, in order to provide you with the applicable Car Services.
• We may access, preserve and share your information in response to a legal request (like a search warrant, decree or court order) if we have a good faith belief that the law requires us to do so. This may include responding to legal requests from jurisdictions outside of the India where we have a good faith belief that the response is required by law in that jurisdiction, affects users in that jurisdiction, and is consistent with internationally recognized standards. We may also access, preserve and share information when we have a good faith belief it is necessary to: detect, prevent and address fraud, terrorism and other illegal activity; to protect ourselves, you and others, including as part of investigations; or to prevent death or imminent bodily harm. For example, we may provide information to third-party partners about the reliability of your account to prevent fraud and abuse on and off of our Services. Information we receive about you, including financial transaction data related to purchases made with us, may be accessed, processed and retained for an extended period of time when it is the subject of a legal request or obligation, governmental investigation, or investigations concerning possible violations of our terms or policies, or otherwise to prevent harm. We also may retain information from accounts disabled for violations of our terms for at least a year to prevent repeat abuse or other violations of our terms.
• SAVWIPL may also store/ continue to use the information/data generated during usage of this Application, post termination of the Services.
• Our selected Third party solution providers including Cloud service provider and MNO may use your "Personally Identifiable Information", for providing better user experience.
I, having fully read and understood the terms and conditions stated herein, do hereby give express consent to SAVWIPL to share my "Personal Identifiable information" with its affiliates and/or Third Party Service Providers for any purpose(s) and on such terms and conditions as agreed between SAVWIPL on one hand and its affiliates and/or Third Party Service Providers on the other hand. Under all circumstances, "the Personal Identifiable Information" so far as it relates to my debit and credit card details will not be shared by SAVWIPL with its affiliates and/or Third Party Service Providers save and except for the purpose of the Application.
Any "Personal Identifiable information" to be shared by SAVWIPL as aforesaid will be in compliance with applicable laws.
I hereby acknowledge and agree to use the Application, in consonance with the above terms & conditions; including updates thereof.