Terms of Use for the Audi Connect Service

CHAPTER 1 GENERAL PROVISIONS

Article 1 (Purpose)

The purpose of these terms of use (“Terms”) is to set forth all necessary matters related to the use of the Audi Connect Service provided by Audi Volkswagen Korea Co., Ltd. (“Company”) by users who have purchased vehicles capable of using the Audi Connect Service (“Vehicle”).

Article 2 (Definitions)

① Audi Connect Service: Telecommunications services provided by Company (“Service”) consisting of Infotainment Services mainly related to the provision of travel information, weather information, etc. and Car-related Services mainly related to the provision of services using vehicle information such as remote temperature control, vehicle location verification, and emergency call services.
② User: A customer who has purchased a vehicle sold by Company capable of using the Service and who has agreed to the terms of use and service agreement for the Service (“Agreement”) (excluding rental cars).
③ Secondary User: A person who is permitted to use the Service after completing a separate registration process and obtaining the approval of a duly registered User.
④ Vehicle Terminal Device: Connected Hardware installed in a Vehicle sold by Company in order to provide the Service.
⑤ Vehicle Registration Date: The date when new registration or amendment registration is completed in accordance with the Motor Vehicle Management Act and is recorded in the motor vehicle register.
⑥ Mobile Telecom Carrier: A mobile telecommunications carrier that has entered in an agreement with the Company for the provision of the Service.

Article 3 (Applicable Scope of these Terms)

① These Terms shall apply to the Service and any matters that are not prescribed herein shall be determined in accordance with relevant laws and regulations.
② Regarding matters related to mobile telecommunications services, these Terms shall apply with priority to any matters stipulated herein while the terms of use of the relevant Mobile Telecom Carrier shall apply to all other matters.

Article 4 (Specification and Amendment of these Terms)

① Company shall post the contents of these Terms on the website for the Service (i.e., my.audi.co.kr, the “Website”) so that User may view such information.
② The name, address and contact information of Company are as follows:
1. Company Name: Audi Volkswagen Korea Co., Ltd.
2. Address: 731, Yeongdong-daero, Gangnam-gu, Seoul, Republic of Korea
3. Phone: 02-6009-0000
③ In cases where Company revises these Terms, Company shall post the effective date of the revised terms and the reasons for such revision on the main page of the Website from at least ten (10) days prior to the scheduled effective date until the day before the effective date. If any revisions are disadvantageous to User, Company shall provide notice of such revisions on the main page of the Website at least thirty (30) days prior to their scheduled effective date and maintain such notice for a considerable period of time following the effective date. Further, separate notice of revisions shall be provided individually to User via electronic form (e.g., electronic mail).

Article 5 (Services Details)

① The Service provided by Company shall be as follows, provided, however, that depending on the type of vehicle purchased or the options that User has selected at the time of the purchase, the details of the Service may be different or the use thereof may be partially restricted.

Category

Item

Description

Car-related

Services

DWA Push

Provides the User with a push notification via an app when the vehicle’s anti-theft alarm is triggered

Remote Horn & Light

Allows the User to activate the horn and headlights via an app from a short distance to verify the location of the vehicle

Remote Auxiliary Heating

Allows the User to turn on the heater via an app prior to entering the vehicle (*only available on TDI models)

Geofencing

Informs the User when the vehicle leaves a pre-defined geofencing area

Curfew / Speed / Valet Alert

Informs the vehicle owner when the vehicle exceeds predefined time or speed limits

Audi Connect e-tron services

Connected service for electric cars (e.g., indicates battery charge status)

Remote Lock / Unlock

Allows the User to lock / unlock vehicle doors via an app

Car Finder

 

Allows the User to find the location of the vehicle in an outside parking lot

Vehicle Status Report

Allows the User to check the status of vehicle including the fuel level, door lock/unlock status, location information, etc.

E-Call (SOS-Call)

 

Enables call centers to recognize the occurrence of serious accidents (e.g., deployment of front passenger seat air bags) to the vehicle and to support contacting with the third party agency (e.g., ambulances) accordingly

Online Roadside Assistance

Enables call centers to recognize the location of vehicles and provide appropriate support (e.g., tow trucks) when vehicle owners connect to the call center after the occurrence of a vehicle malfunction or emergency situation

Audi Service Request

Enables service centers to recognize in advance when regular checkup sessions are due in order to provide support to the User (e.g., advance reservations)

Infotainment Services

Speed Cameras

Provides information on speed limit zones

Audi Connect e-tron charging stations

(In the case of electric cars) Provides information on locations of charging stations, etc.

Weather

Provides weather information for relevant areas

Travel Guide

Provides travel information including nearby tourist attractions

Wi-Fi Hotspot

Provides WiFi connection inside the vehicle upon insertion of driver’s personal SIM card or purchase of  a separate communications data package (*services may be provided differently depending on vehicle model)

Satellite Maps

Provides satellite or aerial map information

Fuel Price Information

Provides information on nearby gas stations and their operating hours and fuel prices

Online Radio

Radio broadcasting service via streaming (*available upon insertion of driver’s personal SIM card or purchase of  a separate communications data package - services may be provided differently depending on vehicle model)

Natural Wording Speech Dialog / POI Voice Search

Enables the use of vehicle’s infotainment system or navigation system through voice recognition

Connected Navigation

Navigation service which is linked with the server in real-time and provides functions such as travel route calculation via online and map data updates, etc.

Navigation Data Update

Provides updates on navigation data through the myAudi website (installed in vehicle using SD card)

Destination Entry

Enables the User to pre-enter navigation destinations via the myAudi website or an app

Traffic Information Online

Provides real-time traffic information

Parking Information

Provides information such as parking lots with vacancies, operating hours, parking fees, etc.

② The respective fees for the Service set forth in the preceding Paragraph ① shall be determined in accordance with Article 25 of these Terms..
③ In case there are considerable reasons, the Company may make changes to the Services, partially or entirely, as required by operational and technical needs.
④ For the avoidance of doubt, a Vehicle Terminal Device is designed to be used exclusively with the Vehicle and are not equipped with functions regular handsets such as smartphone devices offer.

Article 6 (Content and Procedure of Notification)

① Company may make changes to its key policies upon providing prior notice to User.
② For any prior notice to User, Company shall use one or multiple methods of providing notice, such as Website notification, electronic email, telephone, text message, etc.
③ In the event any changes are made to User’s contact information that was provided when he/she agreed to these Terms, User shall notify Company of such changes without delay. Company shall be deemed to have fulfilled its notice obligations after providing prior notice based on User’s data (e.g., address, contact information) in Company’s possession.

CHAPTER 2 Service Agreement

Article 7 (Meaning of Signature or Consent)

① In cases where User provides consent in his/her capacity as the representative of an organization, such consent shall be recognized as having been provided on behalf of the organization.
② By signing or consenting to these Terms, User agrees to accept the terms and conditions by which Company will provide the Service.
③ By checking “I agree” or “Confirm” after following procedures prescribed by Company such as identity authentication, User hereby provides his/her consent to these Terms.

Article 8 (Responsibilities and Obligations of User)

① The obligations related to use of the Service under relevant laws and regulations as well as all responsibilities and obligations stipulated in these Terms shall apply to User and Secondary User.
② User shall have fully read and understood the contents of these Terms. User shall ensure that Secondary User has also read and understood the contents stipulated herein and User shall provide assurance to Company of Secondary User’s compliance with these Terms.
③ All responsibilities concerning the use of the Service by a third party other than User and Secondary User shall be borne by User.
④ User shall fulfill each of the obligations set forth below in relation to the provision of the Service and Company shall not be liable for any damage arising from User’s failure to comply with any such obligation:
1. Provide immediate notice to Company of any changes to the ownership of the Vehicle resulting from a sale, etc. by indicating such changes on the Website;
2. Provide immediate notice to Company of any changes to User’s information (includes information of Secondary User) required for the provision of the Service;
3. Acknowledge that contents of the provided Service is legally protected by copyright, trademark or patent and refrain from arbitrarily copying, storing, reproducing, distributing, displaying, or publishing such contents; and
4. Maintain the confidentiality of any information related to the Service such as Service registration information (various documents, PIN, vehicle codes, etc.) and password settings or changes in order to ensure the safe use of the Service. If a third party requests to use the Service after providing User’s personal information including User’s password, Company shall regard such requests as having been made with the consent of User after the sharing of his/her personal information with the third party. Company shall not be liable for any damage suffered by User in such cases.

CHAPTER 3 USE OF THE SERVICE

Article 9 (Methods for Requesting to Use the Service)

① A request to use the Service may be made as follows:
1. User shall be deemed ready to use the Service when he/she has purchased a Vehicle and completed required procedures such as user registration, vehicle registration, identity authentication, and selection of specific services on the Website.
2. After completing the procedures set forth in the preceding Paragraph ①, User must complete user registration and enter his/her PIN through the Vehicle’s MMI (Multi Media Interface) system in order to commence use of the Service.
② If a third party effects payment of service fees for the Service, Company may contact such third party via telephone or written methods to verify consent therefore.

Article 10 (Restriction of Approval for a Request to Use the Service)

① Company may postpone its approval for a request to use the Service in any of the following cases:
1. Where an application to use the Service contains any false entries or has been submitted with false documentation;
2. Where Company determines there is a concern that public order or morals may be disrupted;
3. Where a violation of telecommunications related laws and regulations has occurred; or
4. Where an individual unfit to use the Service (e.g., minor, lacking a driver’s license, etc.) has made a request.
② Company shall approve requests if and when the reason for postponing its approval in the preceding Paragraph ① has been resolved.
③ Company may also postpone its approval for a request to use the Service if it is technically difficult to provide the Service.

Article 11 (Commencement Date of the Service)

The commencement date of the Service shall refer to the date when the Service becomes available to User after he/she has completed registration for the Service.

Article 12 (Suspension of Use)

① Company may immediately suspend User’s use of the Service in any of the following cases:
1. Where a violation of Article 30 (Restrictions on Use by Third Parties) of the Telecommunications Business Act has occurred;
2. Where a violation of Article 19 (Establishment of Radio Stations through Authorization, etc.) of the Radio Waves Act has occurred; or
3. Where User has registered for the Service using another person’s name or has used another person’s bank account or credit card information.
② In the event Company intends to suspend its provision of the Service pursuant to the preceding Paragraph ①, Company shall provide notice to User regarding the reasons therefor, date, and duration of such suspension at least thirty (30) days prior to the scheduled suspension date.
③ In the event User objects to a suspension notice provided by Company pursuant to the preceding Paragraph ②, User may indicate his/her objection through person, telephone, or fax.
④ Company shall cancel its suspension of the Service if and when the reason therefor in the preceding Paragraph ① has been resolved.

Article 13 (Temporary Suspension of the Service)

① Company may temporarily suspend the provision of the Service in any of the following cases:
1. Where an event such as a periodic system maintenance inspection, facility replacement or breakdown, communications failure has occurred;
2. Where Company is unable to provide the Service due to a fire, power outage, etc.;
3. Where Company is unable to provide the Service due to a force majeure event such as an earthquake, flood, etc.;
4. Where Company is unable to provide the Service due to a war, riot, civil unrest, labor dispute, etc.;
5. Where telecommunications service has been suspended by a Mobile Telecom Carrier;
6. Where a communications failure has occurred in the Vehicle Terminal Device; or
7. Any other case where Company deems it necessary to temporarily suspend the Service due to an operational or technical reasons.
② Company may wholly or partially restrict or suspend the Service in cases where the normal provision of the Service is impossible due to a national emergency, power outage, failure of facilities or equipment, or a sudden increase in the use of the Service.
③ Company may divide the Service into specific domains and make separate adjustments to the available usage time for each domain.

Article 14 (Measures in the Event Service is Suspended and Agreement is Terminated)

① Company shall endeavor to ensure that the Service is provided without suspension, and provide prior notice to User if the Service becomes suspended in accordance with Article 6 of these Terms; provided, however, that provision of the Service may be temporarily suspended or delayed without prior notice in cases where unforeseen circumstances such as a war, riot, fire, power outage, or natural disaster have occurred.
② In the event the Service is suspended or discontinued due to a cause attributable to Company, Company shall provide notice of such fact to User at least thirty (30) days prior to the scheduled date of suspension or discontinuation.

Article 15 (Deletion of User’s Information, etc.)

① User may delete User information and Secondary User information registered in the Vehicle Terminal Device by following the instructions provided in the vehicle manual.
② Information which has been deleted pursuant to the preceding Paragraph ① may be restored by following the instructions provided in the vehicle manual.
③ In the event User sells the Vehicle or transfers ownership of the Vehicle to another person (e.g., used-car sale, etc.), User information and Secondary User information registered in the Vehicle Terminal Device must be deleted. Company shall not be liable for any damage incurred by User due to his/her failure to perform the foregoing procedure.

CHAPTER 4 MODIFICATION AND TERMINATION OF AGREEMENT

Article 16 (Termination of Agreement)

① If User intends to stop using the Service during the period it is provided free of charge in Article 5 of these Terms, User may terminate his/her use of the Service by following the instructions provided in the vehicle manual.
② In the event User uses the Service pursuant to the purchase of a separate license after the period it is provided free of charge in Article 5 of these Terms has expired, User shall comply with procedures prescribed by Company through a separate manual such as deleting information related to the Service such as User and Secondary User personal information stored in the Vehicle Terminal Device in accordance with instructions provided in the vehicle manual.
③ In the event User transfers title to a Vehicle equipped with a Vehicle Terminal Device to a third party through a sale, etc., User shall terminate the Agreement. User shall be liable for any damage that arises due to his/her failure to terminate the Agreement despite the transfer of title of such Vehicle to a third party.
④ Company may terminate the Agreement at its discretion in any of the following circumstances:
1. Where it has been confirmed that subscription for the Service was made by using another person’s name or submitting false documents;
2. Where User (including Secondary User) is in breach of his/her obligations under these Terms; or
3. Where User or Secondary User interferes with the provision of the Service due to an unjustifiable reason (such as malicious abuse of the Service).
⑤ User may seek remedial measures available under law in the event Company terminates the Agreement pursuant to the preceding paragraph ④. However, User shall be liable for all relevant costs and expenses if such termination is determined to be attributable to User (or Secondary User).
⑥ In the event Company decides to terminate the Agreement pursuant to the preceding paragraph ④, Company shall provide notice to User of the reasons for such termination at least fourteen (14) days prior to the scheduled termination date in accordance with methods prescribed under Article 6 of these Terms.
⑦ In the event Company decides to make changes to its key policies after providing prior notice to User pursuant to Article 6 of these Terms, User shall be permitted to terminate the Agreement in accordance with the preceding Paragraph ① or ② within fourteen (14) days of the prior notice or before the effective date of such changes if he/she objects thereto.
⑧ User will not be charged any service fees during the period when the Service is provided free of charge under Article 5 of these Terms. Therefore, Company shall not be responsible for a refund of any service fees upon the termination of the Agreement during the above period.
⑨ User shall not be entitled to request payment for the cost of a Vehicle Terminal Device due to the termination of the Agreement.
⑩ Company shall process any request for termination made by User in the preceding Paragraph ② on the same day of such request. However, in the following circumstances, Company shall be permitted to terminate the Agreement on the next business day or when the reason preventing termination has been resolved. In such cases, User shall be responsible for payment of any additional fees for the Service that arise due to the foregoing termination:
1. Where User requests termination after Company’s regular business hours;
2. Where any documents required for termination are unavailable at the time of termination or if any information required for the termination application form has been omitted and it is difficult to supplement such information on the same day; or
3. Where an individual other than User requests termination on behalf of User and it is impossible to verify through telephone or writing as to whether User has consented to such termination.

CHAPTER 5 CONDITIONS FOR USE OF THE SERVICE

Article 17 (Conditions of Using Mobile Telecommunications)

Since the Service shall be provided through a mobile telecommunications network, unavoidable circumstances such as a delay, temporary suspension, or a failure in the provision of the Service may occur due to the physical limitations of the mobile telecommunications network or changes in the business operations or policies of the Mobile Telecom Carrier. In such cases, Company shall not be liable for any resulting damage unless gross negligence or intent can be attributed to Company.

Article 18 (Conditions of Using Vehicle Terminal Device)

① The Vehicle Terminal Device has been separately manufactured to enable the provision of services related to automobiles and is not intended to provide services offered by Mobile Telecom Carriers and functions related to mobile phones such as smartphones.
② The Service may be unavailable if any of the following events occur to the Vehicle Terminal Device and Company shall not be liable for any damage in such cases unless negligence or intent can be attributed to Company.
1. Reasons attributable to the insufficient management and maintenance of User (e.g., battery discharge, disconnection, antenna damage, etc.);
2. Malfunction occurs in the Vehicle Terminal Device due to modifications (e.g., removal, disassembly, reassembly, mounting) made thereto at a location other than a location designated by Company;
3. Power supply to the Vehicle Terminal Device is interrupted due to the occurrence of a natural disaster such as a flood or earthquake;
4. Vehicle enters a wireless dead zone where communications are not available or areas with weak signal reception; or
5. Malfunction occurs in the Vehicle Terminal Device due to the installation of an external device (e.g., black box) onto the Vehicle.

Article 19 (Conditions of Global Positioning System)

① The Service is provided using a Global Positioning System operated by the U.S. Government free of charge. In the event any malfunctions or service interruptions occur in the above system, accurate location tracking may become impossible and the Service will be detrimentally affected as a result.
② In the event the U.S. Government decides to charge fees for the use of its Global Positioning System or prohibits the commercial use thereof, Company reserves the right to change its policy for the Service accordingly.
③ User acknowledges that an occurrence of an event in the preceding Paragraph ② shall be deemed a force majeure event and that Company shall be exempted from any liability due to its failure to provide the Service in such cases.

Article 20 (Conditions of Service Provision)

Company will not be able to provide emergency rescue services in the following circumstances and Company shall not be liable for any damage in such cases:
1. In the event airbags have failed to deploy during an accident described in the vehicle manual; or
2. In the event airbags have deployed during an accident described in the vehicle manual but power supply to the Vehicle Terminal Device has been interrupted due to severe impact to the vehicle battery causing damage thereto or detachment thereof.

Article 21 (Terms for Information Renewal)

① Traffic information is provided through the process of collecting, processing, and transferring the relevant information and thus, provided information may be different from the actual information of the time the Service is provided.
② Road information is provided through the process of onsite inspection, system application, and optimization of relevant information and thus, provided information may be different from the actual information of the time the Service is provided.
③ Various additional information content is provided after undergoing regular and irregular updates and thus, provided information may be different from the actual information of the time the Service is provided.
④ Provision of additional information content in the preceding Paragraphs ① through ③ may be temporarily suspended, delayed, or become unavailable due to circumstances affecting Company.

Article 22 (Terms for Assistance provided by Associated Agencies)

① Certain parts of the Service (e.g., E-Call, Online Roadside Assistance, etc.) are provided through associated agencies and thus, any matters related to response measures following dispatch shall be the sole responsibility of such associated agencies.
② Certain parts of the Service (e.g., E-Call, Online Roadside Assistance, etc.) may become unavailable due to force majeure events such as service interruption in areas affected by accidents or in remote regions such as islands and mountains.
③ Certain parts of the Service (e.g., E-Call, Online Roadside Assistance, etc.) are provided through associated agencies and thus, User may need to pay additional fees in the event associated agencies charge additional fees for such services.
④ Any matters related to parts of the Service that are provided through associated agencies and that are not otherwise prescribed herein shall be governed by separate terms and conditions prescribed by Company or associated agencies.

Article 23 (Terms for Operating Customer Service Center)

① The customer service center shall promptly and diligently respond to any complaints related to the Service raised by User and Secondary User.
② The customer service center may be delayed or unable to respond to complaints during sudden increases in the demand for the Service, temporary network or service interruptions, etc., and Company shall not be liable for a failure to respond to complaints in such cases.

Article 24 (Suspension and Restriction of Certain Functions While Driving)

① Provision of certain parts of the Service may be restricted while driving in order to prevent the Vehicle Terminal Device from operating in a manner which may interfere with the safe driving of the Vehicle.
② Company shall not be responsible for any problems arising from random operation of the Vehicle Terminal Device using functions which have not been designated by the Company.

CHAPTER 6 FEE POLICY

Article 25 (Fee Policy)

① Among the Car-related Services set forth in Article 4 of these Terms, E-Call and Online Roadside Assistance shall be provided free of charge for a period of ten (10) years from the Vehicle Registration Date. Other Car-related Services and Infotainment Services shall be provided free of charge for a period of three (3) years from the Vehicle Registration Date after which point such services shall be provided as paid services upon the request of User. The Vehicle Registration Date shall remain the same regardless of subsequent changes in the ownership of the Vehicle. For instance, the new owner of the Vehicle shall be required to pay for Infotainment Services if the previous owner has already received such services free of charge for a period of 3 years from the Vehicle Registration Date. In addition, Wi-Fi Hotspot or Online Radio services shall only be available through the insertion of User’s personal SIM card or the purchase of a separate communications data package (services may be provided differently depending on vehicle model).
② Separate fees shall not be charged for any parts of the Service that are provided free of charge.
③ Upon expiration of the free service period, further service shall only be available after the purchase of a service extension package (service fees shall be charged at a flat rate without regard to the frequency of use).

Article 26 (Method for Calculating Fees)

Company shall disclose on the Website detailed information related to the methods for calculating fees, payment deadlines, payment methods, refund of payments, etc. for service extension packages pursuant to Article 25.3 of these Terms.

CHAPTER 7 LIABILITY

Article 27 (Liability)

① Company shall not be liable for any damage suffered by User while using the Service unless such damage is attributable to the intent or gross negligence of Company.
② Company shall be entitled to seek compensation against User in the event it suffers damage arising from User’s breach of these Terms or User’s illegal/unlawful acts.
③ The Company shall not be held liable for User’s indirect damage due to his/her inability to use the Service in the following cases:
1. Loss of sales incurred by using the Service;
2. Loss of sales incurred by a failure to use the Service; or
3. Any and all indirect damage incurred by using the Service.

Article 28 (Warranty)

① Company shall be responsible for providing warranty coverage for the Vehicle Terminal Device for a period of three (3) years from the Vehicle Registration Date under the same terms and duration as the warranty coverage for the Vehicle. The details of the warranty provided under this Article shall be addressed by separate vehicle purchase agreement entered into between the User and the Company.
② Company shall not provide any separate warranty for the performance of tasks carried out by Mobile Telecom Carriers, content providers, providers of emergency services, and any associated agencies for the purpose of providing the Service.

CHAPTER 8 DISPUTE RESOLUTION

Article 29 (Handling of Complaints)

① Company operates a customer service center to facilitate the smooth operation of the Service and to promptly respond to complaints raised by customers.
Contact information: 080-767-2834
Operating hours: 08:00 ~ 21:00 (throughout the year)
② Any complaints raised by User may be reported to the customer service center.

Article 30 (Jurisdiction and Governing Law)

① Any lawsuit involving a dispute between Company and User shall be subject to the exclusive jurisdiction of the district court sitting in the territory of User’s address at the time the lawsuit is filed. If such address is not available, the district court sitting in the territory of User’s place of residence shall have exclusive jurisdiction. Provided, however, that the foregoing shall not apply in cases where User’s address or place of residence is unknown at the time the lawsuit is filed.
② Any lawsuit involving a dispute between Company and User shall be governed by the laws of the Republic of Korea.

CHAPTER 9 PROTECTION AND UTILIZATION OF PERSONAL LOCATION INFORMATION

Article 31 (Establishment and Implementation of Security Measures for Personal Location Information)

Company shall establish and implement a security policy for the personal location information of User and Secondary User in accordance with relevant laws and regulations in addition to the Terms of Use of Location-based Services for the Audi Connect Service and the Terms of Use of Location Information Business for the Audi Connect Service.

SUPPLEMENTARY PROVISION

(Enforcement Date)

These Terms shall become effective from September 1, 2018.