Porsche Cars Australia Pty Ltd of 109-111 Victoria Parade, Collingwood 3066 Victoria, Australia (“PCA” or “we”) provides the Customers with (a) the My Porsche Portal (“My Porsche”), (b) the Porsche Connect Store (“Store”), (c) vehicle related services, especially information services (“Porsche Connect Services”) (My Porsche, Store and Porsche Connect Services together “Services”) and (d) possible further products and services (“Porsche Products”).
These Terms and Conditions (“T&C”) apply for your use of My Porsche, the Store and the booking and use of Porsche Connect Services as well as the purchase and possible use of Porsche Products as Customer of PCA (that is as a primary user, a secondary user and an interested party within the meaning of these T&C). PCA offers a selection of different services and products. For such additional conditions may apply in certain cases.
1.1 In order to provide the Customer with the Services and selected Porsche Products, the conclusion of a Porsche ID-Contract entered into between the Customer and PCA is necessary. The Porsche ID-Contract is concluded (a) in connection with the vehicle purchase by incorporating these T&C into the separate vehicle purchase agreement, or (b) by acceptance through registration on My Porsche or (c) by acceptance at the time of booking one or several Porsche Connect Services in the Store as a framework agreement for the provision, use and booking of Services. The Porsche ID Contract alone (that means without any booking of Porsche Connect Services or without any purchase of Porsche Products) does not impose any purchase obligation and/or payment obligation on the Customer.
1.2 The content of the Porsche ID-Contract is determined by these T&C, in each case in their most recent version at the time of the conclusion of the Porsche ID-Contract. If PCA amends these T&C after the conclusion of a Porsche ID-Contract, the changes will be valid as of acceptance by the Customer.
1.3 The Customer is obliged (a) to provide accurate and truthful information about his/her person at the time of registration on My Porsche and (b) in case of respective changes to correct without undue delay the information on My Porsche insofar such information are mandatory for the performance of the Porsche ID-Contract. Such mandatory information are marked as such when requested on the Portal and the Store.
2.1 Primary users in relation to a connectable vehicle (that is a Porsche with which Porsche Connect Services may be used) is the Customer who is (a) the owner, (b) the keeper of the vehicle and/or (c) a member of a user group which is explicitly permitted by PCA as the primary user (in particular lessees or employees which are provided with a company car). A connectable vehicle has exactly one primary user. For a primary user the complete scope of functions of My Porsche, the Store and the booked Porsche Connect Services is available.
2.2 Secondary users in relation to a connectable vehicle is a Customer, who is not a primary user but who is authorised as secondary user by the primary user and who has concluded a Porsche ID-Contract. The scope of functions of My Porsche, the Store and the booked Porsche Connect Services depends on the scope of rights granted by the primary user and/or the system to the secondary user.
2.3 Interested party is a Customer who is neither primary nor secondary user in relation to at least one connectable vehicle (in particular a potential purchaser of a connectable vehicle). If at all, My Porsche with limited scope of functions is provided to an interested party (in particular the booking and configuration of Porsche Connect Services is not possible).
3.3 The Porsche Connect Services booked by the relevant Primary User are vehicle-bound and may not be transferred to another connectable vehicle or be used in another connectable vehicle. This also applies if the Primary User of the respective connectable vehicle is also a Primary User of another connectable vehicle at the same time.
3.4 Customers may view on My Porsche whether and if so which vehicles are linked with their Porsche ID-Contract (“Vehicle Link”) and for which Vehicle Link they are defined as Primary or Secondary Users. If a respective Vehicle Link is not displayed to a Primary User on My Porsche, the primary user may request on My Porsche or through a Porsche Centre the set-up of the respective Vehicle Link on My Porsche. The set-up of the respective Vehicle Link can be made subject by PCA to the provision of appropriate proof and in case of a used vehicle subject to the deletion of the relevant Vehicle Link by the previous Primary User according to paragraph 6.1(1).
4.1 The Customer may not use the Services for illegal purposes and the Customer will not permit that third parties will do so. The Customer is not entitled to process the data and information received during the use of the Services for business purposes or to disclose such data and information to any third parties for business purposes.
5.3 Please note that the purchase of Porsche Products may be subject to other and farther-reaching conditions. Insofar this is the case, we will expressly indicate this prior to the purchase.
6.1 In case of sale or permanent transfer of a connectable vehicle to a third party (“Used-Car Purchaser”) the Primary User has (1) to delete the respective Vehicle Link on My Porsche and (2) to inform the Used-Car Purchaser on any existing Porsche Connect Services for the respective connectable vehicle.
6.2 In case of sale or permanent transfer of a connectable vehicle, the Primary User - in addition to his/her termination rights pursuant to paragraph 7 (1) may terminate all Porsche Connect Services concerning the relevant vehicle and (2) in case that no further vehicle is linked to the Porsche ID-Contract, may also terminate the Porsche ID-Contract as a whole with a 2 weeks’ notice to the end of the month. Insofar as a Porsche Connect Service is terminated before the end of its term pursuant to paragraph 1, there will be no reimbursement (not even proportionally) of the respective made payment. The Used-Car Purchaser may however make use of the remaining term if he/she concludes a Porsche ID-Contract and books the respective Porsche Connect Service. The primary user is free to make an arrangement with the Used-Car Purchaser with respect to a possible compensation in the amount of the remaining value of the Porsche Connect Services.
6.3 A Porsche ID-Contract existing with a Customer may not be transferred to a third party without PCA's approval.
7.1 The Primary User and PCA may terminate a free of charge Porsche Connect Service without an agreed minimum term (that is a Porsche Connect Service for which no minimum term is agreed; see insofar paragraph 7.2) with a 2 weeks’ notice to the end of the month.
7.3 The Customer and PCA may terminate the Porsche ID-Contract as a whole at any time, in case no vehicle is linked to the Porsche ID-Contract.
7.4 The Customer and PCA may terminate the Porsche ID-Contract with a 2 weeks’ notice to the end of the month. The Porsche Connect Services will in any case be provided to the Customer subject to the respective applicable numbers of these T&C until the end of the respective term or their termination pursuant to paragraphs 7.1 to 7.3.
7.5 The termination pursuant to paragraph 6.2 as well as paragraphs 7.1 to 7.4 may be made in writing, via email or via the Portal as follows. With respect to paragraph 7.2 via the function "Terminate Automatic Prolongation"; with respect to paragraph 7.3 via the function "Delete Account".
7.6 A right of termination for cause remains unaffected by the aforementioned provisions.
The statutory provisions regarding defects apply.
9.1 PCA accepts no liability for the accuracy and actuality of data and information provided via the Services by third parties.
9.2 The personal liability of statutory representatives, agents and employees of PCA for damages is limited to the extent permitted by law.
Further, PCA and various third parties may be able to track and monitor the vehicle’s location using the SIM and/or GPS functionality (where available on the vehicle).
Unless otherwise stated, this tracking will start immediately and will be continuous and ongoing.
You consent to this tracking and warrant and must ensure that all drivers or users of the vehicle are aware of this location tracking and consent to it also. We rely on this consent for the purposes of provision of the services to you and any other driver or user of the vehicle.
11.1 Melbourne, Australia is the exclusive forum for all disputes arising from contractual agreements entered into between the Customer and PCA.
11.2 For all disputes arising from or in relation to this contractual agreement, Australia law applies under the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG). The statutory provisions limiting the choice of law and in particular the application of statutory laws of the country, in which the Customer as a consumer has its habitual residence, remain unaffected.
11.3 Information regarding the online dispute resolutions for consumer disputes or regarding alternative dispute resolution for consumer disputes can be found at https://www.oaic.gov.au/.