Terms and Conditions for the Porsche Connect Portal, the Porsche Connect Store and the Porsche Connect Services as well as Porsche Products
(hereafter referred to as T&C)
Porsche Connect Canada Ltd., 165 Yorkland Boulevard, Unit 150, Toronto, ON M2J 4R2, Canada (hereafter referred to as Porsche Connect or We) provides customers (each a Customer; collectively, the Customers) with (a) the Porsche Connect Portal (hereafter referred to as Portal), (b) the Porsche Connect Store (hereafter referred to as Store), (c) vehicle related services, especially information services (hereafter referred to as Porsche Connect Services) (Portal, Store and Porsche Connect Services hereafter together referred to as Services) and (d) possible further products and services (hereafter referred to as Porsche Products).
These T&C apply to your use of the Portal, 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 Porsche Connect (that is, as a Primary User, a Secondary User or an Interested Party as these terms are defined in these T&C). Porsche Connect offers a selection of different services and products. For such services and products, additional conditions may apply in certain cases.
1. Porsche ID-Contract
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 Porsche Connect 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, (b) by acceptance through registration on the Portal 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 Porsche Connect 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 the Portal and (b) in case of any changes to such information, correct without undue delay the information on the Portal insofar as such information is mandatory for the performance of the Porsche ID-Contract. Such mandatory information is marked as such when requested on the Portal and the Store.
2. Primary and Secondary Users, Interested Parties
2.1 A Primary User in relation to a Connect-able 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 Porsche Connect to be the Primary User (in particular lessees or employees which are provided with a company car). A Connect-able vehicle has exactly one Primary User. For a Primary User the complete scope of functions of the Portal, the Store and the booked Porsche Connect Services is available.
2.2 A Secondary User in relation to a Connect-able vehicle is a Customer, who is not a Primary User but who is authorized as a secondary user by the Primary User and who has concluded a Porsche ID-Contract. The scope of functions of the Portal, 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 An Interested Party is a Customer who is neither a Primary nor Secondary User in relation to at least one Connect-able vehicle (in particular, a potential purchaser of a Connect-able vehicle). A limited scope of functions of the Portal may be provided to an Interested Party (in particular the booking and configuration of Porsche Connect Services is not possible).
3. Booking of Porsche Connect Services
3.3 The Porsche Connect Services booked by the relevant Primary User are vehicle-bound and may not be transferred to another Connect-able vehicle or be used in another Connect-able vehicle. This also applies if the Primary User of the respective Connect-able vehicle is also a Primary User of another Connect-able vehicle at the same time.
3.4 Customers may view on the Portal whether and if so which vehicles are linked with their Porsche ID-Contract (hereafter referred to as Vehicle Link) and for which Vehicle Link they are defined as a Primary User or a Secondary User. If a respective Vehicle Link is not displayed to a Primary User on the Portal, the Primary User may request on the Portal or through a Porsche Center the set-up of the respective Vehicle Link on the Portal. The set-up of the respective Vehicle Link can be made by Porsche Connect subject to the provision of appropriate documentation and in case of a used vehicle subject to the deletion of the relevant Vehicle Link by the previous Primary User according to bullet (1) of Section No. 6.1.
4. Use of Services
4.1 The Customer may not use the Services for illegal purposes and the Customer will not permit third parties to 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.
4.2 The Customer acknowledges that in connection with the use of Services certain data - potentially also personal data - will be collected in order to provide the Services to the Customer. It may for example be necessary depending on the booked Porsche Connect Service for the provision of the respective Porsche Connect Service to collect the status of certain parts or to collect data on the environment and to analyze such data. For these purposes, such data may also be transferred to other Porsche entities and other third parties that are engaged by Porsche Connect or other Porsche entities in this context.
5. Purchase of Porsche Products
5.3 Please note that the purchase of Porsche Products may be subject to additional and farther-reaching conditions. Insofar as this is the case, we will expressly indicate this prior to the purchase.
6. Sale and/or permanent transfer of the vehicle; Transfer of the Porsche ID-Contract
6.1 In case of the sale or permanent transfer of a Connect-able vehicle to a third party (hereafter referred to as Used-Car Purchaser) the Primary User has (1) to delete the respective Vehicle Link on the Portal and (2) to inform the Used-Car Purchaser of any existing Porsche Connect Services for the respective Connect-able vehicle.
6.2 In case of the sale or permanent transfer of a Connect-able vehicle, the Primary User - in addition to his/her termination rights pursuant to Section No. 7 - (1) may terminate all Porsche Connect Services concerning the relevant vehicle and (2) in case no further vehicle is linked to the Porsche ID-Contract, may also terminate the Porsche ID-Contract as a whole with at least 2 weeks prior written notice before the end of the month, with such termination to come into effect at the end of the month or, if written notice is given less than 2 weeks prior to the end of the month, the termination will come into effect at the end of the following month. Insofar as a Porsche Connect Service is terminated before the end of its term pursuant to the previous sentence, 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 Porsche Connect's approval.
7. Term and Termination of the Porsche ID-Contract and the Porsche Connect Services
7.1 The Primary User and Porsche Connect may terminate a Porsche Connect Service provided free of charge and for which no minimum term is agreed (see Section No. 7.2 below) with at least 2 weeks prior written notice before the end of the month, with such termination to come into effect at the end of the month or, if written notice is given less than 2 weeks prior to the end of the month, the termination will come into effect at the end of the following month.
7.3 The Customer and Porsche Connect 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 Porsche Connect may terminate the Porsche ID-Contract with at least 2 weeks prior written notice before the end of the month, with such termination to come into effect at the end of the month or, if written notice is given less than 2 weeks prior to the end of the month, the termination will come into effect at the end of the following month. The Porsche Connect Services will in any case be provided to the Customer subject to the respective applicable sections of these T&C until the end of the respective term or their termination pursuant to Section Nos. 7.1 to 7.3.
7.5 The termination pursuant to Section No. 6.2 as well as Section Nos. 7.1 to 7.4 may be made in writing, via email or via the Portal as follows.
With respect to Section No. 7.2 via the function "Terminate Automatic Prolongation";
With respect to Section No. 7.3 via the function "Delete Account".
7.6 A right of termination for cause remains unaffected by the aforementioned provisions.
8.1 Porsche Connect accepts no liability for the accuracy and actuality of data and information provided via the Services by third parties. To the fullest extent permitted by applicable law, Porsche Connect excludes and disclaims any and all warranties, conditions and representations of any kind, express or implied, in respect of the Services and Porsche Products.
8.2 The limitation of liability set out above shall not apply to damages caused intentionally or by gross negligence, culpably caused personal injuries, or any other circumstance where liability may be mandatory under applicable law. Furthermore, it shall not apply if and to the extent Porsche Connect has assumed a guaranty.
9. Data protection
10. Final provisions
10.1 The courts and tribunals located in Mississauga or Toronto, Ontario shall be the exclusive forum for all disputes arising from contractual agreements entered into between the Customer and Porsche Connect. Notwithstanding the above, Porsche Connect shall in all cases be entitled to seek any equitable and injunctive relief from any court of competent jurisdiction.
10.2 For all disputes arising from or in relation to this contractual agreement, Ontario law and the federal laws of Canada applicable therein shall apply without regard to the conflict of law principles and provisions thereunder.
10.3 No waiver of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If for any reason a court of competent jurisdiction finds any provision or portion of these terms and conditions to be unenforceable, the remainder of these terms and conditions will continue in full force and effect.
10.4 Customer represents and warrants that: (i) Customer has the capacity to enter into a legal agreement in the province, state, territory or country in which Customer resides; and (ii) Customer's access or use of the Services or Porsche Products will not violate any applicable law or regulation in the province, state, territory or country from which Customer is accessing or using the Services or Porsche Products.
10.5 If Porsche Connect reasonably believes that Customer has breached these T&C, Porsche Connect reserves the right, in its sole discretion, to restrict, suspend or terminate Customer's access to or use of all or any part of the Services or Porsche Products without prior notice and without liability.
10.6 Except as expressly provided otherwise in these T&C, Porsche Connect will not be liable for any failure or delay in its performance under these T&C due to any cause beyond Porsche Connect's reasonable control.
10.7 These T&C constitute the complete and exclusive agreement between Customer and Porsche Connect with respect to its subject matter, and supersede and replace any and all prior or contemporaneous discussions, negotiations, understandings and agreements, written and oral, regarding its subject matter.
10.8 Porsche Connect may assign these T&C, in whole or in part, at any time with or without notice to Customer. Customer may not resell, assign, sublicense or otherwise transfer Customer's rights or delegate Customer's duties under these T&C, either in whole or in part, without Porsche Connect’s prior written consent.
10.9 Information regarding the online dispute resolutions for consumer disputes or regarding alternative dispute resolution for consumer disputes can be found here: https://connect-store.porsche.com/ca/en/t/about.