Porsche Smart Mobility GmbH, Porscheplatz 1, DE-70435 Stuttgart (hereafter referred to as Porsche Smart Mobility or We) provides the Customers with (a) the My Porsche 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 for 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 Smart Mobility (that is as a primary user, a secondary user and an interested party within the meaning of these T&C). Porsche Smart Mobility offers a selection of different services and products. For such services and products 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 Porsche Smart Mobility is necessary. We will send you confirmation of your Porsche ID-Contract as soon as reasonably practicable after it has been entered into. 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 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 Smart Mobility 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 at the time of registration on the Portal and (b) in case of respective changes to correct without undue delay the information on the Portal insofar as such information is mandatory for the performance of the Porsche ID-Contract. Mandatory information is marked as such when requested on the Portal and through the Store.
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 either (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 a primary user (in particular lessees or employees which are provided with a company car). Each Connect-able vehicle has 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 secondary user by the primary user and who has concluded a Porsche ID-Contract with Porsche Connect. 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 Porsche Connect to the secondary user, as stated in the system.
2.3 Interested party is a Customer who is neither primary nor secondary user in relation to at least one Connect-able vehicle (in particular a potential purchaser of a Connect-able vehicle). The only functions available to an interested party (if any), will be a limited selection of Portal functions (in particular the booking and configuration of Porsche Connect Services by interested parties 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 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 which vehicles (if any) are linked with their Porsche ID-Contract (hereafter referred to as Vehicle Link) and for which Vehicle Link the Customer is defined as Primary or Secondary User. If a respective Vehicle Link is not displayed to a Primary User on the Portal, the Primary User may request that this be set up on the Portal. This request can be made through a Porsche Center or on the Portal itself. The set-up of the respective Vehicle Link can be made subject by Porsche Smart Mobility to the Customer's provision of appropriate proof that he / she is the owner or keeper (as appropriate) of the vehicle and in case of a used vehicle subject to the deletion of the relevant Vehicle Link by the previous Primary User according to No. 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.
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 of the vehicle 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 Smart Mobility or other Porsche entities in this context.
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 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 sale or permanent transfer of a Connect-able vehicle, the Primary User - in addition to his/her termination rights pursuant to 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 by giving notice to Porsche Connect at least 2 weeks prior to the end of the month in which termination is to occur. Insofar as a Porsche Connect Service is terminated before the end of its term pursuant to sentence 1, there will be no reimbursement (not even proportionally) of amounts already paid prior to the date of termination. 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. Nothing in this No. 6.2 shall affect the right of withdrawal set out in No. 8.
6.3 Porsche ID-Contracts with existing Customers may not be transferred to a third party without Porsche Smart Mobility's approval.
7.1 The Primary User and Porsche Smart Mobility 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 No. 7.2 below) by giving notice to the other party at least 2 weeks prior to the end of the month in which termination is to occur.
7.3 The Customer and Porsche Smart Mobility may terminate the Porsche ID-Contract as a whole at any time where no vehicle is linked to the Porsche ID-Contract.
7.4 The Customer and Porsche Smart Mobility may terminate the Porsche ID-Contract by giving notice to the other party at least 2 weeks prior to the end of the month in which termination is to occur. The Porsche Connect Services will in any case be provided to the Customer in accordance with these T&C until the end of the respective term unless otherwise terminated pursuant to No. 7.1 to 7.3.
7.5 Either party may give notice exercising its termination rights set out in No. 6.2 and No. 7.1 to 7.4 (as applicable) in writing or via email. You may also exercise your termination rights in these T&C via the Portal as follows:
(a) With respect to No. 7.2, you can click the button marked "Terminate Automatic Prolongation";
(b) With respect to No 7.3 you may click the button marked "Delete Account".
7.6 A right of termination for cause remains unaffected by the aforementioned provisions.
7.7 We will provide the Services and Porsche Products to the Customer until either the services are completed or the subscription expires (if applicable) or either we or the Customer terminates the T&C in accordance with its terms.
8.1 If the Customer is a consumer he/she has a right of withdrawal for a period of 14 days after the conclusion of the contract pursuant to No. 1.1 and 3.1. Different rights of withdrawal may apply for Customers that are consumers for the purchase of Porsche Products, pursuant to No. 5.1; in such case specific information will be provided. A consumer is an individual acting for purposes which are wholly or mainly outside that individual's trade, business, craft or profession. Information about the right of withdrawal, and instructions on how to exercise that right are set out below:
Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day of the conclusion of the contract. To exercise the right of withdrawal, you must inform us (Porsche Connect Support - c/o Porsche Smart Mobility GmbH - P.O. Box 120144 - DE-10591 Berlin, phone number: 0808 168 5219, e-mail address: email@example.com) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, telephone or e-mail). You may use the attached model withdrawal form, but it is not obligatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. If you requested to begin the performance of services during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you have communicated us your withdrawal from this contract, in comparison with the full coverage of the contract.
(complete and return this form only if you wish to withdraw from the contract)
– To Porsche Connect Support - c/o Porsche Smart Mobility GmbH - P.O. Box 120144 - DE-10591 Berlin, e-mail address: firstname.lastname@example.org:
– I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*),
– Ordered on(*)/received on (*),
– Name of consumer(s),
– Address of the consumer(s),
– Signature of the consumer(s) (only if this form is notified on paper),
(*) Delete as appropriate
8.2 Any charges stated to be payable for the Services or the Porsche Products shall be expressed inclusive of VAT.
8.3 We are under a legal duty to supply services that are in conformity with these T&C. Nothing in these T&C will affect your legal rights.
The statutory provisions regarding defects apply.
10.1 Porsche Smart Mobility accepts no liability for the accuracy of data and information provided via the Services by third parties.
10.2 This No. 10.2 shall apply only where the Customer is not a "consumer" (as such term is explained in No. 8, above):
10.2.1 Nothing in these T&C shall exclude or limit either party's liability for (i) fraud; (ii) death or personal injury caused by its negligence; (iii) breach of the terms implied by section 12 of the Sale of Goods Act 1979 or Section 2 Supply of Goods and Services Act 1982; or (iv) any other liability which cannot be excluded or limited by applicable laws.
10.2.2 Subject to No. 10.2.1, Porsche Smart Mobility shall have no liability whether in contract, tort (including negligence) breach of statutory duty or otherwise for (i) loss of revenue; (ii) loss of actual or anticipated profits; (iii) loss of anticipated savings; (iv) loss of business; (v) loss of opportunity; (vi) loss of goodwill; (vii) loss of reputation; (viii) loss of, or damage to or corruption of data; or (ix) any indirect or consequential loss or damage howsoever caused and whether such loss or damage was foreseeable or in the contemplation of the parties.
10.2.3 Subject to No. 10.2.1, Porsche Smart Mobility's total aggregate liability whether based on an action or claim in contract, tort (including negligence), breach of statutory duty or otherwise arising out of, or in relation to, these T&C, shall be limited to 100% of the charges paid and payable in the 12 months prior to the act (or failure to act) giving rise to the claim.
10.3 This No 10.3 shall only apply where the Customer is a "consumer":
10.3.1 Nothing in these T&C shall exclude or limit Porsche Smart Mobility's liability for (i) fraud; (ii) death or personal injury caused by its negligence; (iii) breach of the terms implied by section 12 of the Sale of Goods Act 1979 or Section 2 Supply of Goods and Services Act 1982; or (iv) any other liability which cannot be excluded or limited by applicable laws.
10.3.2 To the fullest extent permissible under applicable law, Porsche Smart Mobility disclaims any statutory implied terms of any kind, whether express or implied, in relation to the Services. This does not affect your statutory rights as a consumer, nor does it affect your right of withdrawal in No.8. If you are a consumer we only supply the products to you for domestic and private use and we are not liable for business losses
10.3.3 Subject to No. 10.3.1 and 10.3.2, Porsche Smart Mobility's total aggregate liability whether based on an action or claim in contract, tort (including negligence), breach of statutory duty or otherwise arising out of, or in relation to, these T&C, shall be limited to 100% of the charges paid and payable in the 12 months prior to the act (or failure to act) giving rise to the claim.
12.1 These T&C are governed by the laws of England. If you are not a consumer, each party irrevocably agrees to submit to the exclusive jurisdiction of the courts of England over any claim or matter arising under or in connection with these T&C.
12.2 If you are a consumer you can bring legal proceedings in respect of the Porsche Smart Mobility Services and the Porsche Connect Products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
12.3 The rights you have under these T&C are in addition to and do not affect the legal rights and remedies you are entitled to under applicable consumer protection law. In the event of conflict between these general terms and conditions and applicable consumer protection law, your legal rights under applicable consumer protection law shall prevail.
12.4 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/gb/en/impressum/t/about.
12.5 Except as expressly provided in these T&C, a person who is not a party to these T&C shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these T&C.