Porsche Japan KK, located at 29F Toranomon Hills Mori Tower, 231, Toranomon 1 cho-me, Minato-ku, Tokyo 105-6329 (hereafter referred to as Porsche Connect or We) provides the Customers with (a) the My Porsche (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 Connect (that is as a primary user, a secondary user and an interested party within the meaning of these T&C). Porsche Connect 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 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 IDContract 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 respective changes to correct without undue delay the information on the Portal 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 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 as 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 Secondary users 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. 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 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). If at all, the Portal 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 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 Primary or Secondary Users. 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 subject by Porsche Connect 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 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 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.
5.3 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 on 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 that no further vehicle is linked to the Porsche ID-Contract, may also terminate the Porsche IDContract 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 sentence 1, there will be no reimbursement (not even proportionally) of the respective made payment. The UsedCar 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 the Porsche Connect's approval.
7.1 The Primary User and Porsche Connect 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 No. 7.2 below) with a 2 weeks notice to the end of the month.
respective Porsche Connect Service may govern deviating termination modalities.
7.3 The Customer and Porsche Connect may terminate the Porsche IDContract 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 IDContract 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 No. 7.1 to 7.3.
7.5 The termination pursuant to No. 6.2 as well as No. 7.1 to 7.4 may be made in writing, via email or via the Portal as follows. With respect to No. 7.2 via the function "Terminate Automatic Prolongation"; With respect to No
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 Porsche Connect accepts no liability for the accuracy and actuality of data and information provided via the Services by third parties.
9.2 In case of slight negligence Porsche Connect is liable only for violations of material contractual obligations (cardinal obligations); hence such obligations the contract is deemed to impose on Porsche Connect according to its objectives and purpose or the very fulfilment of which are deemed to be necessary for due and careful completion of the contract and may with good reason be permanently relied on by the Customer. This liability is limited to the typically foreseeable damage at the time of entering into the contract.
9.3 The personal liability of statutory representatives, agents and employees of Porsche Connect for damages caused by slight negligence is also limited to the extent described in No. 9.2.
9.4 The limitation of liability as set out above shall not apply to damages caused intentionally or by gross negligence, culpably caused personal injuries nor to any liability under the Product Liability Act and in case of any further mandatory liability. Furthermore, it shall not apply if and to the extent Porsche Connect has assumed a guaranty.
11.1 Tokyo District Court is the exclusive forum in the first instance for all disputes arising from contractual agreements entered into between the Customer and Porsche Connect.
11.2 For all disputes arising from or in relation to this contractual agreement, Japanese 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.