BMW ConnectedDrive Services Information

Transcription

1 BMW ConnectedDrive Services Information 1. General information BMW (South Africa) (Pty) Ltd. (hereafter referred to as BMW SA ) provides the customer with vehicle-specific information and support services under the name BMW ConnectedDrive. Services are provided by means of a SIM card installed in the vehicle. Call and data-connection costs are included in the price of the services. Insofar as it is necessary for the substantive organisation and utilisation of the services, BMW collects, stores and processes vehicle-related data and data relating to the customer s use of the services within the legal stipulations, which includes the transfer of such data to BMW Group Entities in Germany and their Service Providers in Europe and North America. This information should be read in conjunction with the General Terms and Conditions of Service for ConnectedDrive which are attached to this document, as updated or amended from time to time. The latest version of the General Terms and Conditions of Service for ConnectedDrive are also available at The services are provided in collaboration with AG (Petuelring 130, München; registered with the local court of Munich HRB 42243; BMW AG ). The entities collectively are referred to as BMW. 2. BMW ConnectedDrive basic services The BMW ConnectedDrive basic services Teleservices (6AE) and Intelligent Emergency Call (6AC) have already been activated at the point of vehicle transfer. In the case of BMWi vehicles, the basic services will include Remote Services (SA6AP) as an additional basic service. a. Teleservices (SA6AE) The Teleservices service ensures the mobility of the customer. If required or when triggered or commissioned by the customer, the vehicle s technical data (e.g. service information concerning wear parts, vehicle-status information such as check-control notifications, battery-charge status, data for identifying and locating the vehicle in the event of a breakdown) shall be transferred to BMW. In the event that a service is required, these items of data together with the name and the address, that the customer has stored within the BMW ConnectedDrive customer portal, will be forwarded via the SIM card permanently installed in the vehicle to the responsible Service Partner, BMW Roadside Assistance or appropriate service provider for the purpose of establishing contact or arranging an appointment. These data will be stored by the recipient until the operations have been duly processed. No additional transfer of the data to third parties takes place. Technical data shall be transferred from the vehicle to BMW at regular intervals where it shall be evaluated to aid the further development of BMW products. This is known as the Teleservice Report. This data is exclusively technical, vehicle-related data. Other data such as positioning data shall not be transferred as part of the Teleservice Report. b. For BMWi vehicles only: The Teleservice Battery Guard continuously monitors the battery-charge status of the vehicle. If the battery-charge status falls below a fixed value, the responsible service partner will be informed. The responsible service partner will then contact the customer if necessary to arrange a service appointment. By registering in the BMW ConnectedDrive Customer Portal, the customer can also be informed about a critical battery status by text message or, for BMWi by push mail, by means of illuminated side or parking lights. Additional vehicle status information includes information about the location of the vehicle and information about the charging status, data about every begin, end, interruption and errors during charging as well as turning on and off the vehicle is sent from the vehicle to BMW and received by the BMW Car IT GmbH. This data is used for verification and quality assessment of charging stations. Verified and assessed charging stations will be displayed to the customer in the navigation system, BMW Online, BMW Remote App and in the ConnectedDrive Customer Portal. Furthermore, the identification of potential locations for new charging stations or new locations is possible. The Efficiency service uses vehicle status information that every time the vehicle is turned off is sent from the vehicle to BMW. This data is calculated from driving performance measures, and can be viewed in the BMW Remote App and in the BMW ConnectedDrive Customer Portal. The driving performance measures are statistically processed within the Community function with other BMWi drivers and shown as anonymous within the BMW Remote App and the BMW ConnectedDrive Customer Portal. The service Community first requires the consent of the customer within the customer portal or in the BMW Remote App. The service Range Map, Route to Vehicle, Vehicle Position uses vehicle status information as well as information about the location of the vehicle, that every time the vehicle is turned off is sent from the vehicle to BMW. This data is used to represent the geographical position of the vehicle, which is display in the BMW Remote App and in the ConnectedDrive Customer Portal. c. Intelligent Emergency Call (SA6AC) When the crash sensors are activated (air bag deployment, front seat belt tensioners, etc.) the Service Emergency Call triggers an emergency call to the BMW emergency switchboard via the integrated telephone unit. An employee then establishes contact with the customer, enquires about the condition of the vehicle occupants and alerts the rescue services. The Emergency Call Service can also be activated manually in order to summon assistance for other road users. Use of the Service Intelligent Emergency Call requires the identification and localization of the vehicle as well as transmission of the information necessary to provide assistance to the responsible emergency call control centre. The user s request as well as the necessary data will be transmitted to service providers commissioned by BMW to perform the Services and will be used by this service provider exclusively for providing the respective Service and stored until the operations have been duly processed. Additionally, for the purpose of warning other road users, certain completely anonymous environment-related information are being used for traffic information and therefore forwarded to a service provider. No additional transfer of the data to third parties takes place. Beyond this, no data shall be forwarded to third parties. d. BMW Roadside Assistance The Service BMW Roadside Assistance can be triggered manually by the customer in the event of a technical fault. In addition to the current position of the vehicle, the vehicle identification number, colour and model of the vehicle are also transferred to the Mobile Service of BMW during this process. The data are transmitted to the service provider commissioned by BMW to perform the Services, who uses them for purposes of managing the service provision and stores them until the operations have been duly processed. Beyond this, no data shall be forwarded to third parties. e. Automatic Map Update (depending on the vehicle equipment)

2 The Service Automatic Map Update automatically updates the map data stored in the BMW navigation system of the home country up to four times a year. The Service runs for a period of two years from the initial registration of the vehicle. The customer can renew the Service at a charge after it has expired Via My BMW ConnectedDrive at In order to use the service Automatic Map Update the vehicle s identification and localization during the update process are a prerequisite. f. Anonymous evaluation of sensor data and usage information for data quality enhancements and product development For the purpose of enhancing service data quality and product development, vehicle sensor data of the surrounding traffic infrastructure (usually supplemented with time and location reference information), the vehicle status and additional usage information are being evaluated within the vehicle, transferred to BMW and anonymized immediately. It is impossible to trace the anonymized vehicle sensor data and usage information back to an individual customer. This vehicle sensor data includes (amongst others) information about traffic signs, traffic lights, construction sites, local hazards, traffic flow, road characteristics, parking spots, or vehicle error entries. For example, information about traffic signs are being used to enhance map data quality and to optimize route guidance. Local hazards like fog are being used to enhance data quality of traffic information and to avoid accidents. The usage information is collected to create anonymous usage statistics about the system functionality. Based on this information BMW is continuously enhancing the experience and quality of its products and services. The transmission of vehicle sensor data to BMW is activated by default. However, a customer can freely configure the categories of information (e.g., information about the traffic infrastructure) in the data privacy menu of a vehicle for which the transmission to BMW shall be allowed. The transmission of vehicle sensor data can also be deactivated completely by a customer. Additionally, the data privacy menu of a vehicle provides detailed information about what the categories of vehicle sensor data are evaluated and what information is being transferred. The submission of usage information is deactivated by default, but the user can activate and configure the submission of usage information in the data privacy menu of the vehicle. Users who activate the submission of usage information are helping BMW to further enhance the quality of its products and services. 3. ConnectedDrive Services (SA6AK) The ConnectedDrive Services (6AK) service is activated for 36 months after first registration. The customer can extend the service for an additional charge beyond the initial period via the BMW ConnectedDrive Customer Portal. a. BMW Online The Service BMW Online is a mobile Internet portal that provides various information services such as current weather conditions and the latest news. The customer can query local information via the online search function. The addresses found can be adopted directly into the navigation system as destinations. In addition, the customer also has access to office functions with the Service BMW Online. BMW aims to provide an advanced and high-quality range of information services within the scope of BMW Online. To ensure that this aim is met, the information services provided within the scope of BMW Online undergo regular inspection. As a consequence of this inspection, it is not only possible for further information services and functionalities to be added but also for individual information services or constituent parts thereof to be removed from the BMW Online portfolio temporarily or even permanently. Use of the Service requires identification of the vehicle and processing of the information needed for providing assistance. The data are subsequently deleted. When the Points of Interest query is used, the customer s enquiry is transmitted, where appropriate, to the service provider commissioned by BMW to perform the Services, where it is used exclusively for providing the respective Service and stored until the operations have been duly processed. The data are subsequently deleted. No additional transfer of the data to third parties takes place. b. Send to Car The Service Send to Car provides the option of transmitting complete address data records from the customer s personal computer directly to the vehicle via My BMW ConnectedDrive. This can take place either before or during the journey. Addresses can be transferred to the telephone directory or to the navigation system as a destination. The Service Send to Car is supplemented by the Send to Car functions. Addresses can be found on Google Maps on the Internet and then sent directly to the vehicle by the driver. This also applies to the Service HRS Send to Car, which enables the address data record for a hotel room booked with the Hotel Reservation Service (HRS) to be transferred from the driver s own PC to the vehicle. Both address and telephone number can then be called up in the vehicle under the menu command My Info, from where they can be entered directly into the navigation system as a destination or to the mobile telephone. Calls to third-parties are made at the driver s cost via the mobile telephone connected with the vehicle. 4. Concierge Services (SA6AN) The Concierge Services (SA6AN) service is activated for 36 months after first registration. The customer can extend the service for an additional charge beyond the initial period via the BMW ConnectedDrive Customer Portal. To use the service, the customer is connected to the BMW call centre at the push of a button using the integrated telephone unit. In this way, data concerning the vehicle s identification, location and if route guidance is activated the selected route may be transmitted to the service providers commissioned by BMW to provide the service in that case, this data shall only be used to help process the provision of the service and shall be retained until all procedures have been properly completed. The data shall then be deleted. Beyond this, no data shall be forwarded to third parties. 5. Real Time Traffic Information (SA6AM) The Real Time Traffic Information ( RTTI - SA6AM) service is activated for 36 months after first registration. The customer can extend the service for an additional charge beyond the initial period via the BMW ConnectedDrive Customer Portal. The traffic information required for the service is calculated by a variety of means including using what is known as Floating Car Data. In this sense, every ConnectedDrive-capable BMW functions as a mobile traffic reporter (Floating Car). The individual position and sensor data of the vehicle calculated during the trip is transferred completely anonymously to BMW and a service provider together with up-to-date time information.

3 6. Remote Services (SA6AP) The Remote Services (SA6AP) service requires registration in the BMW ConnectedDrive Customer Portal. The service can help if a customer has accidentally locked themselves out of their vehicle, for example, via the BMW Operator with the remote telephone function. Alternatively, the customer can use a smartphone as a remote control. Using the BMW Connected App (available for iphone in the Apple App Store) and a My BMW Remote App (available for Android in Google Play) customers can find their BMW amongst other vehicles by simply actuating the headlight flasher via the app on their smartphone. The customer can also adjust the temperature inside the vehicle before getting in. 7. edrive Services (SA6AG) a. The service edrive Services comprises functions that are displayed to the driver in the vehicle, in the BMW ConnectedDrive App and in the BMW ConnectedDrive portal. The service supports the driver with information relevant to electronic mobility. The service serves among others to verify and evaluate the quality of the charging stations. For this purpose, location information as well as charging process information is sent to BMW and transmitted to the BMW Car IT GmbH for each charging start, finish, interruption and error as well as for each power on and off. Verified and evaluated charging stations are displayed to the customer in the GPS, BMW Online, BMW ConnectedDrive App and ConnectedDrive customer portal. Furthermore, possible locations for new charging stations or locations can be identified. b. The Efficiency service utilizes vehicle condition information which is sent from the vehicle to BMW with every vehicle switch-off. These data serve to calculate the driving performance index which is displayed in the BMW ConnectedDrive App and in the ConnectedDrive customer portal. c. The driving performance index will be statistically processed with the index of other BMW drivers in the Community function displayed anonymously in the BMW ConnectedDrive App and the BMW ConnectedDrive customer portal. The service Community requires the customer s agreement in the customer portal or in the BMW ConnectedDrive App. d. The service Route to the vehicle and vehicle position uses vehicle condition information as well as information regarding the position of the vehicle, which are sent to BMW with every vehicle switch-off. These data serve to display the geographic vehicle position, which is displayed in the BMW ConnectedDrive App and in the ConnectedDrive customer portal. 8. Interconnection of the vehicle with portals and apps (depending on the vehicle equipment) The Service Interconnection of the vehicle with portals and apps transmits vehicle data (e.g. vehicle position, service information, range, etc.) upon relevant changes of the vehicle s state (e.g. start of driving, end of driving, locking, etc.) from the vehicle to BMW. These data are used to display the geographic vehicle position, the route to the vehicle and further vehicle condition information in BMW apps and BMW customer portals. In a fully anonymized form, the transmitted information are being used for the purpose of quality improvement and development of connected services and future vehicles. The BMW apps are available for iphone in the Apple App StoreSM and for AndroidTM in Google PlayTM. Further information including that on data processing can be viewed prior to installation of the app. 9. Availability of the service The complete range of services is only available for customers whose vehicles are approved in South Africa, and only within South Africa except for Intelligent Emergency Call which is available in Namibia, Swaziland, Botswana and Zimbabwe. However, in those countries the Intelligent Emergency Call will be limited to only the dialling of local emergency number and no data will be transmitted. Teleservices (SA6AE), Concierge Services (SA6AN) Remote Services (SA6AP), BMW Online (SA6AK),. RTTI (SA6AM) and the Internet (SA6AR) service can be accessed on the Vodacom network in South Africa only and these services will not work or be available in other countries. In order to reduce driver distraction, certain services will not be available while the car is moving. 10. Deactivation The customer can deactivate the BMW ConnectedDrive basic services Teleservices (6AE) and Intelligent Emergency Call (6AC) (and Remote Services (SA6AP), in the case of BMWi vehicles) at any time at an authorised BMW dealer, a regional BMW branch or an authorised BMW workshop. Deactivation of this service will also deactivate the SIM card installed in the vehicle. This results in the Emergency Call in the vehicle also not functioning. The other services can also be deactivated by the customer (from July 2014 via the BMW ConnectedDrive Customer Portal ( My BMW ConnectedDrive ), although the agreement between the customer and BMW in respect of those services will remain in operation and will not be suspended by the deactivation. For further information on BMW ConnectedDrive and the General Terms and Conditions of Business and Use for Connected Drive are available at The BMW Customer Interaction Centre is available on: +27 (0) from Monday to Friday, 8.00 am 5.00 pm and by at info@bmw-connecteddrive.co.za Last updated: Oct 2016

4 General Terms and Conditions of Service for ConnectedDrive 1. BMW ConnectedDrive Services and BMW ConnectedDrive Contracts 1.1 BMW (South Africa) (Pty) Ltd. (hereafter referred to as BMW SA ) provides the customer with vehicle-specific information and support services as described in the ConnectedDrive information document (hereafter referred to as services ) under the name BMW ConnectedDrive, in accordance with these General Terms and Conditions of Service. These Terms and Conditions of Service apply to all such services as the customer may have requested. The services are provided in collaboration with AG (Petuelring 130, München; registered with the local court of Munich HRB 42243; BMW AG ). The entities collectively are referred to as BMW. 1.2 The current version of these Terms and Conditions of Service may be viewed, stored and printed out at the website: The customer shall be notified of changes to these Terms and Conditions of Service by means of to the address provided by the customer upon registration for the services. The amended terms and conditions shall be loaded on the aforesaid website and, by continuing to use the services, the customer agrees to the amended terms and conditions, which shall become part of the contract between BMW SA and the customer. 1.3 To ensure that a specific service can be made available for the customer, it is necessary for the customer to complete and sign the BMW Get Connected form to conclude a BMW ConnectedDrive contract. If the customer orders/purchases a BMW vehicle that features the series or optional equipment required for a specific service from a sales person (authorised BMW dealer or regional BMW branch), BMW SA shall simultaneously offer to conclude a BMW ConnectedDrive contract for this service. The customer will then have the option to either connect or disconnect the services. Should the customer choose to disconnect the services, the customer will still have the right at a later stage to connect the services. a) If the service is part of the series equipment of the BMW Group vehicle, the BMW ConnectedDrive contract for this service between the customer and BMW SA shall be concluded at the same time as the sales agreement between the customer and the sales person takes place. b) If the service is part of the optional equipment of the new BMW Group vehicle, the customer shall only be bound by the request for the conclusion of the BMW ConnectedDrive contract for this service from the moment when the customer can no longer deselect the optional equipment ordered for the new BMW vehicle. The BMW ConnectedDrive contract for this service between the customer and BMW SA shall then be concluded with the activation of the service by BMW at the first registration of the new BMW Group vehicle. c) In all other cases, these Terms and Conditions of Service shall become binding on the customer upon activation of the relevant services. 2. Description, duration and availability of services 2.1 The services are described in detail and their duration and availability is provided at and in the BMW ConnectedDrive Services Information document. 2.2 The term of a BMW ConnectedDrive contract is determined by the respective service. In general, the duration of a fixedterm service shall be a maximum of 36 months (the last 12 months of the term being free of charge). BMW SA shall provide the customer with notice of expiry of the BMW ConnectedDrive contract before expiry of the fixed-term and any material changes that will apply if the contract is to be renewed or if it will continue after the expiry date. On the expiry of the fixed-term, the customer shall be entitled to terminate the services or renew the contract on such amended terms and conditions as may be applicable. Should the customer not renew or extend the contract the services will automatically deactivate at the expiry of the fixed-term. 2.3 Services are provided by means of a SIM card installed in the vehicle. The services may therefore be restricted in part by the regional reception and transmission area of the radio transmitters operated by the respective network providers and may also be particularly impacted by atmospheric conditions, topographical conditions, the position of the vehicle and obstructions (e.g. bridges and buildings). Additionally, it is a necessary condition for the provision of the services that the mobile communication network required for the installed SIM card is functioning correctly and ready for operation. 2.4 The services may be disrupted by force majeure, including strikes, lock-outs and official orders, as well as technical and other measures required on BMW Group facilities or on those of traffic information suppliers or network operators for the proper operation or improvement of the service (e.g. maintenance, repair, system-related software updates, expansions). The services may also be disrupted by short-term capacity-related bottlenecks due to peak loads on the services or by failures in the telecommunication systems of third parties. The services may also be disrupted or fail in a motor accident if the relevant equipment is damaged on impact. BMW SA shall make every reasonable effort to eliminate such disturbances immediately or to work towards their elimination. 2.5 The Customer agrees that the ConnectedDrive service is rendered as is and as available and it is used at the Customer s own discretion and risk. BMW SA does not warrant, represent or in any way guarantee, either expressly or by implication the fitness of the service for a particular purpose or use. The service may not be accessible in outlying regions of the country, close to the borders of or in neighbouring states or in areas where there is no cellular network reception of the mobile communication network required for the installed sim card 2.6 BMW SA relies on third parties in order to provide the services. These third parties include, but are not limited to, cellular network service providers. The service may become unavailable or interrupted in the event of a failure in the services provided by third parties. BMW SA does not have control over services provided by third parties and will not be liable for a failure of or interruption in the services due to a failure of or interruption in services by provided by third parties. The customer shall have no claim against BMW for any such failure or interruption. 2.7 Due to the nature of motor vehicle accidents, the services and related equipment might fail or not be available during an accident. BMW SA does not warrant that the equipment will automatically connect and/or send an emergency message to BMW Group or the call centre. The service cannot be used to record and store date and events relating to a motor vehicle accident. BMW SA will not be liable to the customer in the event that the services are not available and related equipment fails or malfunctions during a motor vehicle accident, and the customer indemnifies BMW SA against all claims in this regard.

5 *Customer initial 2.8 The customer can report service disturbances to BMW SA customer support (see 8 below). 2.9 BMW SA reserves the right to modify the scope or contents of a particular service, or discontinue a service or part of it All services (including call centre related services) will be only provided to the customer in English as this is an international service In an attempt to reduce driver distraction, certain services will not be available while the car is moving. 3. Use of the services 3.1 The customer shall not be permitted to use these services for unlawful purposes and shall not allow third parties to do so. The customer shall not be permitted to forward to third parties or process data or information received using the services for commercial purposes. 3.2 The customer shall only be permitted to use the SIM card installed in the vehicle for the provision of these services by BMW SA. 3.3 The customer shall not misuse the emergency call services. Should the customer misuse the services, BMW SA may bill the customer for the costs incurred by BMW SA relating to the misuse of the services and the customer shall be obliged to reimburse BMW SA for such costs. 3.4 The services are vehicle-specific and the applications purchased cannot be transferred to another vehicle or used in another vehicle. 4. Deactivating the services, termination of the BMW ConnectedDrive contract 4.1 The customer may have the services Teleservices and Intelligent Emergency Call deactivated at any time at an authorised BMW SA dealer, a regional BMW SA branch or an authorised BMW SA workshop. Deactivation of this service will also deactivate the SIM card installed in the vehicle. This results in the Emergency Call and all other BMW Connected Drive features except BMW Connected Apps in the vehicle also not functioning. 4.2 The other services can also be temporarily deactivated by the customer (from July 2014) via the BMW ConnectedDrive Customer Portal ( My BMW ConnectedDrive, see 5 below). If the customer deactivates services, the agreement between BMW and the customer will remain in force and will not be suspended. Despite deactivation, the term of the agreement between BMW SA and the customer will still be calculated from the commencement of the agreement, and the agreement will expire 36 months after the date on which the agreement commenced. Deactivation of services will not postpone the expiry date of the agreement between BMW SA and the customer. 4.3 Should the customer not renew or extend the contract, the services will deactivate at the expiry of the term. 4.4 The customer may terminate a service at any time, giving a notice period of twenty business days. Should the customer terminate the services within the first 24 months, BMW SA may charge a reasonable cancellation penalty. 4.5 The customer may also terminate a fixed-term service as set out above in The services are vehicle-specific. The services and the applications purchased cannot be transferred to another vehicle or used in another vehicle. 4.7 For BMWi vehicles only: Prior to charging, the customer must check on location whether his vehicle is compatible with the charging station displayed through the services. If the vehicle is incompatible with the charging station, it can cause serious damage to the vehicle. 5. BMW ConnectedDrive Customer Portal ( My BMW ConnectedDrive ) 5.1 BMW SA has made the BMW ConnectedDrive Customer Portal ( My BMW ConnectedDrive ) available for the customer at the website: It is necessary for the user to set up a user account and to log in with user name and password before using My BMW ConnectedDrive. 5.2 The customer can view and manage the status of the services activated for his/her vehicle via My BMW ConnectedDrive. For this purpose, the customer s user account must be connected to the vehicle for which the customer ordered the services and which is to be used to access the services. To set up this connection, the customer must send the vehicle identification number and individually selectable identification features to BMW via My BMW ConnectedDrive. 6. Procuring services via the BMW ConnectedDrive Store 6.1 The customer can procure services either free of charge or for a fee in the "BMW ConnectedDrive Store" area, which will be accessible either via the vehicle's user interface (see 6.6) or within the BMW ConnectedDrive Portal (see 6.7). 6.2 To use the BMW ConnectedDrive Store, the customer must register in the BMW ConnectedDrive Customer Portal ("My BMW ConnectedDrive", see 5.1), connect his/her vehicle to the user account (see 5.2) and provide address and payment details. 6.3 The procurement of free or chargeable services via the "BMW ConnectedDrive Store" is exclusively subject to the terms and conditions set out below, in the version that is valid at the time when the contract is definitively concluded. The current version of the terms and conditions is available to view, save and print out on the website The services on offer in the BMW ConnectedDrive Store are intended for customers in South Africa only. The services will not be available outside South Africa. 6.4 All information provided in the BMW ConnectedDrive Store, e.g. credit card details, address and address, is automatically encrypted using the SSL (Secure Sockets Layer) protocol. SSL is the industry standard for the transfer of confidential data via the Internet. 6.5 Offer and conclusion of the contract

6 a) To provide services to the customer, BMW SA presents a binding offer, which the customer can order at the specified fixed price, provided he/she has registered in the BMW ConnectedDrive Store. The contract is concluded as soon as the customer clicks on the "Order with payment now" button for chargeable services or the "Order now" button for free services. b) The prices are quoted in South Africa rand, including VAT. The customer can pay for chargeable services by credit card only. BMW SA sends invoices to customers by as standard procedure. However, BMW SA can also send invoices by post at the customer's request. *Customer initial c) If the customer defaults on a payment, BMW SA has the right to suspend or cease the provision of the services concerned and, in particular, to deactivate the customer's authorisation to access the services concerned until the customer has settled his/her debts. This deactivation shall also include the "Intelligent Emergency Call" service where applicable. d) To the extent permitted by law, the customer can only offset a counterclaim against claims from BMW SA if the customer's counterclaim is not contested or a legally enforceable judgment has been made; and the customer can only assert his/her right of retention insofar as it is not based on claims arising from the contract. e) The customer can only correct input errors by cancelling and restarting the process. f) The contract shall be concluded in English. g) The contract text is not saved by BMW SA and can no longer be retrieved, viewed or saved by the customer once the contract has been concluded, but a copy will be sent to the customer by Processing the order in the vehicle a) Step 1: Starting the online order process in the vehicle The customer can find information on the BMW ConnectedDrive services on offer (with different terms of validity and prices where applicable) in the "BMW ConnectedDrive Store" area in the vehicle's user interfaces. The customer can then select a service (with a term of validity and price if applicable) based on this information. The customer can start the online order process by clicking on the "Continue to order" button for the service with the selected term of validity. b) Step 2: Customer status If the customer is already registered in the BMW ConnectedDrive Portal and has entered his/her address and payment information, he/she simply needs to enter a user name and password in the screen that subsequently appears. Clicking on the "OK" button will take the customer straight to Step 3. If the customer has not yet registered in the BMW ConnectedDrive Portal and/or has not entered any address and payment information, he/she must complete these processes first in the "Administration" area of the BMW ConnectedDrive Portal before an order can be placed. c) Step 3: Order overview/modification Once the customer has logged in, an overview page displays the complete order with all the relevant contract information. The customer has the opportunity to cancel the order process by leaving the BMW ConnectedDrive Store. If the customer agrees with the order overview, he/she can place a binding order by clicking on the "Order with payment now" button. d) Step 4: Order information Once the contract has been concluded, the customer will receive confirmation of this by , as well as the text of the contract, the terms and conditions of business and use, and instructions on withdrawing from the contract. 6.7 Processing the order in the BMW ConnectedDrive Portal a) Step 1: Starting the online order process in the BMW ConnectedDrive Portal The customer can find information on the BMW ConnectedDrive services on offer (with different terms of validity and prices where applicable) in the "Store" area in the BMW ConnectedDrive Portal. The customer can then select a service (with a term of validity and price if applicable) based on this information. The customer can start the online order process by clicking on the "Continue to order" button for the service with the selected term of validity. b) Step 2: Customer status If the customer is already registered in the BMW ConnectedDrive Portal and has entered his/her address and payment information, he/she simply needs to enter a user name and password in the screen that subsequently appears after clicking on the "Next" button. Clicking on the "OK" button will take the customer straight to Step 3. If the customer has not yet registered in the BMW ConnectedDrive Portal and/or has not entered any address and payment information, he/she must complete these processes first in the BMW ConnectedDrive Portal before an order can be placed. c) Step 3: Order overview/modification If the customer is already registered in the BMW ConnectedDrive Portal and has entered his/her address and payment information, he/she will be taken directly to an overview page, which displays the complete order with all the relevant contract information. The customer has the opportunity to cancel the order process by leaving the website.

7 If the customer agrees with the order overview, he/she can place a binding order by clicking on the "Order with payment now" button. If the customer has not yet registered in the BMW ConnectedDrive Portal and/or has not entered any address and payment information, he/she must complete these processes first in the "Administration" area of the BMW ConnectedDrive Portal before an order can be placed. d) Step 4: Order information Once the contract has been concluded, the customer will receive confirmation of this by , as well as the text of the contract, the terms and conditions of business and use, and instructions on withdrawing from the contract. 6.8 Provision and activation of services Once the customer has clicked on the "Order with payment now" or "Order now" button, the service is booked in the BMW Group back end. A provisioning file is then sent to the vehicle and the service is activated in the vehicle. This process usually takes a few minutes. However, it cannot be completed if the data connection is interrupted, and the provision of the service will be delayed accordingly. *Customer initial 6.9 No right of withdrawal The customer consents to the service commencing as soon as the customer s order has been completed. As such, the customer will not have a cooling-off right to withdraw from the contract once the order for services has been finalised. 7. Sale or permanent transfer of the vehicle 7.1 The customer cannot transfer an existing BMW ConnectedDrive contract with BMW SA to a third party without the consent of BMW SA. This shall also apply when the customer sells or permanently transfers the vehicle to a third party. 7.2 When a vehicle is sold or permanently transferred to a third party, the customer must ensure that all the personal data stored in the vehicle is deleted. In addition, the customer must terminate the connection between the vehicle and his/her user account via My BMW ConnectedDrive (see also 5.2 above). 7.3 The customer must inform the third party to whom the vehicle has been sold or permanently transferred of all the services that have not yet been deactivated. 7.4 When selling or permanently transferring the vehicle to a third party, the customer has the right according to 4.4 to terminate a fixed-term service with a notice period of 20 business days. If the customer terminates a service before the end of the term, BMW SA may charge and the customer will pay a reasonable cancellation penalty. 8. Contacts 8.1 BMW SA customer support is available at BMW ConnectedDrive Hotline is available on: from Monday to Friday, 8.00 am 5.00 pm. 8.2 The customer must provide an address when registering for the ConnectDrive service. BMW SA will send notifications and communications to the customer s registered address. The customer shall be responsible for notifying BMW if the customer s address changes. BMW SA will not be liable to the customer for notifications or communications that do not reach the customer because the customer s address changed. 9. Warranty BMW SA makes no warranties or representations regarding the services, other than as may be provided for by South African law. 10. Liability 10.1 BMW SA shall assume no liability for the accuracy and topicality of the data and information transmitted via the services. This shall also apply for the consequences of disturbances, interruptions and functional impairments of the service, particularly in the cases described in 2.3 to BMW SA shall not be liable for damages to the extent that these are based on the fact that the customer is using a device that has not been approved by BMW Group for use of the services according to the installation contained in the service description (available at To the extent permitted by law, BMW SA shall not be liable for any claim, loss, damage, injury, cost or expense (including legal fees) suffered or incurred by the customer as a result of the services or the failure or unavailability thereof, or an act or omission of BMW SA or its officers, employees, agents or contractors ( Indemnified Parties ). The customer indemnifies the Indemnified Parties against any claims brought against them on account of any such claims, losses, damages, injuries, costs or expenses Liability limitations do not apply in cases of gross negligence. These terms and conditions do not intend to, nor shall they be interpreted to, limit the liability of BMW SA in any way which would be illegal for BMW SA to exclude or attempt to exclude or where such exclusion is prohibited by the Consumer Protection Act, 2008 or the Electronic Communications and Transactions Act, 2002, or any other law in force from time to time in the Republic of South Africa. *Customer initial 11. Data collection, storage, use, privacy and security 11.1 The data provided by the customer in My BMW ConnectedDrive is automatically encrypted using the SSL (Secure Sockets Layer) protocol. SSL is the industry standard for the transfer of confidential data via the Internet.

8 11.2 BMW SA may collect, use, store and process customers personal information insofar as it is necessary for the justification, substantive organisation or modification of the contractual relationship (inventory data) and the provision, utilisation and billing (usage data) of the services. BMW SA may process the customer s geographical location and movements in order to provide the service and to compile traffic information data in order to provide traffic reports to customers. Customers personal information will be transferred across South African borders to BMW Group entities in Germany and their service providers in Europe and North America for the purposes of rendering Connected Drive Services. The customer must notify BMW immediately of any modifications to personal data that affect the contractual relationship and the billing of the services. By using the service, the customer consents to BMW SA collecting, using, storing and processing the customer s personal information All data provided by the customer in the BMW Connected App is collected, stored and processed by BMW AG (Petuelring 130, München; registered with the local court of Munich HRB 42243; BMW AG ) as data controller and the customer consents to the use of such data by BMW AG by acceptance of the terms and conditions and privacy policy related to the App. For purposes of the Remote Services BMW SA acts as joint data controller together with BMW AG Usage data required for the billing of the services (billing data) may be stored and used by BMW SA beyond the end of the usage process until completion of billing BMW treats the Users' data collected, according to information issued with the privacy statement published on the website: Place of jurisdiction and applicable law 12.1 The courts of South Africa shall have exclusive jurisdiction for all matters or disputes which arise from this contract All disputes arising out of or because of this contractual relationship are subject to South African law. * The Customer is required to initial at the marked spaces above so as to confirm that the provisions of the clause has been drawn to the Customer s attention, explained and has been accepted by the Customer. Last updated: October 2016