General Terms and Conditions for using ... - Mercedes-Benz · The general terms and conditions for...
Transcript of General Terms and Conditions for using ... - Mercedes-Benz · The general terms and conditions for...
1/10
1. Scope of Application
The general terms and conditions for using Mercedes me connect
services (“GTC”) as set forth below, the special terms and
conditions for using the Mercedes me connect services (“STC”)
and the [Mercedes me connect overview of services (“Overview of
Services”)], as issued by Mercedes-Benz (China) Ltd. (“MBCL”),
Beijing Benz Automotive Co., Ltd. (“BBAC”) and/or their affiliates
(collectively “Daimler” or “We”), apply to the Mercedes me
connect services (“Services”) and to the use of the Services by
the customers (“Customer” or “You”). The respective STC and the
Overview of Services form an integral part of the GTC (collectively
“Terms and Conditions”). In the event of any conflict between a
STC or the Overview of Services and the GTC, the provisions in
the STC or the Overview of Services will take precedence.
Definitions in the GTC shall also apply to the STC.
2. Definitions
2.1 “Customer” is the person who has successfully and duly
accepted this Terms and Conditions.
2.2 “Company Car Driver” is a person who is entitled to use the
Vehicle for business – and possibly private purposes – over
longer periods, and is therefore not a short-term hirer or
user of car share or car pool vehicles.
2.3 “Connect” means, with respect to a Vehicle, such Vehicle is
paired with a Customer’s User Account.
2.4 “Disconnect” means, with respect to a Vehicle, such
Vehicle is removed from a Customer’s User Account.
2.5 “Lessee” is a person who is entitled to use a vehicle over
longer periods on the basis of a leasing agreement.
2.6 “Customer Portal” means the Mercedes me portal (MMP).
2.7 “Service Partners” means third party service providers as
designated by Daimler for the purpose of providing the
Services, including for example and without limitation,
telecommunications providers, wireless service providers,
public safety operators, emergency personnel, towing
companies, vehicle manufacturers, distributors and dealers,
equipment and software manufacturers, distributors,
licensors, content providers, and any other person or entity
who provides any service, equipment, content, feature or
facilities in connection with the Services. These parties are
collectively referred to in these Terms and Conditions as
our “Service Partners”. In some cases, one or more of the
companies within Daimler Group may be a Service Partner.
In the event any of our Service Partners imposes additional
terms and conditions on the services they provide, by
accessing such services you agree to comply with any
additional terms and conditions imposed by them.
2.8 “Vehicle” means a Mercedes-Benz branded vehicle or any
vehicle with a brand owned or designated by Daimler which
is equipped with HERMES.
2.9 “HERMES” means the telematics control Hardware for
Enhanced Remote, Mobility and Emergency Services
related to the Services as designated by MBCL and/or its
affiliates.
3. Rights to Use Services, Effectiveness of the Terms and
Conditions,
3.1 A precondition for using the Services is that the Customer
must, before or after accepting this Terms and Conditions,
successfully complete real name registration with our
Service Partners as required by applicable laws, and the
failure to complete such real name registration may result
in the unavailability of all Services to the Customer,
including any emergency services. Please consult the
relevant dealership for such real name registration.
3.2 A second precondition for using the Services is that the
Customer has registered with Daimler in the Customer
Portal and must have must have a username and password
(“User Account”) in order to log into the Customer Portal
and to use and manage the Services online. For the
avoidance of doubt, when registering with us for a User
Account, the Customer may be required to submit certain
information to us, which may include the Customer’s
personal information. The Customer hereby represents that
any and all of the information submitted by the Customer
and the submission activity by the Customer are in
compliance with applicable laws, and no information
submitted by the Customer contains state secret or other
information being of similar nature.
In order to use the Services, Customer must always accept
the GTC while Customer may choose to accept one or more
STCs in order to use any specific Services that are covered
by the STCs. The respective Terms and Conditions take
effect as between the Customer and Daimler when the
Customer registers with Daimler in its Customer Portal and
accepts such Terms and Conditions but no later than as of
the date on which the Customer is able to use the
respective Services for the first time.
Daimler may decide to offer these Terms and Conditions in
English and Chinese. In cases of doubt with regard to the
interpretation of these Terms and Conditions, the Chinese
version of these Terms and Conditions shall prevail.
3.3 When the respective Terms and Conditions enter into effect
and subject to such Terms and Conditions, the Customer
will be entitled to use certain Services covered by the
accepted STCs. The Customer can obtain more information
hereto on the Customer Portal.
3.4 The Customer’s right to use the Services is dependent on
the Customer having agreed to this Terms and Conditions.
In all instances the Customer must agree to the GTC to
receive any Service and the STC to receive any Service
covered by the corresponding STC. The Customer will
have agreed to this Terms and Conditions by any of the
following after buying or leasing a new (or used) Vehicle
that includes the Services: (i) electronically accepting the
Terms and Conditions on the Customer Portal or via other
channels (if any), or (ii) actual use of the Services by the
Customer or anyone who uses or occupies the Customer’s
Vehicle.
4. Scope of Service
4.1 The Services are intended to be provided to the Customer
in the People’s Republic of China (for the purpose of this
Terms and Conditions, excluding the Special Administrative
Region of Hong Kong, the Special Administrative Region of
Macau, and Taiwan, hereinafter the “Territory”).
4.2 Subject to section 4.10, the Services are generally available
geographically in the Territory.
General Terms and Conditions for using Mercedes me connect Services
Version 001.002.018.A.17B
2/10
4.3 A Customer is free to connect his/her Vehicle to the
Services and may also disconnect his/her Vehicle from the
Services at any time. Sections 5.2 and 5.3 apply to the
Connection and Disconnection of the Customer’s Vehicle.
4.4 Daimler makes available to the Customer for the Services
the Customer Portal on which the Customer may manage
his Services online via his/her User Account.
4.5 The Customer may operate and use the Services via the use
gateways described in the sections below (collectively “Use
Gateways”). The scope of Services available via the relevant
Use Gateway is set forth in the relevant STC and the
Overview of Services. A precondition for using the Services
via the relevant Use Gateway is a User Account, unless the
Terms and Conditions provide otherwise.
The Customer will also have the opportunity to operate and
use certain Services via the Customer Portal. Some
Services can be operated and used only via the Customer
Portal.
Additionally, part of the scope of Services available via
relevant Use Gateway and/or the Customer Portal is
described under Section 4.12 of this GTC.
4.6 The Customer will have the opportunity to activate or
deactivate individual Services on the Customer Portal. If a
Service has been activated, the Customer can use that
Service as described in the respective STC and the
Overview of Services. If a Service is deactivated, then the
Service will not be available to the Customer during that
time.
Important: Any obligations owed to Daimler and/or the
Service Partners to pay any fees (if any) arising out of or in
connection with the Services will be unaffected by a
deactivation of the Services.
4.7 Daimler reserves the right to deactivate the Services for
security reasons (e.g., security gaps) or for other important
reasons.
4.8 Due to the present state of technology, the provision and
use of the Services may be subject to certain restrictions
and inaccuracies beyond the control of Daimler. This
applies in particular to the availability of the mobile data
connection provided by mobile phone companies, the
mobile network, the global navigation satellite system
geolocation services and Internet access. Thus, the
Services are geographically limited to the transmission and
reception ranges of the transmission stations operated by
mobile phone companies, and accordingly the Services (or
a portion thereof) may not be available in all areas and may
only be available if your Vehicle is in a geographic area
covered by the Service network footprint (and within
operating range) of our wireless Service Partners, and the
location of your Vehicle, particularly in remote or enclosed
areas, may affect the quality or availability of the Service
that we or our Service Partners can provide to you. The
unavailability of the mobile network can in some cases
mean that individual Services are unavailable because the
necessary data transfer cannot take place. The Services
may also be adversely impacted by atmospheric conditions
and topographical features or obstacles (e.g., bridges,
tunnels, buildings). The same applies to geolocation based
on global navigation satellite systems. Other negative
circumstances, such as network overload, may hamper use
of the Internet. Moreover, sudden capacity bottlenecks may
arise from spikes in the usage of the Services, the mobile
and landline networks, as well as the Internet.
Disruptions may also be caused by force majeure, including
strikes, lockouts, change of laws or orders by the
authorities, or result from technical or other measures (e.g.,
repairs, maintenance, software updates, enhancements)
that need to be carried out on Daimler systems or on those
of upstream or downstream service providers, content
providers or network operators which are necessary in
order to ensure that the Services are properly provided or
improved (including but not limited to the Service Partners).
Additionally, in the event of any regulatory, governmental or
other legally-compelled changes, or discontinuation or
change of necessary telecommunications systems and
services (e.g., if our wireless carrier terminates or restricts
wireless services of the type used by your Vehicle’s
Equipment), you are solely responsible for replacing, as well
as the cost of replacing, any Equipment that is necessitated
as a result of such change or discontinuation. If you refuse
to bear the Equipment replacement cost, the Service may
be terminated.
4.9 The Services require a fully functioning power supply within
the vehicle from the vehicle battery. If the Services are
used excessively and the vehicle's battery is not
intermittently charged by running the engine, or connecting
the battery to a power supply (in the case of electric
vehicles), then this may result in the battery becoming
depleted. If the vehicle is left standing for a considerable
period, then the Mercedes me connect communication
module (“Communication Module”) in the vehicle might
switch itself off, thus interrupting the data connection to
the Vehicle requiring a manual operation into service next
time.
4.10 Daimler reserves the right to make amendments and
supplements to the Terms and Conditions, provided that
they are reasonable for the Customer upon taking into
account the interests of Daimler. Daimler specifically
reserves the right at any time to expand, reduce or
otherwise change the functions or features of Services and
supplement new Services and to amend and supplement
the Terms and Conditions accordingly.
4.11 Once this Terms and Conditions enters into effect and the
connection is made with the Vehicle, software updates for
browsers and Communication Module will be downloaded
via a mobile data network and automatically installed,
without requiring a visit to an auto repair shop (“Software
Updates”). The Software Updates can improve and enhance
functions of the Vehicle and the Services and may make
available or facilitate new functions of the Vehicle and the
Services, or modify or remove functions of the Vehicle and
the Services. The Software Updates cannot be deactivated
by the Customer. Depending on its type and scope, the
Software Updates is carried out automatically without any
additional consent from the Customer, or the Customer will
be given the opportunity to confirm or reject any individual
Software Updates. The period of time between the
individual Software Updates can vary. There is no right to
demand Software Updates.
The Software Updates are subject to the availability and
limitations of the mobile network, respectively, as well as
the equipment in the Vehicle (“Equipment”). That means
that the time it takes to download and install any software
will be different from Vehicle to Vehicle and can take
anywhere from a few minutes to several hours. The status
will be stored in the Daimler Vehicle Backend and shown to
the Customer via his Use Gateways.
Under some circumstances, the Software Updates may be
required for the unimpeded performance and operation of
the Services. The Customer has no right to obtain the
Software Updates by another means.
While the Software Updates are downloading and installing,
the functionality of the Vehicle or individual components
(e.g., the infotainment system or Communication Module)
3/10
could be compromised for a certain period of time. In the
unlikely event that a fatal technical error should occur
during the installation of the Software Updates, the
functional limitation could persist and a repair may be
needed at an auto repair shop.
4.12 The Services may contain various components and features.
Daimler may, at its discretion, decide to update or change
such components and features of the Services at any time
and from time to time. The Services may include, but not
limited to, those components described under each of the
STC as well as certain other components provided by
relevant call center. Such call center will provide the
information call services, which are named as “i-Call”
services under certain other user terms or introductory
materials available to you. Such call center’s services may
not be applicable to all models of Daimler’s Vehicle. Such
call center’s services include service inquiry and complaint
handling of all or part of the Services, as well as the
“Send2Car and POI Download”, “Stolen Vehicle Locator”
and “Dealer Connect” as follows:
(1) Send2Car and POI Download
Mobile phone call scenario
Where the Customer requests a destination/point of
interest (“POI”) to be sent to his/her vehicle by telephone
call, a call center agent, upon verification, will assist in
selecting the specific destination that best meets the
Customer’s needs, and then send the destination to the
vehicle’s navigation unit. When the Customer starts the car,
the destination will show on screen, and the navigation
system will calculate a route based on the vehicle’s current
location, and the information of previous destinations is
kept under "Destination Download". If there are many cars
assigned to one mobile phone number, the agent will
confirm verbally with the Customer about which vehicle(s)
is (are) specified to send the destination.
In-car button scenario
Where the Customer accesses in-car button for
POI/destination sent to his/her vehicle, the Customer will
be connected to a call center agent when the in-car i-Call
button is pressed and the call center agent will provide the
“Send2Car” services as described in the above section.
(2) Stolen Vehicle Locator (Tracking)
Stolen Vehicle Location Assistance gives the Customer a
way to assist local law enforcement officials in locating and
potentially recovering their stolen vehicles. After filing a
police report on a stolen vehicle, the Customer contacts
the call center with the police report case number and
other information that are necessary for such service.
The call center agent will verify the Customer’s identity and
case number to protect both the Customer and the vehicle.
Once the authentication process is complete, the vehicle’s
location information is retrieved by the call center agent.
The call center agent then contacts the appropriate public
safety personnel with the stolen vehicle case number and
provides the vehicle’s location and direction to local law
enforcement officials.
(3) Dealer Connect
Dealer Connect service builds a connection between the
Customer and a dealer with the help of a call center agent.
The dealer can be the preferred dealer, a certain dealer or
closest dealer. The call center agent will assist Customer to
call dealer, or send dealer’s address to the head unit of the
vehicle. To protect the Customer conversation privacy, the
call center agent hangs up the phone while the call has
been connected to the selected dealer. In the case that the
dealer is not reachable in the non-service hour, the dealer’s
information will be provided to the Customer at the
Customer’s request and the customer will contact the
dealer of his/her own during the dealer’s operation hours.
For the avoidance of doubt, the above descriptions
regarding “Send2Car and POI Download”, “Stolen Vehicle
Locator (Tracking)” and “Dealer Connect” are set forth
hereunder for providing you with the general information, and
those requirements and provisions set forth under Section 2
and Section 4 of the Special Terms and Conditions for Using
Mercedes me connect Concierge Service (as may be amended
or updated from time to time) shall be applicable, mutatis
mutandis, to such components of the Services.
5. Requirements of Use
5.1 The Services are available in certain models of Vehicles,
which are fitted with an integrated Communication Module.
Some Services require additional optional equipment in the
Vehicle. Details and any other requirements of use are set
forth in the respective STC and the Overview of Services.
5.2 In order to be able to use the Services for a Vehicle, the
Vehicle must be connected with a User Account.
Services in the Vehicle cannot be activated and used until
the Vehicle is connected with a User Account. Every
Vehicle must always be allocated to one Customer as “main
user”; additional vehicle users may be registered as
“Co-Users”, as specified in section 9.1.
5.3 The Customer may disconnect Vehicles by removing the
Vehicle from his User Account. The Customer shall
immediately disconnect his Vehicle in the event he/she
sells, transfers or otherwise disposes of his Vehicle.
Without limiting other provisions set forth hereunder, the
Customer shall bear all liabilities and takes full
responsibility for any claims resulting from his/her failure
to disconnect the Vehicle upon sales or any transfer of
ownership of such Vehicle.
The disconnection will deactivate the Services in the
relevant Vehicle for the Customer.
Important: Any obligations owed to Daimler and/or the
Service Partners to pay any fees (if any) arising out of or in
connection with the Services will remain unaffected by
disconnection.
5.4 The Equipment
The Service is provided only if your Vehicle is equipped with
compatible Equipment in good working order. Additionally,
your vehicle must have a working electrical system,
including adequate battery power, in order for the
Equipment and Service to operate and function
appropriately. The Service may not work if you attempt to
modify the Equipment or add any equipment or software in
or to your Vehicle that is not expressly authorized by us or
is not compatible with the Equipment or Service. The
receipt of the Service may vary in different Vehicles
depending on the electrical systems of the Vehicle and the
version of Equipment or software in the Vehicle. For
instance, you may need to adjust the volume to hear the
audio portions of the Services.
We use software in connection with the Services. As
between you and us, we (and/or our applicable Service
Partners) own all such software and you do not acquire any
rights in such software, including any right to use or modify
the software (other than in the ordinary course of your
receipt and use of the Services).
4/10
We may update the software contained in your Vehicle’s
systems or the Equipment from time to time. We may do
this remotely without notifying you first. Your Vehicle’s
systems and the Equipment also may contain or utilize
software that we or our Service Partners may need to
update or change from time to time. You agree that we may
assist them to make such updates or changes that they
request remotely without advance notice or your consent.
These software updates may affect or erase data that you
have previously stored on the Equipment in your Vehicle
(for example, specific route or destination information). We
and the Service Partners assume no responsibility for lost
or erased (or otherwise affected) data, and you are solely
responsible for the data that you may have downloaded,
uploaded, transmitted or otherwise stored from, to, on or
through the Equipment or Service.
6. Fees and Costs
6.1 Subject to the terms and conditions of this Terms and
Conditions and unless and until otherwise noticed by
Daimler, no fees are charged for concluding this Terms and
Conditions. Daimler may decide, in its sole discretion,
whether or not to charge any fees or costs for the Services,
and Daimler may further change or update such fees or
costs at any time or from time to time, in its sole discretion.
6.2 Daimler may decide that the costs for certain volume of
mobile data occurring during the process of providing the
Services would be borne by Daimler, and Daimler may
adjust or cancel such volume at any time and from time to
time in its sole discretion.
6.3 Any costs for the mobile data connection that are incurred
when the Customer using his compatible end-device or
other media and telecommunications equipment accesses
the Customer Portal or his User Account outside the
Vehicle shall be borne by the Customer in accordance with
the rates charged by his own service provider. Additional
Wifi data package purchasing means may be made
available to the Customer and the Customer may purchase
Wifi data package at his own costs.
6.4 The use of all or part of the Services may incur fees and
costs. All or part of such fees and costs may be charged by
or collected through the Service Partners. The amount or
charging standards of such fees and costs may change
from time to time.
7. Obligations of the Customer
7.1 The Customer represents and warrants that his profile data,
specifically name, address (and email address if the
Customer has his own User Account), and date of birth and
other information provided to Daimler and or the Service
Partners are correct. The Customer shall inform Daimler of
any changes to this data without undue delay.
If the data is incorrect and communication with the
Customer is therefore not possible, then Daimler reserves
the right to block the Services.
Important: Any obligations owed to Daimler and/or the
Service Partners to pay any fees (if any) arising out of or in
connection with the Services will be unaffected by a
blocking.
7.2 The Customer shall without undue delay cause the Vehicle
to be disconnected from the Services in accordance with
section 5.3, if he is no longer entitled to use the Vehicle
(e.g., because it is sold or he has lost his right to continue
using the company or leased car) or if this Vehicle has been
destroyed.
If the Customer violates his obligation to disconnect a
Vehicle, then Daimler may decide to disconnect the Vehicle
in accordance with section 5.3 without any prior
notification and will then inform the Customer that the
disconnection has taken place. The liability of the Customer
under section 7.7 shall remain unaffected. For the
avoidance of doubt, the Customer shall bear any and all
liabilities incurred due to his failure of disconnecting the
Services from his Vehicle in a timely manner.
7.3 The Customer shall keep all access details and passwords
necessary to use the Services safe, not disclose them to
third parties, and prevent them from being misused. The
Customers shall not use the same combination of email
address and password for accessing the User Account that
he uses for other online services. The Customer shall
impose the above obligation also on any “Co-Users”, as
specified in section 9.1.
7.4 The Customer will be entitled to use the Services only if he
complies with all legal requirements and does not pursue
any purposes in breach of the Terms and Conditions or
applicable law.
7.5 If the Customer identifies that the Services have been used
in breach of the Terms and Conditions or applicable laws or
that an unauthorized third party has carried out an
inadmissible activity on the mobile network provided for the
Services, then the Customer must inform Daimler of this
without undue delay via his User Account or by contacting
the Mercedes connect me Service Center (“TCC”) using one
of the methods described in section 13.
7.6 The software applications provided for the use of the
Services shall not be modified, edited, decompiled
(including by means of reverse engineering), stored or
otherwise copied by any person not authorized by Daimler.
7.7 The Customer shall be liable to Daimler for any loss or
damage arising from his violation of the obligations under
the Terms and Conditions in accordance with the statutory
provisions.
7.8 The Customer agrees that the limitations on liability, the
disclaimers and the indemnity as set forth under Section 10
of these Terms and Conditions will survive even after the
Services available to the Customer have ended and such
Services has terminated. Such limitations on liability,
disclaimers and indemnity apply not only to the Customer,
but also to anyone using the Customer’s Vehicle, the
Equipment or the Services, to anyone making a claim on
the Customer’s behalf, and to any claims made by the
Customer’s family, employees, customers, or others arising
out of or relating to any Services Daimler or the Service
Partners provide or the Equipment.
7.9 The Customer is personally responsible for saving any data
on its compatible end-devices.
7.10 Your Responsibilities for Those Who Use Your Vehicle
Without limitation of anything set forth herein, you are
solely responsible for those who activate or use the
Services in your Vehicle, including requesting Services or to
change, modify or terminate your account or the Services,
even if you later claim the use was not authorized. You will
be responsible for any damages or other amounts owed to
us or any of our Service Partners as a result of such use.
Neither we nor any Service Partner has any obligation to
inquire about the authority of anyone using your Vehicle or
other information that can be used to identify your account
to request the Services for your Vehicle. You are
responsible for keeping your personal information and any
5/10
passwords you use to access the Services in a safe place
and not to share it with anyone. We will make any changes
to your account or charge you for any amounts authorized
by a person who provides your authentication information
that can be used to access your account.
7.11 The Customer agrees to use the Equipment, the Services
and any other services that Daimler and/or its Service
Partner offers in a way in compliance with applicable laws.
The Customer agrees not to use the Equipment, the
Services, any other service we may offer, in any way that is
illegal, fraudulent or abusive, including to harass, threaten,
abuse, defame, or slander, any individual or entity. The
Customer agrees that the Customer shall use our
emergency and roadside Services only for actual
emergencies and legitimate roadside assistance and
remote vehicle door unlock needs. The Customer may not
use the Services in a manner that interferes with any other
customer's use of our Services. You agree you will not
abuse or do anything to damage our or any of our Service
Partner’s respective business, operations, services,
reputation, employees, equipment, property or facilities.
You further agree that you will not harass, threaten or use
vulgar and/or inappropriate language towards any
customer service representatives. We and our Service
Partners provide the Services, including the messages,
data, information, content, or other material provided as
part of the Services, for your non-commercial use only, and
not for re-sale. Certain information you receive through the
Services is the property of us or our Service Partners and it
may be subject to one or more copyrights, trademarks,
service marks, patents, or other legal protections. You may
not (or permit or cause any other party to) sell or resell or
otherwise use it for commercial purposes, nor may you
reproduce, copy, modify, make derivative works from or
otherwise display or distribute it. These uses are expressly
prohibited by these Terms and Conditions.
7.12 The Services is provided to you as a convenience. However,
the Service is not a substitute for insurance. Neither we nor
our Service Partners are an insurance service provider in
the process of providing the Services, nor should you
consider the Services as insurance or rely on it to limit the
potential for loss, theft or damage to your Vehicle or
property. The payments you make for the Services (if any)
bear no relation to your Vehicle’s value or that of any
property you may keep in it, or the cost of any injury to or
damages suffered by you. You agree that you bear sole
responsibility for obtaining and maintaining appropriate and
lawful insurance covering personal injury, loss of property,
and other risks covering yourself, those who operate your
Vehicle, your passengers and anyone else claiming any
damages, and release us from any such responsibility. No
insurance company or insurer will be entitled to any right of
subrogation against us or our Service Partners.
It is your responsibility to maintain your Vehicle and its
systems (including the Equipment) in good working order
and in compliance with these Terms and Conditions and all
applicable laws.
7.13 Excessive Usage
Our ability to provide the Services and maintain its quality
may be impaired when the Customer places illegitimate
emergency, road side assistance or remote vehicle door
unlock calls, place or initiate an abnormally high numbers
of calls, send or receive unusually high numbers of
messages, repeatedly place calls of unusually high
frequency or long duration, or use data channel services at
a rate that is extremely high relative to typical usage by
other customers for similar Services (“Excessive Usage”).
Such a typical, illegitimate or excessive usage suggests that
the Service is being used in violation of these Terms and
Conditions, and such excessive use may, in our sole
discretion, result in termination or suspension of the
Services.
7.14 Suspending, Transferring or Reactivating the Service
(1) Suspension of the Services
We can decide to suspend the Services at any time for any
reason in our discretion, including for network or system
maintenance, improvement, congestion, or failure or if we
suspect your Services (in whole or in part) is being used for
any unauthorized or inappropriate purpose, or for reasons
unrelated to you or your account with us. If suspension or
termination of the Service occurs for any reason, you
acknowledge and agree that you may not be able to access
any or all of the Services, including the emergency services.
(2) Termination of the Services
You may cancel the Services at any time by contacting one
of our customer service representatives from TCC and
notifying us that you want to terminate the Services. Unless
otherwise expressly set forth in these Terms and Conditions
or agreed by Daimler, we will not refund any other amounts
that you have paid in advance (if any). Such fees are
non-refundable, to the greatest extent permitted by the
applicable laws. Further, we may suspend or terminate
Services (in whole or in part) pursuant to Section 8.2 below.
If we elect to terminate your Service (in whole or in part) as
a result of your breach of these Terms and Conditions or
unauthorized use of the Service or Equipment, you will not
be entitled to any refunds or credits.
(3) Transferring the Services
If the Services are active in your Vehicle when you sell or
transfer your Vehicle to a third party (the “Transferee”), you
shall notify such Transferee of that and of this Terms and
Conditions. In addition, please follow the relevant
instructions at the Customer Portal regarding the
disconnection or re-connection of your User Account with
your Vehicle in case you sell or transfer your Vehicle to the
Transferee. The Services will not be provided to the
Transferee unless the sale or transfer and the required
information of the Transferee are duly registered with us
and/or our applicable Service Partners and the Transferee
expressly accepts this Terms and Conditions. It is your
responsibility to clear all data and content (including any
Personal Information) that you may have stored on your
system before you sell or transfer your Vehicle. We may
communicate with you about the Services by providing you
with messages through the Equipment in your Vehicle. If
you fail to notify us of a sale or transfer of your Vehicle or
termination of your lease, we may continue to send
messages or other information about the Vehicle or your
account to the billing or email address currently on file with
us. We are not responsible for any privacy related damages
you or your transferee may suffer as a result.
Reactivating the Services
You may feel free to reactivate one or more of the Services
available to you after you have temporarily deactivated
such Services. However, if you have disconnected your
User Account from your Vehicle and thereafter you wish to
reactivate the Services to your Vehicle, you have to go to
your dealership for handling such reactivation.
8. Term and Termination
8.1 The term of the Services is set forth on the Overview of
Services.
6/10
8.2 We reserve the right to issue a warning and/or to suspend
or terminate the Services (in whole or in part), this Terms
and Conditions, and/or the Customer’s access to the
Customer Portal, at any time and for any reason in our sole
discretion, including if the Customer breaches the terms
and conditions under this Terms and Conditions, or any
other applicable agreement or policy, or if we suspect the
Customer’s Services or Equipment is being used for any
unauthorized or inappropriate purpose, even for reasons
unrelated to the Customer or the Customer’s account with
us, or for any other reason in our sole discretion.
8.3 The Customer may terminate this Terms and Conditions
and individual Services, respectively, at any time. The
Customer may complete such termination via his User
Account. .
Important: Any obligations owed to Daimler and/or the
Service Partners to pay any fees (if any) arising out of or in
connection with the Services will be unaffected by such
termination.
8.4 If a Customer previously domiciled in the Territory changes
his domicile to a place outside of the Territory, the Services
will be automatically terminated without any further notice.
Important: Any obligations owed to Daimler and/or the
Service Partners to pay any fees (if any) arising out of or in
connection with the Services will be unaffected by such
change of domicile.
8.5 In the event this Terms and Conditions or individual
Services are terminated, the relevant Services will be
deactivated in the impacted Vehicle.
9. Other Users and Co-User Authorization
9.1 In order to enable other persons to access Services, the
Customer can authorize these other persons as co-users
(“Co-Users”) on his User Account. To use the Services as
Co-Users, these other persons must also hold a User
Account and confirm online their activation by the
Customer.
9.2 Co-Users can view, operate and use certain Services in
exactly the same way as the Customer via their Use
Gateways (e.g., they can inquire as to the Vehicle's status).
However, only the Customer is able to obtain Services,
terminate the Services, activate and deactivate the
Services and Connect and Disconnect the Services. Details
and specific provisions regarding the rights of Co-Users
may be found in the respective STC.
The scope of the Services can vary for the Co-User
depending on which Use Gateway is used to access them.
Details can be found in the respective STC and the
Overview of Services.
9.3 The Customer can revoke the authorization of a Co-User at
any time via his User Account.
10. Limitations on Liability, Disclaimers and Indemnity
10A Limitations on Liability
10.1 By accepting this Terms and Conditions, whether by
accepting this Terms and Conditions in Daimler’s system or
by using the Services, the Customer is waiving important
rights, and the Customer is providing his/her express
consent to various actions to be taken by Daimler and/or
the Service Partners.
10.2 IF DAIMLER OR ANY SERVICE PARTNER IS FOUND TO BE
LIABLE TO THE CUSTOMER FOR ANY REASON, THE
CUSTOMER AGREE THAT THE MAXIMUM, AGGREGATE
LIABILITY OF DAIMLER AND/OR ANY SERVICE PARTNER
TO THE CUSTOMER, AND THE CUSTOMER’S EXCLUSIVE
REMEDY UNDER ANY THEORY OR FOR ANY CAUSE
WHATSOEVER (INCLUDING BUT NOT LIMITED TO ANY
FAILURE OR DISRUPTION OF SERVICES PROVIDED UNDER
THIS TERMS AND CONDITIONS, FRAUD,
MISREPRESENTATION, BREACH OF CONTRACT, PERSONAL
INJURY, OR PRODUCTS LIABILITY), SHALL BE LIMITED TO
AN AMOUNT EQUAL TO THE PORTION OF THE SERVICE
RATES CHARGED TO THE CUSTOMER FOR THE SERVICES
THAT ARE THE SUBJECT OF THE CLAIM FOR THE PERIOD
OF SERVICES DURING WHICH ANY RESULTING DAMAGES
OCCURRED. TO THE GREATEST EXTENT PERMITTED BY
APPLICABLE LAW, THE CUSTOMER ACKNOWLEDGES AND
AGREES THAT NEITHER DAIMLER, NOR ANY SERVICE
PARTNER, WOULD HAVE AGREED TO PROVIDE THE
SERVICES OR EQUIPMENT TO THE CUSTOMER WITHOUT
THE CUSTOMER’S AGREEMENT TO THIS LIMITATION. THE
CUSTOMER FURTHER ACKNOWLEDGE AND AGREE THAT
THE DAMAGE CAP SET FORTH IN THIS PARAGRAPH SHALL
BE THE SOLE AND EXCLUSIVE LIABILITY OF DAIMLER AND
THE SERVICE PARTNERS TO THE CUSTOMER, TO THE
GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
10.3 THE CUSTOMER AGREES TO RELEASE DAIMLER AND EACH
SERVICE PARTNER FROM ALL CLAIMS, LIABILITIES AND
LOSSES IN CONNECTION WITH THE SERVICES AND/OR
EQUIPMENT, INCLUDING, BUT NOT LIMITED TO, CLAIMS
FOR PERSONAL INJURY OR PROPERTY DAMAGE ARISING
FROM THE TOTAL OR PARTIAL FAILURE OF PERFORMANCE
OF THE SERVICES, EVEN IF CAUSED BY THE NEGLIGENCE
OF DAIMLER OR ANY SERVICE PARTNER, OR THE
MALFUNCTION OF THE EQUIPMENT USED DURING THE
PROVISION OF SERVICES. TO THE GREATEST EXTENT
PERMITTED BY APPLICABLE LAW, THE CUSTOMER AGREES
THAT THIS RELEASE EXTENDS TO ANY PARTY CLAIMING
UNDER THE CUSTOMER AND THAT NO INSURANCE
COMPANY WILL HAVE ANY RIGHT OF SUBROGATION.
10B Disclaimers
10.4 NEITHER DAIMLER NOR ANY SERVICE PARTNER SHALL
ASSUME ANY RISK OR RESPONSIBILITY FOR THE
CUSTOMER’S USE OF THE SERVICES, OR ANY OF THE
INFORMATION OR OTHER CONTENT PROVIDED AS PART
OF THE SERVICES. THE CUSTOMER ACKNOWLEDGES AND
AGREES THAT NEITHER DAIMLER NOR ANY OF THE
SERVICE PARTNERS ARE LIABLE FOR DROPPED CALLS OR
INTERRUPTED SERVICES, OR FOR PROBLEMS
CONTRIBUTED TO OR CAUSED BY THE CUSTOMER, BY
ANY THIRD PARTY, BY BUILDINGS, HILLS, TUNNELS,
NETWORK CONGESTION, ATMOSPHERIC CONDITIONS,
ACT OF GOD OR NATURAL DISASTER OR BY ANY
CHANGES OF APPLICABLE LAWS, REGULATIONS OR
RULES OR BY ANY OTHER CONDITIONS OR
CIRCUMSTANCES OUT OF THE CONTROL OF DAIMLER OR
ANY SERVICE PROVIDER.
10.5 NEITHER DAIMLER NOR ANY SERVICE PARTNER IS LIABLE
(1) FOR ITS INABILITY TO CONTACT ANY SERVICE
PROVIDER OR OTHER PARTY IN ANY PARTICULAR
SITUATION (INCLUDING ANY EMERGENCY PERSONNEL),
(2) FOR ANY ACT OR OMISSION OF ANY OTHER ENTITY
FURNISHING ANY PART OF THE SERVICES OR ANY
EQUIPMENT PROVIDED FOR SUCH SERVICES, (3) FOR
ERRORS OR OMISSIONS OF ANY VENDORS, DEALERS OR
MANUFACTURERS PARTICIPATING IN OFFER OF SERVICES,
OR (4) FOR ANY DAMAGES THAT RESULT FROM OR ARISE
OUT OF THE USE, INSTALLATION, REPAIR OR
MAINTENANCE BY THE CUSTOMER (OR BY ANY PERSON
THE CUSTOMER AUTHORIZES) OF THE EQUIPMENT OR
7/10
SERVICES, OR ANY PRODUCT OR SERVICE PROVIDED BY
OR MANUFACTURED BY THIRD PARTIES.
10.6 IN NO EVENT SHALL DAIMLER OR ANY SERVICE PARTNER
BE LIABLE TO THE CUSTOMER OR ANY OTHER PARTY FOR,
AND THE CUSTOMER CANNOT RECOVER ANY, (A)
PUNITIVE, EXEMPLARY, TREBLE, CONSEQUENTIAL,
INDIRECT, OR SPECIAL DAMAGES OF ANY KIND,
INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR
REVENUE (REGARDLESS OF WHETHER DAIMLER OR ANY
SERVICE PARTNER HAS BEEN NOTIFIED THAT SUCH LOSS
MAY OCCUR); OR (B) ATTORNEY’S FEES, TO THE GREATEST
EXTENT PERMITTED BY APPLICABLE LAW. THE CUSTOMER
AGREE NOT TO MAKE, AND TO WAIVE TO THE FULLEST
EXTENT ALLOWED BY LAW, ANY CLAIM FOR DAMAGES
OTHER THAN DIRECT, COMPENSATORY DAMAGES AS
LIMITED ABOVE.
10.7 THE CUSTOMER EXPRESSLY ACKNOWLEDGES AND
AGREES THAT THE USE OF OR ANY RELIANCE UPON ANY
INFORMATION OR CONTENT AVAILABLE THROUGH THE
SERVICES IS SOLELY AND COMPLETELY AT THE
CUSTOMER’S OWN RISK AND RESPONSIBILITY. IT IS THE
CUSTOMER’S SOLE RESPONSIBILITY TO ENSURE THAT THE
CUSTOMER (AND/OR ANY OTHER OCCUPANT OF THE
CUSTOMER’S VEHICLE) EXERCISE GOOD JUDGMENT AND
OBEY TRAFFIC AND ALL OTHER APPLICABLE LAWS AND
REGULATIONS, WHEN OPERATING THE CUSTOMER’S
VEHICLE, USING THE EQUIPMENT AND SERVICES,
AND/OR EVALUATING WHETHER THE USE OF ANY OF THE
SERVICES (OR THE ROUTING AND DIRECTION DATA THE
CUSTOMER RECEIVES, TO THE EXTENT AVAILABLE) IS
SAFE AND LEGAL UNDER THE CIRCUMSTANCES.
10.8 NEITHER WE NOR OUR SERVICE PARTNERS GUARANTEE
THAT THE ROUTE AND DIRECTION DATA PROVIDED TO
YOU THROUGH THE SERVICE, WHETHER OR NOT
PROVIDED TO YOU BY US DIRECTLY, OR THROUGH ONE
OF OUR SERVICE PARTNERS, IS ACCURATE OR COMPLETE
IN ANY INSTANCE. SUCH DATA MAY NOT INCLUDE, FOR
EXAMPLE, COMPLETE, RELEVANT OR ACCURATE (OR ANY)
INFORMATION ABOUT ONE-WAY ROADS, TURN
RESTRICTIONS, CONSTRUCTION PROJECTS, SEASONAL OR
TEMPORARY ROADS OR REFLECT NEW INFORMATION ON
CHANGES TO SUCH ROADS, RESTRICTIONS OR PROJECTS.
ALSO, FOR EXAMPLE, IT MAY SUGGEST USING A ROAD
THAT IS NOW CLOSED FOR CONSTRUCTION OR A TURN
THAT IS NOW PROHIBITED BY SIGNS AT THE
INTERSECTION.
10C Indemnity
10.9 The Customer agrees to indemnify and hold harmless
Daimler and each of the Service Partners, and each of
Daimler’s, and their respective affiliates’, officers, directors,
agents, partners and employees, from and against any and
all liabilities, settlements, penalties, claims, causes of
action, and demands (including any costs, expenses, or
attorneys' fees on account thereof) (collectively “Claims”)
irrespective of the nature of the cause of such Claims,
alleging loss, costs, expenses, damages or injuries
(including without limitation Claims for libel, slander, or any
property damage, personal injury or death), arising in any
way, directly or indirectly, in connection with the
Customer’s (or any occupant of the Customer’s vehicle)
violation of this Terms and Conditions or the Customer’s (or
any occupant of the Customer’s Vehicle) misuse or failure
to use the Services or Equipment.
11. Data Protection and Data Security
11.1 Collection and Use of the Vehicle and Subscriber Data
(1) The Customer expressly consents to the following,
with respect to any information regarding the
Customer or the Customer’s Vehicle (or the
Customer’s use or receipt of Equipment and/or the
Services or the repair and maintenance of the Vehicle)
(which may include, without limitation, diagnostic data
from or about the Vehicle or the use of the Services,
location data, as well as personally identifiable
information from or about the Customer), which
Daimler and/or the Service Partners obtain or derive
through or in connection with the Services available to
the Customer or in connection with the Equipment,
the Customer’s vehicle and/or the Service
(collectively, the “Vehicle and Subscriber Data”).
Such Vehicle and Subscriber Date shall include,
without limitation:
(a) vehicle’s description, location, altitude, direction of
travel;
(b) vehicle’s data about its operation (e.g., diagnostic
information, oil life remaining and odometer reading);
(c) service data, incidents or accidents in connection with
the vehicle (the direction from which the Customer’s
Vehicle was hit and which air bags have deployed);
(d) calling information of the vehicle (e.g., the date, time
and duration of call; information provided to or
received from the Customer during the call; any
written notes taken by the customer service
representative during a call); and
(e) all Personal Information (as defined below) provided
by the Customer for the purpose of purchasing or
leasing a vehicle or subscribing for or using the
Services.
For the purpose of this Terms and Conditions,
“Personal Information” refers to any information
associated with a Customer, which independently or
when combined with other information, is able to
identify such Customer, for example, the name, date of
birth, identification card number, or address of a
Customer.
Daimler shall own the ownership of, and all rights and
interests in and to the Vehicle and Subscriber Data
except for the Personal Information provided by the
Customer, the ownership of which shall be determined
in accordance with applicable laws.
(2) Daimler and/or the Service Partners may collect,
intercept or obtain Vehicle and Subscriber Data from
and/or about the Customer and/or the Customer’s
Vehicle in a number of ways, including (without
limitation): (i) from the information the Customer or
the Customer’s Vehicle dealer or manufacturer
provide to Daimler when the Customer buys or leases
such Vehicle or register for Services, (ii) from the
Customer’s or the Customer’s Vehicle’s receipt or use
of the Services or Equipment (as applicable), (iii) from
the Customer’s use of the Customer Portal or any
websites of the Service Partners, (iv) from the
Customer directly, through communications with the
Customer, (v) from Service Partners (or, in the case of
the Service Partners, from Daimler); and (vi) from the
Customer’s Vehicle itself through the Equipment in
the Vehicle and the use of the Equipment or the
Services. Without limitation of the generality of the
foregoing, (a) Daimler and/or the Service Partners
may intercept any wire, wireless, oral or electronic
8/10
communications made or transmitted through the
Services, at any time and for any reason, (b) Daimler
and/or the Service Partners may retrieve, access
and/or use any of the information (including, without
limitation, location information) recorded, transmitted
or otherwise obtained in connection therewith, at any
time and for any reason as permitted hereunder
(except that the Personal Information contained
therein will only be used for purposes in relation to the
provision or preparation for provision, improvement or
development of the Vehicles or the Services) and (c)
the Customer’s consent to the foregoing and
expressly release Daimler and the Service Partners
therefor. Daimler and the Service Partners may share
between and amongst us the Customer’s Vehicle and
Subscriber Data that have been collected or otherwise
obtained, and the Customer expressly acknowledges
and consents to such sharing. The Customer’s
consent that to the extent permissible by applicable
law, the Vehicle and Subscriber Data may be accessed
abroad by Daimler and/or the Service Partners for
purposes in resolving Services difficulties or providing,
improving or developing the Services or related
services.
(3) To comply with appropriate legal process, including
any rule, order, subpoena, national security letter or
other request of any government entity(including
applicable stock exchanges), law enforcement entity
or court, Daimler and/or any of the Service Partners
may disclose to law enforcement authorities or other
legal or governmental representatives any Vehicle and
Subscriber Data, including, without limitation, the
Customer’s name, Vehicle location, account history,
account information, or other transmission data.
(4) Daimler and/or the Service Partners also may
disclose to third parties any Vehicle and Subscriber
Data necessary to respond to claims of violation of the
rights of third parties, or to protect any of the rights
and property of Daimler and/or the Service Partners
(as applicable).
(5) Without limiting the foregoing, the Customer further
expressly consents (i) to the acquisition and sharing of
all Vehicle and Subscriber Data by and between
Daimler and the Service Partners (and with their
respective vendors and dealers) freely in accordance
with the agreements entered into by such parties, (ii)
to Daimler’s and the Service Partners’ use of such
data to perform and provide the Services or for the
preparation works for providing such Service (except
that the Personal Information contained therein will
only be used for purposes in relation to the provision
or preparation for provision, improvement or
development of the Vehicles or the Services), (iii) to
Daimler’s use of such data for purposes of its internal
research and improvement and development of
Vehicles and services, and (iv) to the use of such data
for purposes of internal research and improvement
and development of telematics services by the Service
Partners and/or Daimler.
(6) Because the Services are provided through wireless
networks, the Customer’s communications may be
intercepted by others. Daimler or the Service
Partners, including, for example, telecommunications
carriers and other wireless service carriers, cannot
and do not guaranty (and Daimler and the Service
Partners expressly disclaim) the security and privacy
of wireless transmissions, and Daimler and the
Service Providers will not be liable for any lack of
security relating to the use of the Service by the
Customer or the Customer’s Vehicle. The Customer
agrees that to the greatest extent permitted by
applicable law, the Customer will not hold Daimler or
any of the Service Partners liable for any damages
resulting from any loss of privacy or security occurring
in connection with any communications over such
networks.
(7) The Customer acknowledges and agrees that Daimler
and/or the Service Partners (either by themselves, or
through their vendors) may record and/or, subject to
the applicable laws of the Territory, monitor
telephonic conversations between the Customer and
Daimler (or the Service Partners), their customer
service representatives, emergency personnel, or the
police, as well as the Customer’s use of any of the
automated services, for various purposes, including
(without limitation), in order to assess, maintain or
improve the quality of the Services, for issue
resolution, training purposes, or to promote and
provide the Services. Daimler’s customer service
representatives (as well as those of the Service
Partners, if applicable) may also remain on the line
while conferencing in a third party to assist in
completing a service request. The Customer (for
himself/herself and the Customer’s Vehicle’s
occupants and anyone else acting or using the
Services on behalf of the Customer): (1) expressly
consent to the monitoring and recording activities
described herein, and (2) release Daimler and the
Service Partners from claims, liabilities and losses
resulting in connection with any such monitored
and/or recorded conversations as described herein.
(8) Daimler and the Service Partners strive to handle the
Customer’s information in a manner consistent with
applicable privacy laws.
(9) Daimler and/or the Service Partners may
communicate with the Customer by providing the
Customer with messages through the Equipment in
the Customer’s Vehicle or to the billing or email
address or other contact information for the Customer
that we have on file. We and/or our Service Partners
may also use your email address or mobile telephone
number to send you emails or SMS about products,
Services and other services, specials and online
promotions, which may be related to the Services or
not, to the greatest extent permitted by the applicable
laws.
(10) From time to time, we may also use your email
address to send you information about selected third
party products, services or offers relating to our
offerings or services that we think may be of interest
to you. If you do not want to receive emails about our
offers or products or those of these selected third
parties, you can also contact a customer service
representative. Please note that even if you choose
not to receive marketing emails from us, you may still
hear from us or the Service Partners regarding your
Services, your account, your system status and any
other Service-related issues and order status updates
that will allow us to provide you with the optimal user
experience.
(11) We or the Service Partners may also use your name,
postal delivery information and phone number to
contact you for various purposes (including marketing
purposes).
9/10
11.2 Privacy Policy
The following Services privacy policy (“Services Privacy
Policy”) governs the collection and use of the Vehicle and
Subscriber Data:
(1) Use of Vehicle and Subscriber Data
(a) Except as otherwise provided for in this Terms
and Conditions, you agree that we or our Service
Partner may, subject to applicable law, use any of
Vehicle and Subscriber Data to, but without
limitation: (i) provide or prepare ourselves for
providing Services to you or your Vehicle
(including, but not limited to, sharing such Vehicle
and Subscriber Data with roadside assistance
providers, emergency service providers, or other
Service Partners, as needed); (ii) communicate
with you about the Services and your User
Account; (iii) evaluate and improve the Services;
(iv) enforce this Services Privacy Policy or any
other agreement entered into between you and
us, or between you and our Service Partner; (v)
comply with laws and regulations, court orders or
government authority’s requirement; (vi) protect
your or any other person’s rights, property, or
safety; (vii) offer you new or additional products
or services; (viii) advertise or promote products or
services; or (ix) perform market research. We
will not sell, trade, or rent your information to
others.
(b) Except as otherwise provided for in this Terms
and Conditions, you agree that we or our Service
Partner may share Vehicle and Subscriber Data
with our customer service call centers or our
Service Partners (including, but not limited to,
roadside assistance service providers, emergency
service dispatchers and providers, and
information service providers, or others as
needed), the telecom carrier for the Services, our
authorized dealers, as well as other entities
required to deliver the Services. We and our
Service Partners may also use Vehicle and
Subscriber Data for analysis and research
purposes and will share information as necessary
with third parties to accomplish those tasks. We
may also disclose Vehicle and Subscriber Data to
individuals designated by you to be contacted in
emergencies.
(c) Our Service Partners may use other service
providers to provide the Services requested by
you or your vehicle occupants. Vehicle and
Subscriber Data necessary to provide any of the
Services you request may be provided to such
third-party service providers and this Services
Privacy Policy will not govern those providers.
(d) A customer service representative of call centers
operated by our third-party services providers
may track the location of your Vehicle, without
the occupant’s knowledge, in order to assist in
recovering the Vehicle, providing emergency
services or serve other legitimate purposes.
(e) If you do not notify us of a sale or transfer of your
vehicle, we may continue to send reports or other
information about the Vehicle or the Services
account to the contact information currently on
file with us. In such case, we are not responsible
for any privacy related damages you or your
transferee may suffer.
(2) We may record, monitor, or track the location
information of your Vehicle in the event that:
(a) you or other occupants in your Vehicle request
any of Services;
(b) the automatic collision notice service is triggered
in emergency (e.g., airbag(s) of your vehicle
deploy(s) due to severe vehicle collision);
(c) stolen vehicle location service is available to your
Vehicle and you report to the police that your
Vehicle as stolen;
(d) any other Services that may need your Vehicle’s
location; or
(e) as otherwise required by laws or regulations or
as required by government authorities.
(3) Protection of Vehicle and Subscriber Data
We have physical, electronic and procedural
safeguards in place to protect against the loss,
misuse, and alteration of Vehicle and Subscriber Data
under our control.
(4) Security on the Cellular Telephone Network
In providing the Service, voice and data are
transmitted between the customer service call center
and your Vehicle over the cellular telephone network.
This network is complex and not necessarily secure.
Therefore, the privacy and security of conversations or
data transmitted to and from the vehicle cannot be
guaranteed.
(5) We and the Service Partners will use your Personal
Information for purposes of the improvement or
development of the Vehicles or the Services, including
that we and the Service Partners may choose to
disclose your Personal Information to the third-party
service providers or authorized agents for such
purposes.
(6) Updates and Inquiries Regarding the Services Privacy
Policy.
We may change this Services Privacy Policy at any
time in our sole discretion. You can access the
current Services Privacy Policy at the Customer Portal
or request a copy by calling Mercedes me connect at
400-898-0050. Comments or inquiries about our
Services Privacy Policy should be directed to the
Mercedes me connect Services at 400-898-0050.
12. Miscellaneous Terms
12.1 Dispute Resolution
YOU AND WE AGREE THAT IN THE EVENT OF ANY DISPUTES
BETWEEN US, WE WILL FIRST TRY TO RESOLVE IT BY
TALKING WITH EACH OTHER. IF WE ARE UNSUCCESSFUL IN
RESOLVING OUR DISPUTES IN THIS MANNER WITHIN A
REASONABLE TIME PERIOD, YOU AGREE THAT, TO THE
FULLEST EXTENT PROVIDED BY LAW:
(1) ANY CONTROVERSY OR CLAIM ARISING OUT OF OR
RELATING TO THIS TERMS AND CONDITIONS, OR TO
ANY PRODUCT, EQUIPMENT OR SERVICES PROVIDED
UNDER OR IN CONNECTION WITH THIS TERMS AND
CONDITIONS, WILL BE SETTLED BY CONFIDENTIAL
INDEPENDENT ARBITRATION INVOLVING A NEUTRAL
ARBITRATOR AND ADMINISTERED BY THE CHINA
INTERNATIONAL ECONOMIC AND TRADE
ARBITRATION COMMISSION (“CIETAC”) IN BEIJING IN
ACCORDANCE WITH THE ARBITRATION RULES OF
CIETAC THEN BEING IN FORCE WHICH RULES ARE
10/10
DEEMED TO BE INCORPORATED BY REFERENCE TO
THIS CLAUSE. THIS ARBITRATION AWARD SHALL BE
FINAL AND BINDING, NOT SUBJECT TO ANY APPEAL
AND SHALL DEAL WITH THE QUESTION OF COSTS OF
ARBITRATION AND ALL MATTERS RELATED THERETO,
AND THE IMMUNITY POWER, IF ANY, IS WAIVED.
You and we agreed that the arbitration, including the
evidence, the argument and the outcome, is
confidential among the parties. You and we may
each tell our lawyers and, if necessary, our financial
advisors and insurers about the arbitration, if they
agree to keep it confidential too. You and we can
both tell others but only if required by law. Nothing
in this agreement prevents either of us from filing the
arbitration award with a court to enforce such award,
though you and we agree that the evidence and
arguments of the parties related to such award will be
treated as confidential information subject to court
approved protective order.
(2) NO ARBITRATOR HAS AUTHORITY TO AWARD RELIEF
IN EXCESS OF WHAT THIS TERMS AND CONDITIONS
PROVIDE. IN ALL ARBITRATIONS, THE ARBITRATOR
MUST GIVE EFFECT TO APPLICABLE STATUTES OF
LIMITATIONS AND WILL DECIDE WHETHER AN ISSUE
IS ARBITRABLE OR NOT.
12.2 Governing Law
Any complaint, arbitration or other legal action permitted
under this Terms and Conditions shall be governed by and
interpreted under the laws of the People’s Republic of China.
12.3 Entire Agreement
This Terms and Conditions and any other document or policy
incorporated by this Terms and Conditions is the entire
agreement between you and us. It supersedes all other
agreements, communications or representations, oral or
written, between us, past or present. We are not responsible
for any statements, agreements, representations, warranties
or covenants, oral or written, including, without limitation,
any statements from third parties, concerning or relating to
the Equipment or the Services provided to you pursuant to
this Terms and Conditions, unless such statements,
agreements, representations, warranties or covenants are
expressly contained in this Terms and Conditions.
12.4 Effect of Termination
Even after the Services available to you have ended and
unless it has been replaced by a new agreement expressly
entered into by and between us, the provisions of this Terms
and Conditions will continue to govern any disputes arising
out of or relating to it. This Terms and Conditions will also be
binding on your heirs and successors and on our
successors. In addition to any other provisions identified
herein as surviving termination or expiration of the Services
available to you, the following provisions of this Terms and
Conditions shall survive the termination or expiration of the
Services available to you: Sections 7, 8, 10, 11 and 12.
12.5 Waiver; Severability.
No waiver of any part of this Terms and Conditions, or of any
breach of it, in any one instance will require us to waive any
other instance or breach. If any part of this Terms and
Conditions is declared invalid or unenforceable, all other
parts of this Terms and Conditions are still valid and
enforceable.
12.6 Assignment
We can assign these Terms and Conditions, in whole or in
part, to any individual or entity we choose, at any time,
without notice to you, in our sole discretion.
13. Service Information
13.1 The Services are provided by Daimler’s Service Partners,
which act on behalf of Daimler for the purpose of providing
the Services, unless otherwise stated in this GTC or in the
STC.
13.2 Contact details for TCC: (+86) 400 651 1280.
Mercedes me connect customer portal: Mercedes.me
Mercedes me connect - overview of servicesVersion 003.002.018.A.17B
Use
poss
ible
wit
h M
erc
edes
me u
ser
account
via t
he M
erc
edes
me p
ort
al
Use
po
ssib
le
wit
h M
erc
edes
me u
ser
acco
unt
usi
ng t
he M
erc
edes
me W
eb
-Ap
p
Use
po
ssib
le v
ia in
fota
inm
en
t sy
stem
in
veh
icle
Term
s
Necess
ary
opti
on
al extr
as
Use Gateways More information
Mercedes me connect Standard Service
life time from initial
registration
as inclusive services
Mercedes-Benz Emergency Call System 3) 8)p
Maintenance Management 3) 8)p
Telediagnostics 3) 8)p
Accident Recovery 3) 8)p
Breakdown Management 3) 8)p
Software Updates 3) 4)p
Mercedes me connect Remote Online
3 years from initial
registration as inclusive
services
Remote Retrieval of Vehicle Status 2)p
Parked Vehicle Locator 2)p
Programming of Charging Settings and Pre-Entry Climate Control 2)5)p
Remote Door Locking and Unlocking 2)p
Geofencing 2)p
Route Planning 2) 5)p
Vehicle Tracker 2)p
Send2Car and POI download 2)p
Mercedes me connect Vehicle Set-Up
3 years from initial
registration as inclusive
services
Remote Retrieval of Vehicle Status 1)p
Remote Door Locking and Unlocking 1)p
Programming of Charging Settings and Pre-Entry Climate Control 1) 5)p
Personalisation 1) 4)p
Remote Configuration of Mercedes-Benz Apps 1)p p
Mercedes me connect Vehicle Monitoring
3 years from initial
registration as inclusive
services
Parked Vehicle Locator 1)p
Geofencing 1)p
Vehicle Tracker 1)p
Route Planning 1) 5)p
Send2Car and POI download 1)p
Mercedes me connect Navigation Services
3 years from initial
registration as inclusive
services
Live Traffic Information 3) 4)p
Car-to-X – Communication 1)p
Local Search 3)p
Weather 1)p
Available Parking Spaces 3) 4)p
Petrol Station 3) 4)p
EV Station POI 3) 5)p
e-Navigator 1) 5)p
Online Map Update 1) 4)p
Traffic Summary Map 3) 4)p
Send2Car and POI download 3)p
WeChat-Mycar 3)p
Office 3 years from initial
registration as inclusive
services Dictation 3) 4)p
Mercedes me connect Concierge Service 3)p 3 years from initial
registration as inclusive
services Mercedes me connect Premium Concierge Service 3) 4)p
Entertainment & Media 3 years from initial
registration as inclusive
services Wifi Hotspot 3) 4) 6)
p
Weather 3) 4)p
Other Services
Remote Parking Pilot 1) 7)
360° camera,
automatic gearbox,
Keyless Go or Keyless Go
package
Mercedes-Benz Apps 3)p
1) The services are available in China for the following model series from 09/2016: E-Class.
2) The services are available in China for the following model series from 09/2016: A-Class, B-Class, CLA-Class, GLA-Class, C-Class, E-Class, CLS-Class, S-
Class, GLC-Class, GLE-Class, GLS-Class, SLC-Class, SL-Class, AMG-GT Class.
3) The services are available in China for all the models mentioned in 1) and 2).
4) The services are available in COMAND vehicles.
5) The services are only available for electric and plug-in vehicles.
6) Customer need to purchase data package for this service, the rest of services are free to use for 3 years.
7) The service needs a standard alone app.
8) For NGCC entry models, will only offer standard services.
---- 20170523