TERMS & CONDITIONS

BMW India Private Limited, a company registered under the provisions of the Companies Act, 1956, having its registered office at 2nd Floor, Oberoi Centre, Building No.11, DLF Cyber City, Phase-II, Gurugram, Haryana – 122002(hereinafter referred to as "BMW") provides the customer with vehicle related information, auxiliary services according to these terms and conditions (hereinafter alto­gether referred to as “Services”) under the name “BMW ConnectedDrive” in accordance with these General Terms and Conditions of Business and Use. The “Dealer” means an Authorized Dealer of BMW India Private Limited being authorized for selling vehicles to the customers.

The current version of these Terms and Condition can be viewed, saved and printed at any time on www.bmw.in. Any amendments to these Terms and Conditions of Business and Use shall be published at least 15 days before their intended date of entry into force at available website.

The customer understands and accepts that vehicle having “BMW Connected Drive” feature shall be provided in pre-activation mode and no approval required for activation of Services in the vehicle. The Services will be provided based on these Terms and Conditions.

For Services to be made available to the customer, the conclusion of a BMW ConnectedDrive contract / Terms & Conditions between the customer and BMW is required. The customer has access to the BMW ConnectedDrive Services as set out in these terms and conditions, based on this BMW ConnectedDrive contract / Terms & Conditions.  These Terms and Conditions constitutes the framework agreement between BMW and the Customer for availing the Services.  

The respective Service is part of the standard equipment of the new BMW vehicle, the BMW ConnectedDrive contract between the customer and BMW comes into effect at the same time as the purchase contract for the new BMW vehicle between the customer and the Dealer.

The Customer if decides not to use BMW Connected Drive Services and, at the request of the Customer BMW Connected Drive Services will be deactivated. The customer can opt for deactivation of BMW Connected Drive Services by placing a request to the Dealer or reaching out to BMW customer care or selecting the “Opt-Out” option on initial communication sent by BMW. Consequently, the SIM installed in the vehicle will be deactivated / terminated within two weeks, this is recognized as a withdrawal from the BMW ConnectedDrive Services contract concluded in accordance with these terms and conditions    

Further information about these functions is included in the vehicles operating manual, Service Descriptions available in My BMW App.

2.1. The scope of the individual Services, their terms and availability are described in detail are available in My BMW app (hereinafter "Service Descriptions"). The BMW Connected Drive services will be available to the Customer in India only.

2.2. Depending on the vehicle generation, it may be necessary to log in to the vehicle with the BMW ID for the full range of functions of certain Services; details on this have been specified in the respective Service Descriptions.

2.3. The term of the BMW ConnectedDrive Services shall be with limited duration only. The term of the Service is a maximum of three years from the date of sale of vehicle.  However, certain services will continue to be available for unlimited period.

2.4. The Services are provided via an online data connection enabled by a SIM installed in the vehicle and are dependent on the functionality and operation of the mobile network for the installed SIM. The Services are therefore partly spatially limited to the reception and transmission of the radio stations for the respective network. The Services can therefore also be affected in particular by atmospheric conditions, topographical features, the position of the vehicle and obstacles such as bridges and buildings.

2.5. Disruptions to the Services may result from force majeure including strikes, lockouts, and official or statutory orders or court orders, as well as from technical and other measures that are necessary, for example, at the facilities of BMW, the suppliers of traffic data or the network operators for the proper operation or improvement of the Services (e.g., maintenance, repair, system-related software updates, extensions). Service disruptions may also result from government restriction, network outages, network short-term capacity bottlenecks due to peak loads on the Services or from disruptions within the area of third-party telecommunications systems. BMW shall make all reasonable efforts to immediately remedy such faults and any faults caused by malfunctions of the operating software of the relevant Service stored in the customer's vehicle (so-called bugs) or to work towards their elimination. In order to rectify faults in a Service, BMW is entitled to make adjustments from back end (e.g. configuration adjustments to the software) by remote access to the vehicle software (hereinafter referred to as "remote action"), provided that all of the following conditions are met:

a) The fault to be rectified has no effect on the operational safety of the customer's vehicle;

b) It is to be expected that the remote measure will permanently remedy the malfunction for the customer's vehicle;

c) The changes made by the remote action are limited to the correction of the fault (although after the correction of faults there may be automatic updates that would have been carried out previously as control processes in a fault-free state); and

d) It is expected that the remote action will not cause undue impairments to the customer. Undue impairments are deemed to exist in particular, if the remote measure will lead to longer-term failures (more than 10 minutes per attempt at a remote measure) or disruptions of other Services, to even short-term failures of other vehicle functions or to the loss of personal settings or data of the customer.

2.6. Subject to the conditions set out in section 2.5 a) - d), BMW is also entitled to carry out remote measures to comply with statutory provisions, to eliminate malfunctions of other operating software stored in the vehicle and to remedy security loopholes.
If a remote measure is not possible for technical reasons, in particular due to poor or interrupted mobile radio reception or due to temporary vehicle conditions in which the implementation of remote measures is technically impossible (e.g. vehicle conditions that are not suitable for carrying out the respective remote measure, such as, depending on the specific remote measure, parking/living/driving; interruption of the measure by the customer locking/unlocking the vehicle during the remote measure; interruption of the remote measure by starting an e-Call), BMW is entitled to repeat the remote measure.

2.7. BMW reserves the right to modify the scope of a Service, provided that such modification is reasonable for the customer regarding the overall scope of the agreed Service.

2.8. BMW may indicate to the customer via the vehicles Central Information Display that Remote Software Upgrades are available which require that the customer confirms the installation of the upgrade via the Central Information Display. Certain Services may not be functional or limited in their functionality until the customer installs the indicated Remote Software Upgrade. Information about the respective upgrades is provided to the customer as part of the notification indicating that the update is available

4.1. The customer may have the SIM installed in the car deactivated at any time through support of an authorized BMW dealer or contacting BMW Customer Care or any other mode prescribed When the SIM is deactivated, all available ConnectedDrive Services are deactivated with immediate effect. Deactivation means that the emergency call in the vehicle is also without function.

4.2. BMW may refuse, suspend, cancel or terminate all or some services or the BMW Connected Drive Services as a whole in the event of directions or instructions or sanctions issued by competent or statutory authorities.

5.1. The customer may not transfer his existing BMW ConnectedDrive contract with BMW to a third party. This also applies in the event that the customer sells or permanently transfers his vehicle to a third party.

5.2. If the vehicle is sold or permanently transferred to a third party, the customer must ensure that all personal data stored in the vehicle is deleted. The customer must also end the link between the vehicle and his user account via the MyBMW App.

5.3. BMW Vehicle is fitted with a SIM. The Customer at the time of re-sale/ loss/ transfer of BMW Vehicle, change of ownership should inform updated details with BMW or Dealers. The records will be updated with requisite KYC documents. In the event of any non-compliances, customer shall continue to be responsible and liable for any misuse of said SIM.

5.4. The customer is obliged to inform the third party to whom he sells his vehicle or to whom he permanently transfers his vehicle of all active and deactivated Services.

7.1. If a Service is defective, the customer has the statutory warranty rights applicable to digital products (or, as applicable, goods with digital elements), unless stipulated otherwise. 

7.2. BMW accepts no liability for the accuracy and topicality of the data and information transmitted via the Services.

7.3. BMW shall not be liable for the consequences of malfunctions, interruptions, and functional impairments of the Services, particularly in the cases described in 2.4 and 2.5. BMW accepts no liability for non-availability, suspension or termination of services in accordance with these terms and conditions or any misuse by customer.

7.4. The personal liability of BMW's legal representatives, vicarious agents and employees for damage caused by them through slight negligence is also limited to the extent described in the preceding section.

7.5. BMW's liability in the event of fraudulent concealment of a defect, from the assumption of a guarantee or a procurement risk and under the Product Liability Act remains unaffected. Limitations of liability do not apply in the event of intent, gross negligence or injury to life, body, or health.

8.1. BMW or Dealers collects, stores, and uses the personal data and/or KYC documents provided by the customer within the framework of the statutory provisions, content or amendment of the contractual relationship and the use and invoicing of the Services. Details on the processing of personal or vehicle-related data within the scope of the individual Services can be viewed in the Service Descriptions.

8.2. The customer must inform BMW immediately of any changes to personal data relating to these terms and conditions.  

8.3. To the extent necessary for the purpose of detecting and preventing improper use of Services, inventory and traffic data may be processed and, where appropriate, stored beyond the end of the use process.

8.4. Data from the use of the Services are evaluated solely in a completely anonymous form, also for the purpose of quality control.               

8.5. The customer may review the Personal Information Data provided to BMW /Dealer for the purpose of ensuring that the said information or is accurate. This will be subject to compliance of applicable law for the time being in force. BMW /Dealer shall not be responsible for the authenticity of the information supplied to the BMW or Dealer.