General terms and conditions for ŠKODA Connect

I. Scope

1. ŠKODA AUTO a.s., tř. Václava Klementa 869, Mladá Boleslav II, 29301 Mladá Boleslav, Czech Republic (Reg. No.: 00177041), recorded in the commercial register at the Municipal Court in Prague under No. B 332 (hereinafter referred to only as “ŠKODA AUTO”) provides Mobile Online Services (“ŠKODA Connect”) for certain ŠKODA brand Vehicles (“Vehicle”).

2. These general terms and conditions of use for ŠKODA Connect (“GTCs”) govern the rights and obligations of ŠKODA AUTO and of the Vehicle’s owner or authorised user (“Customer”) when ordering (entering into a contract for the use of ŠKODA Connect), setting up and using ŠKODA Connect as well as mobile ŠKODA Connect application (“ŠKODA Connect App”). The ŠKODA Connect App is made available to the Customer to be downloaded free of charge by means of an app store (""Platform"") of the relevant operator (""Platform operator""). The contracting partner on the basis of these GTCs for the use of the ŠKODA Connect App and its contents shall be ŠKODA AUTO a. s., not the Platform operator. The Vehicle itself and its equipment are governed exclusively by the terms and conditions in the Vehicle Order (purchase, leasing or rental contract).

3. In order to use ŠKODA Connect, the Customer has to:

› create a user account at the ŠKODA Connect Portal or ŠKODA Connect app of ŠKODA AUTO (www.skoda-connect.com; “ŠKODA Connect Portal”; Section III),

› enter into a contract on the use of ŠKODA Connect or ŠKODA Connect app with ŠKODA AUTO for every Vehicle owned or used by him/her at the ŠKODA Connect Portal (“Order”; Section IV),

› Perform a one-off connection process to link the Vehicle to the user account after completing the Order (“Activation”; Section V).

If the Vehicle (depending on the model, model year and equipment) has the ""Emergency Call” service, the Customer can use this function without a user account, Vehicle Order and an authorisation.

Some ŠKODA Connect services may require identity verification and/or a personal identification number (S-PIN) to be entered before every access. The Customer will find further information on the ŠKODA Connect Portal and in the owner’s manual of the vehicle. The S-PIN must be treated by the Customer as strictly confidential. If the S-PIN is disclosed to a third party, the Customer undertakes to change the S-PIN immediately.

4. The following applies for the first ŠKODA Connect service Order for a new Vehicle: The ŠKODA Connect service Order for the Vehicle (see Section VII) must be completed within ninety (90) days of the Customer receiving delivery of the Vehicle (“Initial Order Period”). Otherwise, the term of the services (see Section XI.1) shall be reduced by the number of days between the end of the Initial Order Period and the Order actually being placed.

5. ŠKODA AUTO reserves the right to amend these GTCs in a way deemed reasonable for the Customer. Any amendments to these GTCs related to the rights and responsibilities of the contractual parties shall only be effective for the Customer if the Customer has received an email notifying him/her of these amendments at least four (4) weeks before they are due to take effect. The amendments shall become part of these GTCs provided that the Customer has not submitted a written objection within three (3) weeks of receiving the notification and provided that the Customer’s notification from ŠKODA AUTO contains explicit information regarding the consequences of the amendment. Should the Customer object to the amendments in good time, the amendments shall not be effective for the Customer. In this case, ŠKODA AUTO shall be entitled to terminate the contract regarding the use of ŠKODA Connect with notice of one (1) month.

6. ŠKODA AUTO also reserves the right to pilot for a limited period of time and/or for a specific market(s) and/or for a specific group of customers new services, functions, interfaces or products (“beta testing”) related to ŠKODA Connect without any notice.

II. ŠKODA Connect

1. The ŠKODA Connect services are described in the Car Configurator, in printed communication materials and on the ŠKODA Connect Portal. Which ŠKODA Connect services can the Customer use depends on the availability of the individual services in the respective country, as well as on the Vehicle model, model year and equipment of the Vehicle. The details are available to the Customer at the ŠKODA AUTO and/or the websites of the relevant ŠKODA importer and in the relevant owner’s manual.

2. ŠKODA Connect may be used through:

› the factory-fitted navigation system in the Vehicle,

› the emergency call control unit also intended for selected ŠKODA Connect services,

› the ŠKODA Connect Portal, and

› ŠKODA Connect App (depending on availability)

› Smart watches (Apple Watch, Android Wear, Samsung Gear)

3. Further development of automotive equipment and information technology and services based on the Internet may require the modification and further development of ŠKODA Connect according to the new technical options and change in the behaviour of the Customer. Within this framework, ŠKODA AUTO reserves the right to modify ŠKODA Connect in a manner acceptable to the Customer.

4. ŠKODA AUTO reserves the right to extend, reduce or modify the scope of ŠKODA Connect App functions by means of updates made available to the Customer via the Platform.

5. ŠKODA AUTO shall take all possible measures to achieve permanent availability of ŠKODA Connect, and in case of failures, ŠKODA AUTO undertakes to take all necessary remedial actions without undue delay. Due to force majeure (e.g. war conflicts, natural disasters, bad weather or labour disputes) or due to the necessary maintenance, repairs or other measures on the technical devices of ŠKODA AUTO or the technical devices of third parties providing data, content, information or transmission capacity it will nevertheless lead to unavoidable temporary failures, interruptions or reduction in the performance (speed) of ŠKODA Connect services. Furthermore, an intensive simultaneous use of ŠKODA Connect services may lead to an impairment of the performance (speed).

6. In the event of technical failures or problems, the Customer may contact Customer care. The Customer will find the contact details on the ŠKODA Connect Portal.

III. ŠKODA Connect user account

1. In order to use ŠKODA Connect services, the Customer is required to create the ŠKODA user account and he/she is asked to log into ŠKODA Connect with the user name and password. For this the Customer must enter his/her email address and selected password (login data).

2. Opening and administration of the Customer account on the ŠKODA Connect Portal and ŠKODA Connect App is subject to the following conditions:

3. The Customer must choose his access password for the Customer account in such a manner that third parties cannot easily discern it. It is not suitable to particularly use the name and surname or date of birth and the names of family members as passwords. The same applies to simple numerical combinations (e.g. 12345).

The password must consist of at least seven (7) characters and meet two (2) of the following criteria: Upper case letter, Special character, Lower case letter, Number.

4. The Customer has to keep his password strictly confidential. If the password is disclosed to a third party, the Customer must change it without undue delay or, if they can no longer access their Customer account, contact Customer care.

5. The Customer must ensure that the data in the Customer account are true and complete. Due to the fact that communication between ŠKODA AUTO and the Customer, among other things, also takes place by email, the Customer must have a valid email address and access to the given email account. In the event of change of the email address or other data, it is necessary to update them without undue delay in the Customer’s account via the ŠKODA Connect Portal ( www.skoda-connect.com).

6. The Customer may view data in the Customer account on the ŠKODA Connect Portal (www.skoda-connect.com) or via ŠKODA Connect app after login to the Customer account and can also update the data.

7. The Customer can use the ŠKODA user account already created for another ŠKODA application. ŠKODA user account enables the Customer to log into other ŠKODA AUTO applications. For this purpose, the Customer must enter his/her email address and his/her selected password (login data).

8. ŠKODA AUTO provides the Customer with the ŠKODA user account free of charge.

IV. Order of ŠKODA Connect

1. After signing into the ŠKODA Connect Portal or ŠKODA Connect app, the Customer is able to order the ŠKODA Connect services and enters into a contract with ŠKODA AUTO regarding the use of ŠKODA Connect services for a single vehicle. The Customer´s clicking on the order button shall act as an offer to ŠKODA AUTO to conclude the contract regarding the use of the ŠKODA Connect services.

2. ŠKODA AUTO then sends the Customer an email to the email address entered for the ŠKODA user account; this email confirms the receipt of the Order by ŠKODA AUTO and lists individual details concerning the Order (“Order Confirmation”). The Order Confirmation represents ŠKODA AUTO’s acceptance of the Customer’s offer; the contract concerning the use of the ŠKODA Connect services shall take effect when the Order Confirmation arrives in the Customer’s email account.

3. If the Customer is the consumer, he/she can cancel the Order within 14 days without giving reasons. The cooling-off period runs for 14 days from the date on which he/she entered the contract regarding the use of the ŠKODA Connect services. Instructions on how to withdraw from the contract and a sample withdrawal form are sent to the Customer with the Order Confirmation (please see in Annex 1).

V. Activation

1. Once the Customer has completed the first Order to use ŠKODA Connect in a particular Vehicle, the Customer must then activate ŠKODA Connect. As a result of the Activation process, the Vehicle will be connected to the Customer’s user account.

2. The Activation of the given Vehicle and the necessary steps shall be available to the Customer at the ŠKODA Connect Portal or ŠKODA Connect app. If the Vehicle is equipped with a factory-fitted navigation system or a service-compatible radio, the Customer completes the Activation process as follows:

› The Customer remembers or makes a note of the 8-digit registration PIN (“Registration PIN”) displayed on the screen and at the same time sent to the email address entered for the ŠKODA user account.

› The Customer enters the Registration PIN into the Vehicle’s navigation system/radio within thirty (30) days of entering into a contract for the use of ŠKODA Connect.

› The Customer waits until the navigation system/radio display shows the message that Activation has been successfully completed.

3. Some services may require additional Customer’s identity verification via ŠKODA AUTO service partner.

VI. Data connection

1. ŠKODA Connect (consists of Care Connect and Infotainment Online) requires

· a mobile data connection between the Vehicle and the ŠKODA AUTO (“Data Server”), and

· When using the ŠKODA Connect services via the ŠKODA Connect Portal or ŠKODA Connect App, also a data connection between the Customer’s device (smartphone, tablet, PC etc.) and the Data Server. This data connection is not included in the scope of services provided by ŠKODA AUTO. The terms and conditions agreed with the telecommunications service provider shall apply exclusively in this case. This may mean that additional costs are incurred. This applies particularly to connection and roaming fees. Any such costs lie outside of ŠKODA AUTO’s area of influence and responsibility.

VII. Data connection between the Vehicle and the data server for Care Connect

1. Establishment of the data connection between the Vehicle and the Data Server for the Care Connect services is included in the scope of the services performed by ŠKODA AUTO. The data connection is established using a factory-fitted SIM card in the Vehicle. The Customer does not require any special contract with a mobile operator; he/she does not pay any charges for connection and roaming.

2. The Care Connect package is dimensioned in such a manner that the data connection between the Vehicle and data server shall function independently of the country to which the Vehicle has been exported for the first registration. The ŠKODA Connect Services are described in the Vehicle configurator, in printed communication materials and on the ŠKODA Connect Portal. The availability of the services in the individual countries also depends on the model, model year and Vehicle equipment.

3. The establishment and performance (speed) of the mobile data connection between the Vehicle and the ŠKODA AUTO data server depend on a range of factors that lie outside the sphere of influence and responsibility of ŠKODA AUTO. This includes in particular:

› Sufficient mobile reception at the Vehicle’s location;

› Disruptions, adverse effects or interruptions to the mobile reception caused by tunnels, garages, underpasses or other interfering influences (weather conditions such as storms, jamming equipment, buildings, bridges or hills, high usage levels in the mobile network for the cell in question, etc.).

VIII. Data connection between the Vehicle and the data server for Infotainment Online services

1. In order to establish a data connection between the Vehicle and the data server for ŠKODA Connect – Infotainment Online, the Customer has to connect a SIM card with an activated data plan and a valid mobile network contract to the factory-fitted navigation system in the Vehicle. Notes on how to connect a SIM card to the navigation system can be found in the owner’s manual for the Vehicle or the navigation system.

2. Data connection according to this Section shall be governed solely by the terms and conditions agreed between the Customer and telecommunications service provider. This may mean that additional costs are incurred. This applies particularly to connection and roaming fees. Any such costs lie outside of the sphere of influence and responsibility of ŠKODA AUTO.

IX. Usage fees / prices, right to withdraw

1. The initial Order for ŠKODA Connect for a new Vehicle is free-of-charge for the Customer and is subject to the conditions stipulated in the Vehicle Order. For all subsequent Orders, a flat-rate usage fee shall be paid at the start of the agreed term for the entire duration of the service term; the prices listed as part of ordering process shall apply. Payment can be made using the payment methods listed under the Order process.

2. If the payment has not been made within the payment period specified in the Order Confirmation, ŠKODA AUTO shall send the Customer an email containing a payment reminder. If ŠKODA AUTO fails to detect receipt of payment by the subsequent deadline set in the payment reminder, it reserves the right to withdraw by email from the Order/from the ŠKODA Connect contract.

X. Term

1. The contract regarding the use of ŠKODA Connect shall be valid for the term agreed in the Order (“Service Period”).

2. The following applies to new Vehicles: If the Customer fails to place the Order within ninety (90) days of taking delivery of the Vehicle (“Initial Order Period”), the Service Period shall be reduced by the number of days between the end of the Initial Order Period and the Order actually being placed.

3. The Service Period is linked to the Vehicle and is displayed in the Customer’s user account.

4. At the end of the Service Period, the contract regarding the use of the ŠKODA Connect shall end automatically without ŠKODA AUTO or the Customer having to terminate the contract.

5. ŠKODA AUTO shall send the Customer an email to remind him/her about extending the contract in good time prior to the end of the Service Period. For this purpose, the Customer may place a new Order for ŠKODA Connect on the ŠKODA Connect Portal for the subsequent period.

XI. Termination, transfer of contract

1. The right to terminate the contract regarding the use of ŠKODA Connect with notice is excluded during the Service Period. The right to extraordinary termination of the contract for a serious reason corresponding to substantial breach of contractual duties by any of the Parties is not affected by this.

2. ŠKODA AUTO reserves the right to transfer the contract regarding the use of ŠKODA Connect (without changing the contractual provisions in any other respect) to another company within the ŠKODA Group; the Customer already provides ŠKODA AUTO with his/her consent for this purpose. ŠKODA AUTO shall notify the Customer in writing and in good time.

XII. Usage rights, use of data

1. The Customer receives the non-exclusive right to use ŠKODA Connect during the Service Period and the related content and information for an unlimited period of time. The Customer is not permitted to disclose and/or distribute the content and information acquired through ŠKODA Connect to third parties for commercial reasons.

2. The Customer receives the free, non-exclusive, non-transferable and non-sub-licensable usage right for the ŠKODA Connect App in accordance with these GTCs.

3. ŠKODA AUTO shall protect the Customer’s personal data and use them, pursuant to prior and express consent given by the Customer, exclusively to fulfil this ŠKODA Connect contract, in compliance with the applicable generally binding legal regulations; details for the Customer are given in Information on Personal Data Processing . The Customer grants to ŠKODA AUTO the non-exclusive, time-limited, unrestricted, transferable and sub-licensable right to use other data, in particular technical data, which either have no personal reference or whose personal details have been removed (anonymised data). In this context, no personal data will be disclosed and any trace of the anonymised data to the Customer is excluded.

XIII. The Customer’s responsibilities

1. The Customer undertakes to ensure that the use of ŠKODA Connect does not violate the provisions of these GTCs, legal requirements, third party rights or moral standards. This shall also apply if he/she grants third parties access to ŠKODA Connect or the Vehicle.

2. If a third party (e.g. a family member or one of the Customer’s employees) uses the Vehicle, the Customer must take suitable measures (for example, obtaining the third party’s consent) to ensure that the Customer’s access to ŠKODA Connect does not infringe any third party rights. It is important to note that the Customer shall receive access to information about the Vehicle and therefore (indirectly) about the third party (user conduct, last parking position, etc.).

3. When using the ŠKODA Connect App, copyright, name and trademark rights as well as other rights of ŠKODA AUTO and other third parties (in particular personal rights) must be observed. The Customer is prohibited from using the ŠKODA Connect App in breach of these terms. The Customer must refrain from any misuse of the ŠKODA Connect App; in particular, he may not integrate the ŠKODA Connect App or parts thereof in other websites, whether private or commercial, or distribute them commercially.

4. If the Customer is also the driver, the services offered on the ŠKODA Connect App may only be used while driving, provided this will not distract the Customer from what is happening on the road and the legal requirements for road traffic are observed.

5. Using “Vehicle Health Report”, the Customer is able to see selected current warnings or error reports from the Vehicle, which are however only for orientation. The Customer is further obliged to act exclusively according to the warnings and error reports in the Vehicle.

6. In the event of a culpable violation of the obligations in this article, the Customer shall be liable for the reimbursement of all damage suffered by ŠKODA AUTO, and undertakes to release ŠKODA AUTO from any claims of third parties arising from such violations.

XIV. ŠKODA AUTO’s responsibilities, liability

1. ŠKODA AUTO is not responsible for ensuring that the data, content and information provided by third parties for ŠKODA Connect are up-to-date, correct, complete and/or of good quality. ŠKODA AUTO shall not check or modify the content of any such data, content and information.

2. ŠKODA AUTO is not responsible for damages incurred as a result of incorrect use of ŠKODA Connect or the ŠKODA Connect App. This applies particularly if the Vehicle’s driver is distracted from the traffic situation while driving as a result of using the ŠKODA Connect or the ŠKODA Connect App and this leads to an accident.

3. ŠKODA AUTO is not responsible for any damages that are incurred because the display of warnings and error messages in the “Vehicle Health Report” differ from the actual display in the vehicle (Section XIII.5).

4. ŠKODA AUTO is not responsible for any damages that are incurred if the Customer has selected an unsuitable password / S-PIN (see Section III.3) or has not kept the password / S-PIN safe or any damages caused by a third party to whom the Customer has granted access to ŠKODA Connect (see Section XIII.2).

5. Furthermore, ŠKODA AUTO shall be liable in accordance with the following provisions:

a) If legal requirements call for ŠKODA AUTO to pay for damages caused as a result of slight negligence, ŠKODA AUTO shall only be liable to a limited extent: it shall only be liable if it has breached one of its essential contractual obligations. This liability shall also be limited to damages which are foreseeable and typical at the time that the contract is concluded.

b) Independent of culpability on the part of ŠKODA AUTO, possible liability due to fraudulent concealment of a fault, due to the assumption of a warranty or in accordance with product liability law remains unaffected.

c) Personal liability of the legal representatives, vicarious agents and employees of ŠKODA AUTO for damage caused by them through ordinary negligence is excluded. For damage and losses caused by said persons through gross negligence, with the exception of the legal representatives and managers, the limitations of liability in Item XIII.5.a governing such situations for ŠKODA AUTO apply.

The limitations of liability in this Item XIII.5 do not apply in the case of death, physical injury or damage to health.

XV. Permanent transfer of the Vehicle

1. The contract regarding the use of ŠKODA Connect is always linked to one specific Vehicle and cannot be transferred from one Vehicle to another. When selling the Vehicle or transferring it to a third party (“Buyer”) on a permanent basis, the Customer is therefore required to

› delete his/her personal data from the Vehicle;

› remove his/her hardware (SIM card) from the Vehicle unless the Customer wants to give it to the Buyer with the Vehicle;

› Delete the Vehicle from his/her ŠKODA user account.

2. The Buyer can use ŠKODA Connect once they have opened a ŠKODA user account (Section III) and placed an Order of ŠKODA Connect (Item IV), and activated the services (Section V). At the same time, the Buyer gets a license for the services related to the given Vehicle.

3. The effectiveness of the transfer of the contract regarding the use of ŠKODA Connect to the Buyer is subject to approval by ŠKODA AUTO, which may only be refused for a good reason related to the person of the future Buyer; Order confirmation as per Section VII.2 is considered as ŠKODA AUTO’s consent to the transfer of the contract.

XVI. Place of jurisdiction, applicable law

1. The sole place of jurisdiction for all claims resulting from and relating to the contract regarding the use of ŠKODA Connect and in relation to it is the general court with jurisdiction in the area in which ŠKODA AUTO has its seat, provided the Customer is a legal entity.

2. If the Customer is a consumer, ŠKODA AUTO is only able to take legal action against the Customer at the court responsible for his/her domicile or normal place of residence; the Customer is able to take legal action against ŠKODA AUTO at the court responsible for their domicile or normal place of residence and at any legally approved place of jurisdiction.

3. For all disputes resulting from or in relation to the contract regarding the use of ŠKODA Connect, the law of the Czech Republic shall apply exclusively; application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded. Notwithstanding this regulation, if the Customer is a consumer, the law of the country in which the consumer’s domicile or normal place of residence was located when the contract was concluded shall apply.

XVII. Severance clause

If the individual provisions of this contract are or become invalid, the validity of the remaining provisions shall not be affected. The invalid provisions shall be replaced by provisions as close as possible to the commercial purpose of the original provisions that reasonably preserve the interests of both parties.

XVIII. Alternative and Online Dispute Resolution (ADR/ODR)

In accordance with the provisions of Regulation (EU) No 524/2014 of the European Parliament and of the Council of 21 May 2013 (“the Regulation”), is the Customer entitled to use the out-of-court resolution of disputes concerning contractual obligations arising from online sales or service contracts concluded between the Customer resident in the Union and ŠKODA AUTO established in the Union through the intervention of an ADR entity listed in accordance with Article 20 (2) of Directive 2013/11/EU and using the platform for Online Dispute Resolution. This platform is available under http://ec.europa.eu/odr.

XIX. Personal Data Processing, Cookies and Google Analytics

1. Information on Personal Data Processing and Cookies, both as amended, are accessible via ŠKODA Connect Portal.

2. ŠKODA AUTO is using Google Analytics provided by Google, Inc. (""Google""), which uses cookies or other tools integrated into code to analyse how users use ŠKODA Connect Portal and ŠKODA Connect app. Google Analytics covers Account status and performance monitor, audience summary, active users, user explorer, analytics audience, visitor quality, conversion probability, comparison reports, demographics and interests, user flow report, Adwords reports… More information on processing and utilization and data can be found in Privacy & Terms section on Google Analytics website.

3. Information generated by a cookie about the use of the Website (including your IP address) may be transmitted and stored on servers in the United States. Google will use this information for purposes of evaluation of the use of the Website and creation of reports about such use for its operator and provision of other services related to the activities on the website or app and the use of the Internet in general. Google may also provide this information to third parties, if it is required by the law or if such third parties process this information for Google. For ŠKODA Connect Portal you may disable the use cookies on the website as described above or by changing appropriate settings in your browser, but if you do so for all types of cookies, you will not be able to make full use of all the features of the website. For ŠKODA Connect app if you do not agree with processing of data by Google Analytics, please do not use the application.


Annex 1

Cancellation policy

Right of cancellation

You have the right to cancel this contract within fourteen (14) days without having to specify a reason. The withdrawal period is fourteen (14) days from the day the contract is concluded. To exercise the right of cancellation of the contract, please contact the Customer care department (for the contact details please see the ŠKODA Connect Portal) by one-off declaration (e.g. letter sent by post or email) of your decision to cancel this contract. For this purpose, the usage of the appropriate attached form template is recommended.

In order to exercise your right of cancellation within the cancellation period, you must send your notification prior to expiry of the cancellation period.

The Customer is not allowed to cancel this contract due to unavailability, inaccuracy or lack of support for services, functions, interfaces or products in beta testing.

Consequences of cancellation

If you cancel this contract, ŠKODA AUTO must immediately reimburse all payments ŠKODA AUTO have received from you, including delivery costs (with the exception of additional costs incurred if the Customer selects a different type of delivery from the standard economy option ŠKODA AUTO offers), at the latest within fourteen (14) days of ŠKODA AUTO receiving your notification of cancellation of the contract. ŠKODA AUTO will use the same payment method for this repayment as you used for the original transaction, unless another option is explicitly agreed with you. Under no circumstances will you incur any charges relating to this repayment.

Cancellation form template

If you want to cancel the contract, please complete this form and send it to the Customer care department whose contact details are shown on the ŠKODA Connect Portal.

I/we(*) as a natural person (consumer) hereby cancel the contract for purchase of ŠKODA Connect Services (with the exception of emergency call services)

For the Vehicle with VIN (Vehicle Identification Number) (**):

_______________________________________

Customer’s name:

_______________________________________

Customer’s number (***):

_______________________________________

Customer’s e-mail address stated in the ŠKODA user profile (***):

_______________________________________

Customer’s address:

________________________________________

Customer’s signature (only if a hard copy is sent):

________________________________________

Date:

____________________

(*) Delete as applicable.
(**) You can find the VIN on the bottom edge of the windscreen and in the Vehicle registration documents.

(***) Available on ŠKODA Connect Portal, User profile.

(Version July 2018)