ASTON MARTIN CONNECTED CAR SYSTEM - TERMS & CONDITIONS
Terms and Conditions for Use of the Aston Martin Connected Car Services, the Aston Martin App and the Communication Services
IMPORTANT: PLEASE READ THESE TERMS CAREFULLY AND MAKE SURE YOU UNDERSTAND THEM BEFORE ACTIVATING AND USING THE ASTON MARTIN CONNECTED CAR SERVICES, THE ASTON MARTIN APP AND THE COMMUNICATION SERVICES. IN PARTICULAR YOUR ATTENTION IS DRAWN TO THE CONDITIONS OF USE IN CLAUSES 6, 7 AND 8 AND OUR LIMITATIONS OF LIABILITY IN CLAUSES 10 AND 11. FINALLY, PLEASE KEEP A COPY OF THESE TERMS AND CONDITIONS FOR YOUR OWN REFERENCE.
1. Scope
1.1 These Terms and Conditions of Use govern your use of the Aston Martin Connected Car Services, the Aston Martin App and the Communication Services.
1.2 Aston Martin is the provider of the Aston Martin Connected Car Services and the Aston Martin App. In addition, Aston Martin is also authorised by the Communication Services Provider to provide the Communication Services to you.
1.3 In order to receive the benefit of the Aston Martin Connected Car Services, the Aston Martin App and the Communication Services, you need to confirm your agreement to these Terms and Conditions of Use.
1.4 The Aston Martin Connected Car Services, the Aston Martin App and the Communication Services are provided by Aston Martin on a complimentary basis to the Aston Martin Connected Car Owner and any Authorised User who has registered to use the Aston Martin Connected Car Services via the Aston Martin App for a period of (3) years starting on the warranty start date of the applicable Aston Martin Connected Vehicle.
1.5 The scope of the Aston Martin Connected Car Services, the Aston Martin App and/or the Communication Services which may be made available for use by you may vary by the model of Aston Martin Connected Car and the country/jurisdiction in which the Aston Martin Connected Car is being used.
1.6 Some of the Aston Martin Connected Car Services may be activated by you via the Aston Martin App whilst other Aston Martin Connected Car Services may be activated by access controls which are built into your Aston Martin Connected Car.
1.7 You are under no obligation to accept these Terms and Conditions of Use if you do not wish to use the Aston Martin Connected Car Services, the Aston Martin App or the Communication Services when using your Aston Martin Connected Car. If so, your Aston Martin Connected Car will otherwise function and perform as normal but without the benefit of the Aston Martin Connected Car Services, the Aston Martin App and/or the Communication Services. The Aston Martin Connected Car Privacy Policy will clarify how your personal data may be used.
1.8 You acknowledge that those aspects of the Aston Martin Connected Car Services which are mandated by law, such as ECall in the United Kingdom and the European Union, cannot be de-activated.
1.9 The current version of these Terms and Conditions of Use can also be viewed and printed out at any time at www.astonmartin.com/en-gb/legal/am-connected-car-system-terms-and-conditions or from the Aston Martin App. The Terms and Conditions as amended will be effective as of the date so amended and shall take precedence over these Terms and Conditions.
1.10 These Terms and Conditions of Use do not affect any consumer rights you may have as a matter of any applicable mandatory law (including any cancellation rights).
1.11 If you have any questions about these Terms and Conditions of Use, please contact Aston Martin via the Aston Martin App.
2. Definitions and Interpretation
2.1 In these Terms and Conditions of Use, the following terms shall have the following meanings:
2.1.1 Aston Martin or We means Aston Martin Lagonda Limited, a company registered in England and Wales under company number 01199255 whose registered office is at Banbury Road, Gaydon, Warwickshire, United Kingdom, CV35 0DB.
2.1.2 Aston Martin App means the app which Authorised Users of your Aston Martin Connected Car will be required to use in order to access the Aston Martin Connected Car Services.
2.1.3 Aston Martin Connected Car means an Aston Martin car which is enabled by Aston Martin to use any of the Aston Martin Connected Car Services.
2.1.4 Aston Martin Connected Car Owner means the owner and/or registered keeper of an Aston Martin Connected Car.
2.1.5 Aston Martin Connected Car Services means any connected car services (including the use of the Aston Martin App) which Aston Martin may make available for use in your Aston Martin Connected Car as further described in the Owner’s Manual.
2.1.6 Aston Martin Connected Car Service Start Date means the vehicle warranty start date.
2.1.7 Aston Martin Connected Car Privacy Policy means Aston Martin’s privacy policy in relation to the Aston Martin Connected Car Services which many be accessed via the following link: www.astonmartin.com/en-gb/legal/aston-martin-connected-car-system-privacy-policy.
2.1.8 Aston Martin Connected Car SIM Card means the sim card which will be provided by the Communication Services Provider to Aston Martin to fit into the transmission control unit of your Aston Martin Connected Car so that any Authorised User of any such Aston Martin Connected Car may use the Communication Services when using the Aston Martin Connected Car Services.
2.1.9 Authorised User means an Aston Martin Connected Car Owner and any other person who may have been authorised by the Aston Martin Connected Car Owner to access or use the Aston Martin Connected Car Services whilst using an Aston Martin Connected Car and/or the Aston Martin App.
2.1.10 Communication Services means the voice, text and/or data communication services which are provided to you so as to enable communications to be sent to and from your Aston Martin Connected Car which will, in turn, enable the Aston Martin Connected Car Services to function and perform in accordance with the description of the Aston Martin Connected Car Services which is included in the Owner’s Manual provided by Aston Martin.
2.1.11 Communication Services Provider means the entity on whose behalf Aston Martin is selling the Communication Services (such entity currently being Telroaming Advanced Communication Solution Limited).
2.1.12 Initial Period means the initial period of 3 years from the Aston Martin Connected Car Service Start Date.
2.1.13 Owner’s Manual means the manual which is provided to you by Aston Martin to describe the features of your Aston Martin Connected Car.
2.1.14 Terms and Conditions of Use means the terms and conditions which are set out in this document.
2.1.15 You means you, as the person who has accepted these Terms and Conditions of Use and all other contractual documents and policies when signing up to access and use the Aston Martin Connected Car Services and the Communication Services.
2.2 The headings in these Terms and Conditions of Use are for convenience only and shall not affect the interpretation or construction of these Terms and Conditions of Use.
2.3 Unless the context otherwise requires, words expressed in the singular shall include the plural and vice versa. Words referring to a particular gender include every gender.
2.4 The words “other”, “including” and “in particular” shall not limit the generality of any preceding words or be construed as being limited to the same class as any preceding words where a wider construction is possible.
2.5 References to any statute or statutory provision shall include:
2.5.1 any subordinate legislation made under it;
2.5.2 any provision which it has modified or re-enacted (whether with or without modification); and
2.5.3 any provision which subsequently supersedes it or re-enacts it (whether with or without modification) whether made before or after the date of these Terms and Conditions of Use.
3. Contract Formation
3.1 Your acceptance of these Terms and Conditions of Use forms a legal agreement between you and us regarding your use of the Aston Martin Connected Car Services, the Aston Martin App and the Communication Services. You acknowledge that Aston Martin is relying upon your agreement of these Terms and Conditions in provisioning its services to you.
3.2 Your rights to use the Aston Martin Connected Car Services, the Aston Martin App and the Communication Services will commence on the Aston Martin Connected Car Service Start Date and shall continue for the Initial Period.
3.3 These Terms and Conditions of Use govern the rights and obligations of both Aston Martin and you in relation to your use of the Aston Martin Connected Car Services, the Aston Martin App and the Communication Services during the Initial Period. If use of the Aston Martin Connected Car Services, the Aston Martin App and the Communication Services is to be offered by Aston Martin after the Initial Period, Aston Martin shall contact your nearer the time with regard to any available renewal options.
3.4 The Aston Martin Connected Car Privacy Policy governs what we may do with any personal data that we collect regarding any Authorised User whilst any such person is using the Aston Martin Connected Car Services. If you are not willing (i) to consent (where consent is identified in the Aston Martin Connected Car Privacy Policy as the lawful basis for processing your personal data), or (ii) if you at any time withdraw consent that has been relied upon as the lawful basis for processing your personal data, or (iii) if you at any time successfully exercise any applicable right to object to processing of your personal data where the lawful basis relied upon for that processing is other than consent, then and in any such case Aston Martin will not be able to provide or procure the provision of any affected elements of the Aston Martin Connected Car Services and/or the Communication Services.
3.5 You further acknowledge that:
3.5.1 your use of certain functionality in the Aston Martin Connected Car Services and/or the Communication Services is also subject to certain third-party providers’ terms and conditions and privacy policies which relate to particular elements of the Aston Martin Connected Car Services. You will be made aware of these terms and conditions and privacy policies when you first attempt to use any relevant features of the Aston Martin Connected Car Services and you will be required to affirm your agreement to such terms and conditions and that you have had the opportunity to review such privacy policies when you first sign in to use any such features of the Aston Martin Connected Car Services. You can also read these terms and conditions via the links referenced below:
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Functionality |
Third Party Terms and Conditions |
Third Party Privacy Policy |
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Navigation Services |
HERE End User Terms | Legal, security, privacy and compliance |
3.5.2 Aston Martin is authorised by the Communication Services Provider to facilitate the provision of the Communication Services to you to use in connection with the Aston Martin Connected Car Services.
3.6 The terms and conditions pursuant to which you may use your Aston Martin Connected Car itself and its equipment are governed exclusively by the terms and conditions set out in the purchase, leasing or rental contract entered into by you at the time that you purchased, leased or rented the Aston Martin Connected Car.
3.7 your use of the Aston Martin Connected Car Services is further conditional upon:
3.7.1 you completing the set-up of an Aston Martin user ID and password for the Aston Martin App or on any other relevant Aston Martin internet portal;
3.7.2 you accepting these Terms and Conditions of Use together with any other third-party terms and conditions referred to in clause 3.5.1 above; and
3.7.3 you connecting your Aston Martin Connected Car to the Aston Martin App using your mobile device.
4. Supply of Aston Martin Connected Car Services
4.1 Whilst some of the Aston Martin Connected Car Services will function without you downloading the Aston Martin App, you and any Authorised User must download the Aston Martin App to a compatible mobile device which has an adequate and existing data connection if you or any Authorised User wish to use any of the Aston Martin Connected Car Services which are available for use in relation to your Aston Martin Connected Car. Please refer to your Owner’s Manual for any minimum requirements for your mobile device.
4.2 The Aston Martin Connected Car Services are provided via the Aston Martin Connected Car SIM Card which will be installed in your Aston Martin Connected Car whilst it is being manufactured or before delivery. In so doing, the availability of the Aston Martin Connected Car Services is limited by the reception and transmission range of the transmission stations operated by the respective network operators who are contracted by the Communication Services Provider to deliver the Communication Services. Such conditions will also include atmospheric conditions, topographical features and other obstacles such as tall buildings. In certain countries/jurisdictions, you may be required to register the SIM Card in real name before the connection can be activated; and if you do not complete the real name registration, you will not be able to use the Aston Martin Connected Car Services.
4.3 The Aston Martin Connected Car Services are designed to enhance your Aston Martin Connected Car. However, your Aston Martin Connected Car will operate without the Aston Martin Connected Services being activated and/or used.
4.4 Aston Martin licenses you (with permission for you to allow any other person who you allow to use your Aston Martin Connected Car as an Authorised User) to use the Aston Martin Connected Car Services via your Aston Martin Connected Car and the Aston Martin Connected App.
4.5 You accept that the scope of the Aston Martin Connected Car Services and the Communication Services depend on the type of Aston Martin Connected Car you are using and the country/jurisdiction in which the Aston Martin Connected Car is used. For example, certain features are not available in certain countries/jurisdictions. These matters are explained in more detail in the Owner’s Manual of your Aston Martin Connected Car.
4.6 In certain countries/jurisdictions, certain connected services may be available to all users of an Aston Martin Connected Car without any need to register or to agree to any terms and conditions because the provision of such services is mandated by local law. An example of these services is the “SOS Emergency Call Service” (as described in the Owner’s Manual) which is available on all Aston Martin Connected Cars which are sold in the United Kingdom and the countries of the European Union. The details of any such services will be included in the user handbook which is supplied with each of our cars to new owners in each country/jurisdiction.
4.7 From time to time, Aston Martin may offer additional connected car services as extra cost options on both new and pre-owned Aston Martin Connected Cars. Any such services may be subject to the payment of additional charges and your acceptance of additional terms and conditions.
4.8 If you are the first registered keeper of your Aston Martin Connected Car, your rights to use the Aston Martin Connected Car Services shall continue from the date that you register to use the Aston Martin Connected Car Services via the Aston martin App until the expiry of the Initial Period or, if earlier, the date on which you sell or otherwise dispose of your Aston Martin Connected Car.
4.9 If you are the second or subsequent registered keeper of an Aston Martin Connected Car, you will be entitled to benefit from the free use of the Aston Martin Connected Car Services and the related Communication Services from the date that you become the registered keeper of that Aston Martin Connected Car for the balance of the Initial Period provided always that you have notified Aston Martin that you are the new registered keeper and that you have accepted these Terms and Conditions of Use.
4.10 Once your Aston Martin Connected Car approaches three (3) years old, you may be invited to subscribe for continued access to the Aston Martin Connected Car Services and the Communication Services at the prevailing annual rate or other price options. If you wish to do so, you must confirm your renewal before the third anniversary of the date of the Aston Martin Connected Car Service Start Date or, if your Aston Martin Connected Car is older, before the end of your current subscription. If you fail to renew before the expiry of your current subscription, Aston Martin (including when acting as the agent of the Communication Services Provider) reserves the right to charge you any prevailing reconnection fees in addition to the then applicable fees for the Aston Martin Connected Car Services and the Communication Services.
4.11 The Aston Martin Connected Car Services and the Aston Martin App will be provided to you with reasonable skill and care. In so doing, Aston Martin will use its reasonable endeavours to provide the Aston Martin Connected Car Services to you 24 hours a day, 7 days a week provided always that you acknowledge that:
4.11.1 the Communication Services are the sole responsibility of the Communication Services Provider;
4.11.2 Aston Martin is not able to guarantee that the Aston Martin Connected Car Services (including the Aston Martin App) will be error free or will be continuously available (including by reason of routine or emergency maintenance);
4.11.3 the availability and functionality of any of the Aston Martin Connected Car Services is dependent upon:
(a) suitable network coverage;
(b) you downloading maintenance releases as required by Aston Martin; and
(c) your Aston Martin Connected Car not being damaged and being well maintained.
4.11.4 You also acknowledge that reasonable periods of disruption and/or downtime for maintenance may affect the availability or functionality of the Aston Martin Connected Car Services and the Aston Martin App, and that you may not be able to use your Aston Martin Connected Car during periods when software updates are being installed.
4.12 In providing the Aston Martin Connected Car Services, Aston Martin works with other service providers, law enforcement authorities and the emergency services. You acknowledge that:
4.12.1 Aston Martin may change any of these arrangements from time to time; and
4.12.2 Aston Martin is not responsible for the acts or omissions of any law enforcement authorities or the emergency services.
4.13 The Aston Martin Connected Car Services and Aston Martin App may provide you with access to third party material such as traffic updates. Please note that:
4.13.1 third party materials are not provided by Aston Martin and Aston Martin cannot guarantee the accuracy, currency, quality, performance, availability, completeness, reliability, decency and/or legality of any such third party materials;
4.13.2 any access to any third party materials may be subject to the relevant third party‘s terms and conditions and privacy policies which you will need to read and accept if you wish to have access to them; and
4.13.3 Aston Martin reserves the right to change, suspend, remove, or disable access to any third party materials which are available via the Aston Martin Connected Car Services, the Aston Martin App and/or the Communication Services at any time without notice.
4.14 You may raise any query or concern regarding the Aston Martin Connected Car Services, the Aston Martin App and/or the Communication Services and their operation in relation to your Aston Martin Connected Car with an authorised Aston Martin dealer or authorised repairer.
5. Aston Martin’s Rights
5.1 Aston Martin reserves the right to pilot for a limited period of time and/or for specific market(s) and/or for a specific group of customers new features, functions, interfaces or products related to the Aston Martin Connected Car Services, the Aston Martin App and/or the Communication Services.
5.2. In order to rectify any faults in relation to the operation of the Aston Martin Connected Car Services, the Aston Martin App and/or the `Communication Services and/or to update any of the same for any reason, Aston Martin is entitled to make adjustments to any software and systems which are integrated into your Aston Martin Connected Car (including by way of remote access).
5.3 Aston Martin may change the functionality of the Aston Martin Connected Car Services so as to give you the choice of limiting or removing connectivity and/or certain of the Aston Martin Connected Car Services by using the ‘Privacy’ mode via the Aston Martin App. In such case, your Aston Martin Connected Car may not generate certain data relating to your use of the Aston Martin Connected Car (e.g. location for purposes of Aston Martin Connected Car navigation). However, you agree and acknowledge that in activating the ‘Privacy’ mode in the Aston Martin Connected Car certain features will remain active in the Aston Martin Connected Car (set out in the Owner’s Manual), for the limited purpose of allowing any legally mandated functionality, such as eCall (if applicable in the relevant jurisdiction), to operate.
5.4 Aston Martin reserves the right to amend both these Terms and Conditions of Use and the Aston Martin Connected Car Privacy Policy for any reason at any time. Any such amendment shall be notified to you by Aston Martin on-screen when you next log on to use the Aston Martin Connected Car Services via the Aston Martin App. If Aston Martin exercises this right, you shall be entitled to terminate your right to use the Aston Martin Connected Car Services by notifying Aston Martin of such decision with fourteen (14) days of Aston Matin notifying you of any such change.
5.5 You will be required to accept any updated versions of these Terms and Conditions of Use and/or Aston Martin Connected Car Privacy Policy if you wish to continue to use the Aston Martin Connected Car Services from the date that such change takes effect.
5.6 Aston Martin also reserves the right, at any time, to revise the Aston Martin Connected Car Services, the Aston Martin App and/or the Communication Services. These changes may be made in order to improve the functionality of the Aston Martin Connected Car Services, the Aston Martin App and/or the Communication Services (including where there is a regulatory change or change in the law affecting the design or operation of the same or where there is a change in the third-party service providers whose software or services are utilised in connection with the same) provided that such changes do not materially degrade the core functionality of the Aston Martin Connected Car Services (unless such changes are mandated by any applicable law), the Aston Martin App and/or the Communication Services. Aston Martin may send you an email notifying you of the change or may notify you of a change when you next log-on to the Aston Marin Connected Car Services. These new terms may be displayed on screen and you may be asked to read and accept the new terms in order to continue your use of the Aston Martin Connected Car Services, the Aston Martin App and/or the Communication Services.
5.7 If you do not accept any such updates as referred to in clauses 5.4 or 5.5 above as required by Aston Martin, you will not be allowed to use any of the affected Aston Martin Connected Car Services, the Aston Martin App and/or the Communication Services until such time as you confirm that you have read and that you accept the revised terms and conditions and/or updated software (except for any service that is mandatory under any applicable law).
5.8 If you elect to reject any change to any of these Terms and Conditions of Use, you will receive a pro-rata refund of any charges which you may have paid in advance (if any) to use the Aston Martin Connected Car Services, the Aston Martin App and/or the Communication Services. However, to the extent that the Aston Martin Connected Car Services are provided or procured by Aston Martin free of charge and as part of the standard equipment of your Aston Martin Connected Car, no such refunds will be payable to you if you opt to reject any changes required by Aston Martin pursuant to clauses 5.4 and 5.5 above.
5.9 Aston Martin reserves the right to limit the monthly data volume used by you through your use of the Aston Martin Connected Car Services and/or the Communication Services and to limit the speed of the connection in case of excessive usage.
6. Communication Services
6.1 You need to be connected to the Communication Services to access the Aston Martin Connected Car Services.
6.2 Aston Martin gives no warranty as to the availability of the Communication Services and does not guarantee that connectivity or wi-fi will always be available in the geographic areas where you may wish to use the Communication Services to access the Aston Martin Connected Car Services.
6.3 Aston Martin hereby disclaims liability for any loss, or unavailability, of wi-fi or connectivity by your Aston Martin Connected Car or by you when using the Communication Services.
7. Your obligations regarding your use of the Aston Martin Connected Car Services, the Aston Martin App and the Communication Services
7.1 When using the Aston Martin Connected Car Services, the Aston Martin App and/or the Communication Services, you accept that:
7.1.1 you are responsible for setting up your access to the Aston Martin Connected Car Services and the Communication Services via the Aston Martin App by satisfactorily completing all of the required steps although assistance will be available from any of Aston Martin’s authorised dealers;
7.1.2 you may only use the Aston Martin Connected Car Services, the Aston Martin App and the Communication Services for lawful purposes in connection with your lawful use of your Aston Martin Connected Car;
7.1.3 you may only use the features of the Aston Martin Connected Car Services, the Aston Martin App and/or the Communication Services for the purposes which are described in the Owner’s Manual provided by Aston Martin. For example, the roadside assistance function may only be used to call for roadside assistance to resolve a fault with your Aston Martin Connected Car and not for any other information or for any assistance regarding any other vehicles;
7.1.4 you may be liable for reimbursing Aston Martin for any costs which it incurs in relation to any misuse of the Aston Martin Connected Car Services, the Aston Martin App and/or the Communication Services by you;
7.1.5 you are responsible for ensuring that any third parties whom you allow to access your Aston Martin Connected Car and/or to use any of the Aston Martin Connected Car Services, the Aston Martin App and/or the Communication Services will also comply with these Terms and Conditions of Use;
7.1.6 you are responsible for ensuring that all persons who you authorise to use your Aston Martin Connected Car are aware that your Aston Martin Connected Car is equipped with the Aston Martin Connected Car Services and the Communication Services (including telematics systems that are able to track the location of your Aston Martin Connected Car). If such person does not consent to Aston Martin’s use of any of their personal data which is collected by your Aston Martin Connected Car whilst they are driving it and/or otherwise using any of the features of the Aston Martin Connected Car Services, the Aston Martin App and/or the Communication Services, you may temporarily disable certain features of the Aston Martin Connected Car Services, the Aston Martin App and/or the Communication Services via the privacy settings in the Aston Martin App whilst such person is using your Aston Martin Connected Car;
7.1.7 you may only use the Aston Martin Connected Car Services, the Aston Martin App and/or the Communication Services when:
(a) it is safe to do so;
(b) you are not distracted from driving; and
(c) the legal requirements for road traffic are observed;
and, in so doing, you are responsible for your personal safety and the personal safety of your passengers when using the Aston Martin Connected Car Services, the Aston Martin App and/or the Communication Services;
7.1.8 you must not use your smartphone to access the Aston Martin Connected Car Services, the Aston Martin App or the Communication Services while driving;
7.1.9 you must comply with all applicable traffic laws and good driving practice when using any of the Aston Martin Connected Car Services, the Aston Martin App and/or the Communication Services whilst in a moving vehicle including, but not limited to, the use of a mobile phone in a vehicle;
7.1.10 you must not use or permit any person to use any element of the Aston Martin Connected Car Services, the Aston Martin App and/or the Communication Services:
(a) for any commercial use;
(b) to pass on the data and information received within the scope of the use of the Aston Martin Connected Car Services, the Aston Martin App and/or the Communication Services to third parties for commercial purposes or to process them further;
(c) for any illegal purpose;
(d) to hack into or to insert any harmful or malicious code or data into the software or systems of Aston Martin, the Communication Services Provider or any third party;
(e) in any way that could damage, disable, overburden, impair or compromise any of the systems of Aston Martin, the Communication Services Provider or any third party;
(f) in any way that may interfere with or threaten the security of the systems of Aston Martin, the Communication Services Provider or any third party;
(g) to send bulk or spam messages or to conduct any activities that constitute any form of internet chat, peer to peer file sharing or other such activity;
7.1.11 you must not issue any automated or recorded requests to the Aston Martin Connected Car Services, the Aston Martin App and/or the Communication Services;
7.1.12 you must not interfere with or modify or attempt to interfere with or modify any element of the software or other systems which are used to deliver the Aston Martin Connected Car Services, the Aston Martin App and/or the Communication Services;
7.1.13 you must ensure that all of the personal information which you provide to Aston Martin when registering to use the Aston Martin Connected Car Services, the Aston Martin App and/or the Communication Services is correct and is kept up to date at all times by updating the same via the account management features within the Aston Martin App;
7.1.14 you must keep your username and password for access to the Aston Martin Connected Car Services, the Aston Martin App and/or the Communication Services secure and confidential at all times;
7.1.15 you must inform Aston Martin or an Aston Martin authorised retailer as soon as possible if you become aware of a security breach or any unauthorised use of the Aston Martin Connected Car Services, the Aston Martin App and/or the Communication Services;
7.1.16 if you fail to keep your username and password confidential and secure, you (not Aston Martin) are responsible for all actions of any third party who uses any of them to access or use your Aston Martin Connected Car;
7.1.17 if you disconnect your ability to access to any Aston Martin Connected Car Services or the Aston Martin App, those features will not be available until you reset your privacy settings. For example, the Aston Martin Connected Car tracking functionality can only work if Aston Martin can track the location of your Aston Martin Connected Car;
7.1.18 you must ensure that you use the Aston Martin App to manage your use of the Aston Martin Connected Car Services in accordance with the instructions in your Owner’s Manual;
7.1.19 you acknowledge and agree that internet transmissions are never completely private or secure; and
7.1.20 despite the safeguards that Aston Martin and its service providers have in place, Aston Martin is not able to guarantee that any information submitted over the internet using the Aston Martin Connected Car Services, the Aston Martin App and/or the Communication Services cannot be accessed or intercepted by others.
7.2 If you dispose of your Aston Martin Connected Car you must:
7.2.1 inform Aston Martin within seven (7) days via the Aston Martin App (or through an authorised dealer) by deleting yourself as the registered user of the Aston Martin Connected Car Services and the Communication Services in connection with the applicable Aston Martin Connected Car. If not, Aston Martin and the Communication Services Provider will assume that you are still an Authorised User of that Aston Martin Connected Car;
7.2.2 inform the new keeper that they need to register with Aston Martin to use the Aston Martin Connected Car Services, the Aston Martin App and/or the Communication Services;
7.2.3 remove reference to your Aston Martin Connected Car from the Aston Martin App as being your vehicle;
7.2.4 to the extent you are able to do so via the Aston Martin App, remove all data and content (including any personal information) that you may have stored on your Aston Martin Connected Car and/or on the Aston Martin Connected Car Services and/or Aston Martin App before you sell or transfer your Aston Martin Connected Car or if you elect not to continue to use the Aston Martin Connected Car Services at the end of any subscription period. As a result, you will lose access to the Aston Martin Connected Car Services and/or the Communication Services in relation to that Aston Martin Connected Car via the Aston Martin App. If you do not do so, such personal information may continue to be accessible by those who are able to access such information in connection with that Aston Martin Connected Car, including subsequent purchasers.
7.3 If your Aston Martin Connected Car is stolen, you:
7.3.1 must inform Aston Martin via the Aston Martin App immediately after becoming aware of the theft of your Aston Martin Connected Car so that the car tracking elements of the Aston Martin Connected Car Services can be activated. Until you do so, you will remain liable for any charges which any new user or thief may incur in relation to any use of the Aston Martin Connected Car Services and/or any Communication Services;
7.3.2 must inform the police and obtain a crime reference number;
7.3.3 accept that whilst the Aston Martin Connected Car Services and the Communication Services may assist attempts by the police to track the location of your Aston Martin Connected Car, Aston Martin does not provide any assurances that your Aston Martin Connected Car will be tracked or recovered after a theft;
7.3.4 accept that the Aston Martin Connected Car Services do not include or cover the actual recovery of your Aston Martin Connected Car;
7.3.5 accept that Aston Martin accepts no responsibility for any failure to track or find your stolen Aston Martin Connected Car or for any damage to your Aston Martin Connected Car following any theft or pending or during any operation to recover your Aston Martin Connected Car;
7.3.6 accept that your use of the Aston Martin Connected Car Services does not impose upon the police any duty of care greater than or different from that owed to the public at large; and
7.3.7 accept that you will not be able to obtain the location of your Aston Martin Connected Car from the stolen vehicle tracking service provider. Rather, it is for the police to liaise with you as regards the recovery of any stolen vehicle.
7.4 If you use your Aston Martin Connected Car SIM Card that is made available to you by Aston Martin with your Aston Martin Connected Car for any purpose other than in connection with the use of the Aston Martin Connected Car Services, you will be responsible for all charges that may arise in connection with such usage.
8. Intellectual Property and Software
8.1 You acknowledge and agree that:
8.1.1 as between you and Aston Martin, all intellectual property rights and all other rights, title and interest in the Aston Martin Connected Car Services and the Aston Martin App anywhere in the world belong to Aston Martin or are licensed to Aston Martin;
8.1.2 you shall not acquire any rights whatsoever in any intellectual property rights which subsist in any elements of the Aston Martin Connected Car Services;
8.1.3 you are only licensed to use the Aston Martin Connected Car Services, the Aston Martin App and the software which is incorporated into your Aston Martin Connected Car for the sole purpose of receiving the benefit of the Aston Martin Connected Car Services in connection with the use of your Aston Martin Connected Car and in accordance with these Terms and Conditions of Use; and
8.1.4. the Aston Martin trademarks and Aston Martin vehicle model and trade names that may feature in the Aston Martin Connected Services and/or the Aston Martin App and/or in your Aston Martin Connected Car are owned by Aston Martin and that any unauthorised use of such marks of names will constitute a breach of these Terms and Conditions of Use and shall be regarded as an infringement of Aston Martin’s rights.
8.2 You must not:
8.2.1 modify, reverse engineer, decompile or disassemble the software code which is used to deliver any of the Aston Martin Connected Car Services (including the Aston Martin App) except to extent allowed by law;
8.2.2 introduce any virus, code or software into the software used in the Aston Martin Connected Car Services, the Aston Martin App or the Communication Services;
8.2.3 remove any proprietary notices or marks from any materials that are provided to you in connection with your use of the Aston Martin Connected Car Services, the Aston Martin App; or the Communication Services; and/or
8.2.4 knowingly take any action that would cause any of the software which is used to deliver any of the Aston Martin Connected Car Services, the Aston Martin App or the Communication Services to be placed in the public domain.
9. Privacy
9.1. Aston Martin takes your privacy very seriously and complies with applicable data protection legislation.
9.2 Aston Martin will only use any of your personal data which is collected via your use of your Aston Martin Connected Car or via your use of the Aston Martin Connected Car Services (including the Aston Martin App) in accordance with the Aston Martin Connected Car Privacy Policy.
9.3 You agree to Aston Martin’s collection, storage, use and processing of any of your personal data which you provide in connection with, or which is generated by, your use of the Aston Martin Connected Car Services, the Aston Martin App and/or the Communication Services in the manner described in, and on the lawful bases identified by, the Aston Martin Connected Car Privacy Policy.
9.4 You acknowledge and agree that Aston Martin may use any data (including personal data): (1) for purposes of monitoring and/or improving the performance of its products, systems, personnel and/or services (including the Aston Martin Connected Car Services and the Aston Martin App) and recommending after-sales options, such as a vehicle service; and (2) which either has no personal reference or whose personal details have been removed or anonymized in the course of processing or use including, in particular, any technical data and data regarding the performance of your Aston Martin Connected Car, provided always in each case that Aston Martin’s processing or use of your personal data is lawful and in accordance with the Aston Martin Connected Car Privacy Policy.
9.5 So that you always have the most up to date information to hand, whenever you open the Aston Martin App or manually refresh the Aston Martin App, we update Aston Martin App with the following data fetched from your Aston Martin Connected Vehicle:
9.5.1 vehicle location and vehicle status (including connection availability, state of apertures, fluid levels and tyre pressures);
9.5.2 account information; and
9.5.3 preferred dealer information.
The Aston Martin App will use this information to provide you with the most recent and up to date information. As part of this service, we also proactively provide you with notifications to the Aston Martin App if your vehicle is left unlocked or with the windows open, or if your vehicle is being tampered with.
10 Liability
10.1 You acknowledge that the Aston Martin Connected Car Services, the Aston Martin App or the Communication Services have not been developed to meet your individual requirements and that it is therefore your responsibility to ensure that the Aston Martin Connected Car Services, the Aston Martin App and the Communication Services meet your individual requirements.
10.2 In the event of any breach by you of these Terms and Conditions of Use, you shall indemnify (so far as is reasonable if you are a consumer) Aston Martin and the Communication Services Provider against any loss or damage suffered by Aston Martin and the Communication Services Provider (as the case may be) as a result of such breach and undertake to release Aston Martin from any third party claims arising out of any such breach.
10.3 You acknowledge that (save as to the extent that not contrary to any applicable mandatory laws):
10.3.1 Aston Martin is not responsible for ensuring that the content and information provided by third parties for the Aston Martin Connected Car Services, the Aston Martin App or the Communication Services is up-to-date, correct, complete and/or of good quality; and
10.3.2 Aston Martin shall not check or modify such content and information.
10.3.3 Aston Martin is not responsible for any damage incurred as a result of your incorrect use of the Aston Martin Connected Car Services, the Aston Martin App or the Communication Services by you or other person. For the avoidance of doubt this will apply, inter alia, if you or another driver of your Aston Martin Connected Car is distracted while driving as a result of using the Aston Martin Connected Car Services, the Aston Martin App or the Communication Services, leading to an accident.
10.3.3 Aston Martin is not responsible for any damage incurred if the display of warnings and error messages in the "Vehicle Health Report" differs from the actual display in your Aston Martin Connected Car.
10.4 Aston Martin does not represent or warrant that the Aston Martin Connected Car Services, the Aston Martin App or the Communication Services will be error-free or uninterrupted, that defects will be corrected, or that the systems that make the Aston Martin Connected Car Services available are free from any harmful components, including, without limitation, viruses.
10.5 Aston Martin does not make any representations or warranty with respect to any information which can be accessed on or which is otherwise available through the Aston Martin Connected Car Services, the Aston Martin App or the Communication Services is accurate, complete, reliable, legal, useful, or up-to-date.
10.6 You acknowledge that your use of the Aston Martin Connected Car Services, the Aston Martin App or the Communication Services is at your sole risk.
10.7 Aston Martin does not represent or warrant that:
10.7.1 any use of the Aston Martin Connected Car Services, the Aston Martin App or the Communication Services in accordance with these Terms and Conditions of Use will comply with the law of any jurisdiction in which any of the same may be used; and
10.7.2 your interaction with the Aston Martin Connected Car Services, the Aston Martin App or the Communication Services in any manner is lawful in the jurisdiction in which you are using the Aston Martin Connected Car Services.
10.8 In addition, Aston Martin does not endorse any user content that is available via the Aston Martin Connected Car Services, the Aston Martin App or the Communication Services and specifically disclaims any responsibility or liability to any person or entity for any loss or damage, injury, claim, liability or other cause of any kind or character based upon or resulting from any such content.
10.9 Subject to clause 10.11, Aston Martin’s liability to you in connection with any direct losses suffered by you and or any other person who uses your Aston Martin Connected Car, the Aston Martin Connected Car Services, the Aston Martin App or the Communication Services is limited to the greater of the price you paid to subscribe to use the Aston Martin Connected Car Services (including any Communication Services) in the year in which the cause in action arises or, in the case where the Aston Martin Connected Car Services (including the Aston Martin App and any Communication Services) are provided as part of the standard equipment of your Aston Martin Connected Car, one thousand pounds (£1,000).
10.10 Subject also to clause 10.11, Aston Martin shall not under any circumstances whatsoever have any liability (whether in contract, tort (including but not limited to negligence), breach of statutory duty, innocent or negligent misrepresentation, restitution or otherwise) arising under the Aston Marin Connected Car Services, the Aston Martin App or the Communication Services for:
10.10.1 loss of profits, sales, business, or revenue;
10.10.2 business interruption;
10.10.3 loss of anticipated savings;
10.10.4 loss or corruption of data or information (other than personal data);
10.10.5 loss of business opportunity, goodwill or reputation; or
10.10.6 any indirect, special or consequential loss or damage.
10.11 Nothing in these Terms and Conditions of Use shall limit or exclude our liability for:
10.11.1 death or personal injury resulting from our negligence;
10.11.2 fraud or fraudulent misrepresentation;
10.11.3 any other liability that cannot be excluded or limited by applicable mandatory law.
11. Force majeure
11.1 You acknowledge that disruptions to the Aston Martin Connected Car Services, the Aston Martin App or the Communication Services may result from events beyond the reasonable control of Aston Martin including but not limited to:
11.1.1 strikes and lock-outs;
11.1.2 government and other official action;
11.1.3 adverse weather conditions;
11.1.4 network issues
11.2 Aston Martin shall make all reasonable efforts to promptly restore the Aston Martin Connected Car Services, the Aston Martin App or the Communication Services following an event of force majeure but shall otherwise have no liability to you in relation to such matters.
12. Termination
12.1 In the event that you:
12.1.1 commit any material breach of the provisions of these Terms and Conditions of Use;
12.1.2 are a consumer and you become bankrupt; or
12.1.3 you are a business customer and your company, firm or organisation goes into liquidation or a receiver or an administrator is appointed over some or all of its assets; or
12.1.4 Aston Martin is not able to provide the Aston Martin Connected Car Services in the country/jurisdiction in which you use your Aston Martin Connected Car Services because of any sanctions,
Aston Martin shall be entitled to immediately terminate or suspend your use of the Aston Martin Connected Car Services, the Aston Martin App or the Communication Services (or any part thereof) without prior notice to you.
12.2 You will be liable to pay the reasonable costs that we incur as a result of your breach of these Terms and Conditions of Use.
12.3 You also acknowledge that if the Communication Services Provider suspends or terminates the Communication Services, Aston Martin will not be able to provide the Aston Martin Connected Car Services to you.
12.4 Aston Martin shall be entitled to immediately terminate your use of the Aston Martin Connected Car Services (together with the Aston Martin App and the Communication Services) if Aston Martin stops providing the Aston Martin Connected Car Services in your country/jurisdiction or to our customers generally for any reason.
12.5 You are free to stop using Aston Martin Connected Car Services (together with the Aston Martin App and the Communication Services) at any time.
12.6 Upon termination of these Terms and Conditions of Use:
12.6.1 all rights granted to you under these Terms and Conditions of Use shall cease;
12.6.2 you will no longer be able to access or use any of the Aston Martin Connected Car Services, the Aston Martin App or the Communication Services;
12.6.3 any services which Aston Martin is legally obliged to provide (such as E-Call, if applicable in the relevant jurisdiction) shall continue to be available; and
12.6.4 Aston Martin may delete all records and data in its possession or control relating to your use of the Aston Martin Connected Car Services or the Aston Martin App without liability to you.
13. General
13.1 Aston Martin reserves the right to transfer the contract regarding your use of Aston Martin Connected Car Services, the Aston Martin App or the Communication Services (without changing the contractual provisions in any other respect) to another company within the Aston Martin group and Aston Martin shall notify you of any such transfer in advance.
13.2 If 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.
13.3 Each of the clauses in these Terms and Conditions of Use operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining clauses will remain in full force and effect.
13.4 If Aston Martin does not insist that you perform any of your obligations under these Terms and Conditions of Use or if Aston Martin does not enforce its rights against you, or if Aston Martin delays in doing so, that will not mean that Aston Martin has waived its rights against you and will not mean that you do not have to comply with those obligations.
13.5 If Aston Martin does waive a breach of these Terms and Conditions of Use by you, Aston Martin will only do so in writing.
14. Governing Law
14.1 These Terms and Conditions of Use shall be governed by the laws of England and Wales and the Courts of England and Wales shall have exclusive jurisdiction for the resolution of any and all disputes between Aston Martin and you, except that Aston Martin, at its election, may commence proceedings against you in any jurisdiction where you reside.
Last updated 2 June 2023