The MINI ConnectedDrive Services Terms and Conditions hereunder and other documents referred to herein, together form a legal agreement (this “Agreement”) between the subscriber (“you”), MINI (for imported vehicles, “MINI” refers to MINI China Automotive Trading Ltd, and for vehicles manufactured by MINI Brilliance Automotive Ltd., “MINI” refers to MINI Brilliance Automotive Ltd.) and China Unicom Smart Connection Technology Co,, Ltd.(“China Unicom”), or other contracted telecommunication operators, governing the provision of MINI ConnectedDrive Services to your vehicle (“MINI ConnectedDrive Services” or “Services”). You hereby accept this Agreement and agree to be bound by the terms and conditions of this Agreement.BMW (China) Services Ltd. is the copyright owner and technology developer of MINI APP software.
1. MINI ConnectedDrive Services
MINI will provide MINI ConnectedDrive Services, through China Unicom and MINI cooperated third-party service providers (i.e. any other third-party service and products providers involved in the process of providing MINI ConnectedDrive Services, such as providers of map data, news, weather, traffic and route information and other contents, collectively referred to as “ Third Party Service Providers ”) . An overview of the MINI ConnectedDrive Services is in your owner’s manual. MINI reserves the right, without prior notice, to add or change the MINI ConnectedDrive Services or cancel certain service items thereof. MINI may also suspend the MINI ConnectedDrive Services, or may use the MINI ConnectedDrive Services to locate the vehicle, as MINI deems reasonable in accordance with the terms and conditions hereunder.
1.1. Details of MINI ConnectedDrive Services: Vehicles will be equipped with various ConnectedDrive service packages depending on the its production year, specification and model. These ConnectedDrive service packages include: (1) Basic ConnectedDrive Service Package; (2) Connected Media Plus Service Package; (3) Connected Navigation Plus Service Package.
Basic ConnectedDrive Service Package includes the following services: (a) intelligent emergency call; and (b) Teleservices, etc.
Connected Media Plus Service Package includes the following services: (a) intelligent emergency call; (b) Teleservices; (c) remote service; (d) Tmall Genie Car Integration; and (e) online speech processing, etc.
Connected Navigation Plus Service Package includes the following services: (a) intelligent emergency call; (b) Teleservices; (c) remote service; (d) Tmall Genie car integration; (e) online speech processing; (f) real time traffic information; and (g) map update, etc.
1.2. Overview of Key Service Items:
(a) Intelligent emergency call: If the airbag is ejected or the seat belt tensioner is activated as a result of an incident, the intelligent emergency call system will be initiated automatically. Under other circumstances (e.g., if you want to help others on the road), you may also press the SOS button in your vehicle to manually initiate the emergency call system.
(b) Teleservices: including but not limited to (i) roadside assistance service hotline: If you experience a flat tire, run out of gas, or have a vehicle malfunction, or other incidents, you may choose the “Roadside Assistance Service” in the menu to connect with our call center; (ii) MINI information service: from time to time MINI will send you messages about your vehicle, your services or opportunities to participate in MINI events or activities; (iii) remote service reminder: service needs and vehicle status will be transmitted to MINI and MINI authorized dealer automatically. A MINI authorized dealer will call you thereafter to schedule a service appointment; and (iv) ConnectedDrive online store: you may visit the “ConnectedDrive store” to renew or purchase MINI ConnectedDrive services in order to effect the Services extension or upgrade.
(c) Remote service: via smartphone applications “MINI Connected” or “My MINI”, you may locate your vehicle, remotely lock/unlock your vehicle, flash lights, blow the horn, ventilate your vehicle and perform other remote operations.
(d) Tmall Genie car integration: you may use contents and services offered by Tmall Genie in your vehicle.
(e) Online speech processing: you may use online speech processing system to make requests while driving, such as finding your favorite restaurants, checking weather forecast, or choosing your favorite music.
(f) Real time traffic information: provides real time traffic information.
(g) Map update: you may keep the map data in your in-vehicle navigation system current via downloading map update wirelessly.
2. MINI Free Service Period
Commencing from the date on which the MINI ConnectedDrive Services for a vehicle is activated for the first time and for a three (3) year period (“ MINI Free Service Period ”), MINI will bear subscription fees for the services included in the relevant ConnectedDrive service package equipped on your vehicle. Among which, MINI will bear subscription fees for intelligent emergency call and Teleservices (i.e. the service items covered by the Basic ConnectedDrive Service Package) for a ten (10) year period. Upon the expiration of the MINI Free Service Period, you shall pay applicable subscription fees to China Unicom or other contracted telecommunication operators to renew or purchase ConnectedDrive service packages except the Basic ConnectedDrive Service Package.
3. Service Limitations
The MINI ConnectedDrive Services are provided through an embedded telematics device installed in your vehicle (the “MINI ConnectedDrive Device”), which receives global positioning satellite signals and communicates with the response center via wireless and landline communications networks. The MINI ConnectedDrive Device is not intended to place or receive personal calls and may only make connections to our service providers requesting for services as permitted under this Agreement. The availability and use of MINI ConnectedDrive Services are subject to limitations, including but not limited to the following: (a) Services are available only if you have signed this Agreement, China Unicom (or any other contracted telecommunication operator) has completed your real-name registration and MINI has received and processed the Agreement; (b) Services are available only if your vehicle ignition is “on” (except for vehicle locator, remote horn blow, remote light flash and door unlock services), and your vehicle battery is charged and connected; (c) Services are available only within mainland People’s Republic of China; (d) Services are available only when the MINI ConnectedDrive Device is in the range of a transmission site of China Unicom (or another contracted telecommunication operator), and there is sufficient network capacity at that moment; (e) Services will be unavailable if you do not have the MINI ConnectedDrive Services password (PIN code) to initiate calls; (f) Services may be undermined by landline and wireless communications problems caused by atmospheric or topographical conditions, busy cells, capacity limitations, equipment problems, equipment maintenance, or other factors and conditions; (g) there are places, particularly in remote areas, with no service at all from China Unicom (or another contracted telecommunication operators); (h) Services may be affected by inherent limitations of your vehicle’s electrical system and architecture, or if any components of your vehicle’s MINI ConnectedDrive Device have been damaged or are defective; (i) Services will be unavailable if the navigation service provider of MINI is not working or the signals are obstructed; (j) certain programming limitations of the global positioning satellite system may impair our ability to determine your vehicle’s precise location; (k) Services may be limited to geographic areas where map data and emergency provider information is available in our databases, which may be less than that which is otherwise generally available; (l) Services may be limited based on the information provided from Third Party Service Providers (e.g. map service is not provided on real-time basis, and news content is limited by the information available to the writer at the time of the news release etc.); and (m) your MINI ConnectedDrive Device uses digital cellular telephone signals, and if China Unicom (or another contracted telecommunication operator) terminates or restricts the supporting digital service required by the MINI ConnectedDrive Device for any reason whatsoever, the MINI ConnectedDrive Services may not be available, including but not limited to the situations where digital signal service is unavailable due to an upgrade of communication network or where the MINI ConnectedDrive Device is no longer supported. MINI is not liable for any consequence of the unavailability of the MINI ConnectedDrive Services under any of these circumstances.
4. Terminating or Transferring MINI ConnectedDrive Services
You may terminate your MINI ConnectedDrive Services, by sending written notice to MINI at the address stated in Article 17 below or by notifying the MINI Customer Service Center at 400-800-6699. If you sell your vehicle during the MINI Free Service Period, the transferee of the vehicle may be entitled to the remaining MINI Free Service Period if you immediately notify the MINI Customer Service Center of such sale. The MINI ConnectedDrive Services will be suspended upon our receipt of your notice and the remaining MINI Free Service Period will be transferred to the MINI ConnectedDrive Service account of the transferee upon the transferee’s signing of MINI ConnectedDrive Services Service Terms and Conditions. If you have paid for MINI ConnectedDrive Services and sell your vehicle or decide to terminate your service, you may apply to the MINI Customer Service Center for a pro rata refund of such subscription fee as have been paid for MINI ConnectedDrive Services (subject to a deduction of handling fees), which does not include any other refund such as the payment for MINI ConnectedDrive Unit. You may not transfer the payment to a transferee of your vehicle. If you fail to give notice to MINI Customer Service Center as described above, we will continue the provision of MINI ConnectedDrive Services to you.
5. Your Duties
You agree to: (a) duly keep your password (PIN code) and your other personal code or key for use of MINI ConnectedDrive Services; (b) use the intelligent emergency call and roadside assistance service of the MINI ConnectedDrive Services only for actual emergencies and roadside assistance needs; (c) follow the instructions for use of the MINI ConnectedDrive Device and the MINI ConnectedDrive Services; (d) furnish all contact and other information, which should be true, accurate, complete and up-to-date, requested by MINI and notify MINI immediately of any change in the information or in the ownership of your vehicle; if you fail to do so, we may continue to use your information then currently available in our record to deliver MINI ConnectedDrive Services, and we are not liable for any damage or loss to the privacy or other interests that you and other third party may suffer as a result of such failure; (e) properly maintain your vehicle and the MINI ConnectedDrive Unit; (f) not use the MINI ConnectedDrive Services in violation of any laws or for any unlawful or abusive purpose; (g) not use the MINI ConnectedDrive Services in any manner unintended by MINI; (h) not use the MINI ConnectedDrive Services in any manner that might harm MINI or any other person; (i) use any and all information and contents included in the MINI ConnectedDrive Services only for your own personal use and not resell, retransmit, modify, copy, store, reproduce, distribute, display, publish, perform, transmit, broadcast, or create derivative works from any information and content unless authorized by MINI or other legitimate proprietor; (j) make timely payment of subscription fee after the expiration of the MINI Free Service Period and if you continue to subscribe for the service; and (k) comply with any other reasonable requirements or restrictions requested or imposed by MINI or China Unicom, as may be contained in your vehicle’s owner’s manual or displayed at MINI official website.
6. Subscription Fee
Except for MINI Free Service Period, the subscription fee for your renewal of MINI ConnectedDrive Services shall be paid upon purchasing. MINI is entitled to adjust the standard of the subscription fee from time to time and will release information relating to the amount of subscription fee, subscribed service period and payment method, etc. via official channels. The subscription fee is refundable as described in Article 4 of this Agreement. After the expiration of the MINI Free Service Period, the MINI ConnectedDrive Services will be made available to you only after your payment of the subscription fee.
7. Termination or Modification for Excessive Use
If MINI determines that your use of the MINI ConnectedDrive Services is so excessive that it interferes or could interfere with MINI’s ability to provide timely, high-quality MINI ConnectedDrive Services to other subscribers, or if MINI determines that your use may constitute a nuisance or is otherwise not consistent with the terms of this Agreement, MINI may, at its sole discretion, suspend, modify or terminate the MINI ConnectedDrive Services provided to you, without prior notice. For the purpose of this Article, excessive use is defined as more than 100 voice calls to our call centers within one month. These rights available to MINI under this Article are in addition to those set out in the Article 9 “Default and Termination” hereof.
8. Responsibility in Emergency Situations
When our response center receives an emergency signal from your vehicle, the response center will attempt to determine if an emergency exists. If so deemed, the response center will attempt to contact you and the appropriate emergency personnel to request assistance and may also attempt to contact your emergency contacts. MINI does not guarantee that the response center will actually receive an emergency signal or call from your vehicle or that the response center will successfully contact the appropriate emergency personnel or your emergency contacts if it does receive an emergency signal or call, or that emergency personnel will respond to the call or locate your vehicle. You are fully aware that the intelligent emergency call provided under MINI ConnectedDrive Services should only serve as a convenience and is not intended as a substitute for possible self-help or mitigation measures you may take in the case of any emergency situation. Neither MINI nor response center is responsible for any failure or delay of emergency personnel in responding to an emergency or for the quality of service they delivered. Nor shall MINI or response center be responsible for any damage or loss due to your own failure to take appropriate self-help or mitigation measures. You release MINI, China Unicom and response center and any other third party service providers from all liabilities and losses (including physical injury or death) that you or others may suffer in an emergency situation.
9. Default and Termination
If MINI determines that you have violated the terms and conditions of this Agreement and such breach affects MINI’s or any other Third Party Service Provider’s ability to serve its other customers, MINI and China Unicom (or another contracted telecommunication operator) may, in their sole discretion, suspend or terminate this Agreement without prior notice. If you breach any other terms of this Agreement, MINI may terminate this Agreement upon 30 days prior written and/or electronic notice to you. These rights available to MINI under this Article are in addition to any other rights that MINI may have. If MINI brings an action to enforce its rights against you, you agree to pay all reasonable costs of enforcement, including attorneys’ fee. If MINI terminateS this agreement under this article, you will not be able to access MINI ConnectedDrive Services, and you will not be entitled to a refund or credit.
10. Force Majeure
MINI, China Unicom and Third-Party Service Providers will not be liable for the failure to provide you with MINI ConnectedDrive Services due to any of the following reasons: any act or omission of any public emergency agency; temporary equipment failures or limited science and technology capacity; damage to the response center, any landline or wireless communications networks or the global positioning satellite system; acts of nature, acts of God, pandemics, labor strikes or war; act of government or any change in laws or regulations, including situations where communication signals are interrupted or where the MINI ConnectedDrive Device is no longer compatible due to an upgrade of network owing to the reasons of the governments or China Unicom (or another contracted telecommunication operator); or any other act or event that is unavoidable, unpredictable, unsurmountable and beyond the reasonable control of MINI, China Unicom and Third Party Service Providers. Under any of these circumstances, MINI may AT ITS option suspend or terminate all or some of the MINI ConnectedDrive Services or terminate this agreement without prior notice to you and without any liability. Moreover, you will not be entitled to a refund or credit.
11. Third Party Beneficiaries
The following parties are considered the intended third party beneficiaries under this Agreement: affiliates of MINI, affiliates of China Unicom, MINI authorized dealers and their affiliates, and Third Party Service Providers. The disclaimer of warranties, limitations of liability, and other protections in this Agreement extend to these third party beneficiaries. To the extent that any of these third party beneficiaries impose additional terms and conditions on providing services, by entering into this Agreement and using the MINI ConnectedDrive Services, you also agree to be bound by those additional terms and conditions.
12. Disclaimer of Warranties
In avoidance of any doubt, the obligation of repair, replacement or return or other product liability that apply to the seller or manufacturer in accordance with the applicable laws and regulations only covers household automotive products and their parts and components, but does not cover the services provided based on automotive products, including without limitation MINI ConnectedDrive services.
Neither MINI, China Unicom, nor third-party service providers makes any warranty of any form whatsoever, express or implied, regarding the MINI ConnectedDrive Services (including any content or information delivered to you as part of the services), including without limitation warranties on ownership, non-infringement on third party rights and service quality, etc.
13. Limitations of Liability
13.1. The MINI ConnectedDrive Services are provided to you merely as a convenience and are not intended as a substitute for insurance. The amount of fees for MINI ConnectedDrive Services are not related to the value of your vehicle or its contents or to the potential cost of any injury or loss suffered by you or anyone else. You should obtain and maintain adequate insurance covering such injuries and losses. You agree to release MINI, China Unicom, third party service providers, and all other third party beneficiaries from any and all claims, liabilities and losses in connection with the MINI ConnectedDrive services, including, but not limited to claims for personal injury or property damage arising from the performance or total or partial failure of performance of the MINI ConnectedDrive Services. you agree to indemnify MINI, China Unicom, third party service providers, and all other third party beneficiaries against all such claims, liabilities and losses brought by third parties. you further agree that this release extends to any party claiming replacing or through you and that no insurance company will have any right of subrogation.
13.2. Neither MINI, China Unicom, third party service providers nor any third party beneficiary will be liable to you or any other party for consequential, indirect, incidental, special, or punitive damages (including without limitation lost profits) in connection with the MINI ConnectedDrive Services or the MINI connected drive unit, even if MINI, China Unicom, third party service providers or other third party beneficiary are aware of the possibility of such damages. these limitations apply to all claims, including without limitation, claims in contract and tort (such as negligence, product liability and strict liability).
13.3. If MINI, China Unicom, third-party service providers or any other third party beneficiary is found liable to you for any reason, you agree that the aggregate liability of all these parties to you for any claim is limited to the total amount paid by you for the MINI ConnectedDrive Services during the 12 months preceding the date your claim arose. you agree that neither MINI, China Unicom, third-party service providers, nor any other third party beneficiary would have agreed to provide the MINI ConnectedDrive Services to you if you did not agree to this limitation. this limited amount is the sole and exclusive liability of MINI, China Unicom, third-party service providers, and any other third party beneficiaries to you.
13.4. You agree that MINI ConnectedDrive Services is designed and provided to you merely for your own personal use. We are not liable to any damage or loss you or others may suffer due to the use of MINI ConnectedDrive Services by any third party other than by yourself.
13.5. You agree that MINI will not be liable to any damages or losses suffered by you or any other person due to the failure of compliance with the use instructions of MINI Connected Drive Device and MINI ConnectedDrive Services (for example, vehicle theft, collision, fire or battery failure or damage occurred due to failure of ensuring the safety conditions of the vehicles when using remote vehicle control service).
If a controversy, dispute, or claim, whether based on contract, tort, statute, or other legal principle arising out of this agreement, or relating to this agreement, any breach hereof, or any tortuous conduct occuring, whether by act or omission, in the preformance of or failure to perform any obligation hereunder, you agree that the matter shall be settled by independent arbitration involving a neutral arbitrator and administered by the china international economic and trade arbitration commission (“cietac”) in beijing in accordance with its arbitration rules. the arbitral award is final and binding upon all parties.
15. Privacy Terms
Please read our MINI ConnectedDrive Privacy Policies for data protection rules related to MINI ConnectedDrive Services.
16. Security of Wireless Network
The MINI ConnectedDrive Services employ wireless telephone networks that use radio channels to transmit voice and data. Therefore, neither the privacy nor security of conversations or data transmitted over the wireless telephone networks can be guaranteed by us.
17. General Legal Matters
A waiver of any part of this Agreement in one instance will not be a waiver of any other part or any other instance. All notices must be given in writing. Notices to you will be deemed given if deposited in the post mail, postage prepaid, addressed to you at the last known address as shown in our records. Notices to MINI shall be deemed given when received at the MINI Customer Service Center (Beijing International Post Office 100071-999). You hereby agree that we may assign this Agreement in whole or in part without further notifying you. If any portion of this Agreement is held to be invalid or unenforceable by a court, the balance of the Agreement will continue to be valid and enforceable. This Agreement is governed by the law of People’s Republic of China. This Agreement, including disclaimer of warranties and limitations of liability, will be enforceable against your heirs, successors and assignees. This Agreement and the documents (including contents on the website www.minichina.com.cn) to which it refers form the entire agreement between us on these subjects. You cannot rely on any other documents or statements on those subjects. This Agreement is not for the benefit of any third party except as expressly provided above. You cannot assign this Agreement. This Agreement will come into effect from the date on which you sign this Agreement. If any of the terms and conditions herein conflicts with the prohibitive provisions in the prevailing laws and regulations, the latter shall prevail.
I have carefully read the terms and conditions of this Agreement and I hereby agree to all of such terms and conditions. I agree that this Agreement may be signed, delivered and retained in electronic form.