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Thank you for visiting our website and for your interest in our company. The protection of your personal data is a matter of great importance to us. Below we inform you about the handling of your personal data when visiting our website audiondemand.com.sg as well as in the context of our Audi on demand services operated by Premium Automobiles (“PAL”) in cooperation with Audi Singapore Pte. Ltd.
Personal data means any information relating to an identified or identifiable natural person. This includes information such as the name, address, phone number and date of birth as well as the IP address.
I. Responsible Body
Data Controller according to GDPR:
Premium Automobiles Pte Ltd.
281 Alexandra Road,
Contact details of our data protection officer:
Audi Centre Singapore
281 Alexandra Road,
Tel.: (+65) 6690 0280
II. Purposes and Legal Basis of the Data Processing
1. Informational Use of the Website
You can visit our website without providing any personal information. If you use our website for informational purposes only, i.e. do not log in, register, book an Audi or otherwise provide us with information about yourself, we do not collect any personal data, with the exception of the data that your browser transmits to enable you to visit the website as well as information that is transmitted to us through cookies used for statistical analysis of the use of our website.
a. Technical Provision of the Website
For the purpose of the technical provision of the website, it is necessary that we process certain automatically transmitted information about you so that your browser can display our website and you can use the website. This information is automatically collected for each visit of our website and stored in our server log files. This information refers to the computer system of the requesting computer. The following information is collected thereby:
• Browser type / -version (e.g.: Firefox 59.0.2 (64 Bit));
• Browser language (e.g.: German);
• Operating system (e.g.: Windows 10);
• Name of service provider;
• Internal resolution of the browser window;
• Screen resolution;
• Java on / off;
• Cookies on / off;
• Color depth;
• http-status code;
• Date and time of access.
• Session id
• Log-in status
Your information, collected by us through the aforementioned cookies, will not be used by us to create user profiles or to evaluate your browsing behavior.
To the extent a legal basis for our data processing activities is required under the GDPR, we process your personal data for the technical provision of our website on the following legal basis:
• for the fulfilment of a contract or for the implementation of pre-contractual measures pursuant to Art. 6 para. 1 letter b GDPR, provided you visit our website to obtain information about us; and
• to protect our legitimate interests pursuant to Art. 6 para. 1 letter f GDPR in order to make the website technically available to you. Our legitimate interest is to offer you an appealing, technically functioning and user-friendly website.
b. Statistical Analysis of Website Usage and Range Increase
For the purpose of statistical analysis of the use of our website, we use Kenshoo and DoubleClick and thus cookies, which enable an analysis of your browsing behavior as well as the management of our marketing measures. This enables us to improve the quality of our website and its content. We learn how the website is used and can thus continuously optimize our offer.
The information obtained in the context of the statistical analysis of our website will not be merged with your other data collected in the context of the website.
To the extent a legal basis for our data processing activities is required under the GDPR, we process your personal data for statistical analysis of the use of our website on the following legal basis:
• Your consent pursuant to art. 6 para. 1 letter a GDPR.
Google Tag Manager
On our website we use Google Tag Manager. Those are solutions that allow marketers to manage web page tags through a single desktop interface. The services themselves (which implement the tags) are cookieless domains and do not collect any personal information. The services trigger other tags that may in turn collect data. Google Tag Manager do not access this data.
We use Kenshoo, a service by Kenshoo, Ltd., 6 Habarzel St., Lobby B, 5th floor, Tel-Aviv, 6971010, Israel, to manage, optimize and analyze our digital marketing activities across multiple advertising channels and devices. The information collected by Kenshoo is typically used to identify trends and optimize our overall advertising activities. As such, the information collected by Kenshoo is unidentifiable, and they do not know, nor will we attempt to know the identity of users. Kenshoo uses tracking pixels and cookies to track users, who interact with our website and our ads. We use the aggregated data provided by Kenshoo, to measure the performance of our keyword advertising and of the conversions of multiple engagements across different channels, to detect market and industry trends, and to retarget users that left our website without taking action.
You can find out more about the handling of data as well as information on how to withdraw your consent by opting out of Kenshoo’s cookies in Kenshoo’s privay policy at https://kenshoo.com/privacy-policy/
2. Active Use of the Website
In addition to the merely informational use of our website, you can also actively use our website to book an Audi or to contact us. In addition to the above-mentioned processing of your personal data for merely informational purposes, we will also process other personal data that we require from you to process your booking or to process and respond to your inquiry.
a. User Requests
In order to process and answer your inquiries to us, e.g. via the contact form or our e-mail address, we process your personal data provided by you in this context. In any case, this includes your name and e-mail address in order to send you an answer, as well as the other information that you send us in the context of your message.
To the extent a legal basis for our data processing activities is required under the GDPR, we process your personal data in order to respond to user inquiries on the following legal basis:
• to protect our legitimate interests pursuant to art. 6 para. 1 lit f GDPR; our legitimate interest is to answer customer inquiries appropriately.
b. Provision of our Services
We process your personal data, which you make available to us within the scope of concluding or preparing a contract, making a request or otherwise and which is necessary for concluding the contract, for providing the services demanded, for answering to your request, to justify, execute and, if necessary, terminate our contract with you and the execution of your orders. We process personal data that we receive as part of a complaint in order to examine the incident and process it. However, we also use our customers' data to collect our claims.
Where the provision of your personal data to us is voluntary, this is marked as such.
We process the following personal data of you, when you provide it to us online, in person or through another means of communication provided:
• First, middle and last name;
• Date of birth;
• Street address and house number, ZIP Code;
• e-mail address;
• mobile phone number;
• credit card information;
• driver’s license number and information.
Vehicle Operations and Usage Data
When you use Audi on demand, various categories of information will be stored within the Audi vehicle and may be transmitted during or after your use of the vehicle. This data includes the operational status of the Audi vehicle, including the engine, mirrors, brakes, temperature, fluids, vehicle speed, transmission, fuel level, battery, inspection information, key access, steering wheel, headlights, whether doors or hood are opened, and other data points related to the access, status, location, and operation of the vehicle. Some of this information may be transmitted while the vehicle is being operated, while other categories of information are available to Audi once vehicles are returned.
To the extent a legal basis for our data processing activities is required under the GDPR, we process your general information and your data regarding vehicle operations and usage on the following legal basis:
• to fulfil a contract or to carry out pre-contractual measures pursuant to Art. 6 para. 1 lit. b GDPR, if you have entered into a contract with us or use our services.
Data Processing based on our legitimate interests
Beyond the actual performance of the (preliminary) contract, we process your data, if necessary, where it is required to protect our legitimate interests or those of third parties, provided that your interests or fundamental rights and freedoms do not conflict with this. Justifiable in-terests may include our economic interests, our legal interests, our interest in complying with and ensuring compliance or IT security.
In this context we collect the following identifier and tracking information from your mobile device, from the Audi on demand hardware installed on the Audi vehicle, or from your Internet browser on a desktop or laptop:
• Vehicle Identification Number (VIN);
• Authorization tokens;
• Mobile device identifiers;
• Geo-location, including both precise (GPS) and network-based geo-location;
• Log-in information;
• Bluetooth pairing information for your mobile device, including device identifiers;
• Unique identifiers contained in browser or Flash cookies;
• IP address;
• Information collected from web beacons, including data stored in cookies;
• The last page you visited before coming to the Web Portal and other browser related information
Additionally we may use all or part of the aforementioned information we collect to maintain our vehicle fleet, provide the full range of Audi on demand services, and find missing or stolen vehicles. We deidentify and aggregate certain records so that the information no longer identifies you or the Audi vehicle you used as far as this is possible and reasonable.
To the extent a legal basis for our data processing activities is required under the GDPR, we process the aforementioned information on the following legal basis:
• for the performance of a contract or for pre-contractual measurements with regard to our performance of the offered services in accordance with Art. 6 para 1 lit. b GDPR where such data is mandatory to perform the requested services; or
• to protect our legitimate interests pursuant to Art. 6 para. 1 lit. f GDPR in order to make our services technically available to you. Our legitimate interest is to provide you with an attractive, technically functioning and user-friendly service and to take measures to protect our IT-infrastructure from cyber risks and to prevent our IT-infrastructure from posing cyber risks for third parties.
Compliance with Legal Obligations
Like everyone who participates in economic activities, we are also subject to a large number of legal obligations. These are primarily statutory requirements (such as, but not limited to, commercial and tax laws), but also, where applicable, regulatory or other official requirements. The purposes of processing may include identity and age verification, fraud and money laundering prevention, the prevention, combating and investigation of terrorist financing and offences endangering assets, the fulfilment of fiscal control and reporting obligations and the archiving of data for the purposes of data protection and data security as well as verification by tax and other authorities. Furthermore, the disclosure of personal data within the framework of official/judicial measures may become necessary for the purposes of taking evidence, prosecution or the enforcement of civil law claims.
Therefore, to the extent a legal basis for our data processing activities is required under the GDPR, we process your personal data for legal compliance on the basis of the following legal bases:
• to fulfil a legal obligation to which we are subject pursuant to Art. 6 para. 1 lit. c GDPR in connection with the aforementioned rules and regulations.
With your consent we use your data for the transmission of our newsletter, for advertising surveys or invitations to events of interest to you, or we use your data for market research purposes. We collect mandatory information such as your e-mail address, first name, last name but also information that you voluntarily provide to us. We use the voluntary data to permanently improve our customer relationship and make it customer-friendly for you, to be able to address you individually in the future, to analyse your preferences and to inform you about the products of interest to you. You can unsubscribe at any time by clicking on the link provided in the newsletter to unsubscribe or by contacting our customer service at the contact address above.
To the extent a legal basis for our data processing activities is required under the GDPR, we process your data for the dispatch of newsletters, surveys etc. and the personalization of the address on the following legal basis:
• If you have given us your consent, in accordance with Art. 6 para. 1 lit. a DSGVO;
• If you have provided us with your e-mail address in connection with the purchase of goods or services in the context of Audi on demand or if we send you personalised advertising in order to safeguard our legitimate interests pursuant to Art. 6 para. 1 lit. f DSGVO; our legitimate interest is based on our economic interests in the implementation of advertising measures and target group-oriented advertising.
Right to object
If we receive your e-mail address in connection with the conclusion of a contract for the provision of our products or services and you have not objected to this, we may use your email-address to regularly send you commercial offers via email for similar products or services from our range of products. You can object to this use of your e-mail address at any time by sending a message to the contact option described above or by clicking a link provided for this purpose in every commercial e-mail.
Some sections of our web pages may contain links to the web pages of third parties. These websites are subject to their own data protection principles. We are not responsible for their operation including the data handling. If you send information to or about such third party sites, you should review the privacy statements of those sites before you submit any information that may assigned to you.
IV. Categories of Recipients
Within our company group, the internal departments and all other companies affiliated with us under company law receive your data in such cases that the data is necessary in order to perform our contractual and statutory obligations or in the course of processing and implementing our legitimate interest.
Your data will only be passed on to the following external parties:
• Audi Singapore Pte Ltd and its affiliated companies;
• Affiliated companies within our group of companies, insofar as they act as data processors for us and, for example, provide IT services or insofar as this is necessary for,
• Payment service providers and banks to collect outstanding payments from accounts or to pay refunds,
• Call centers and complaint processors to receive and process your inquiries and complaints,
• Agencies, printers and lettershops that support us in carrying out advertising measures, competitions, promotions, etc.,
• IT service providers who store data, support the administration and maintenance of the systems as well as file archivists and shredders,
• Collection companies and legal advisors in asserting our claims,
• public authorities and institutions insofar as we are legally obliged to do so.
Beyond the above mentioned, we will not pass on your data to third parties.
V. Transfer into Third Countries
By visiting our website and using our services, your data is processed outside of the EU/EEA. Furthermore, we may transfer data to other third countries. In these cases, the recipients are either situated in a country for which an adequacy decision by the Commission exists, the recipients have implemented Binding Corporate Rules or you can ask our Data Protection Officer to provide you with a copy of the respective standard data protection clauses.
VI. Duration of Storage
1. Informational Use of the Website
When using our website for information purposes only, we store your personal data on our servers exclusively for the duration of your visit to our website. After you have left our website, your personal data will be deleted immediately.
Cookies installed by us are usually also deleted after leaving our website. However, this does not apply to tracking cookies. These remain stored for the duration of up to two years. You also have the option to delete installed cookies yourself at any time.
2. Active Use of the Website and our Services
If you actively use our website, we initially store your personal data for the duration of responding to your inquiry or for the duration of our business relationship. This also includes the initiation of a contract (pre-contractual legal relationship) and the execution of a contract.
In addition, we are subject to various storage and documentation obligations. We may store your personal data, as far as we are legally obliged to store it beyond the end of the business relationship or the pre-contractual legal relationship.
Furthermore, special legal regulations may require a longer storage period, e.g. the preservation of evidence within the framework of the legal statute of limitations.
If the data are no longer required for the fulfilment of contractual or statutory obligations and rights, they are regularly deleted, unless their limited further processing is necessary to fulfil the purposes listed above under. In these cases, even after termination of our business rela-tionship or our pre-contractual legal relationship, we may store and, if necessary, use your data for a period compatible with the purposes.
VII. Your Rights as Data Subject
To the extent the GDPR applies, you are entitled to the following rights as data subject, which you can assert against us. Similar rights may exist under the PDPA.
Right to information: You are entitled to request confirmation from us at any time within the scope of art. 15 GDPR as to whether we are processing personal data relating to you; If this is the case, you are also entitled under art. 15 GDPR to receive information about such personal data as well as other specific information (inter alia, processing purposes, categories of personal data, categories of recipients, planned storage period, the origin of the data, the use of automated decision-making and, in the case of transfers to third countries, the appropriate guarantees) and a copy of the data.
Right to correction: According to art. 16 GDPR, you are entitled to demand correction of the personal data stored about you if it is inaccurate or incorrect.
Right to deletion: You are entitled, under the conditions of art. 17 GDPR, to request from us the deletion of personal data relating to you without delay. Among other things, there is no right of deletion if the processing of personal data is necessary for (i) the exercise of the right to freedom of expression and information, (ii) the fulfilment of a legal obligation to which we are subject (e.g. statutory retention obligations) or (iii) the assertion, exercise or defence of legal claims.
Right to limitation of processing: Under the conditions of art. 18 GDPR you are entitled to request from us the limitation of the processing of your personal data.
Right to data transferability: You are entitled, under the conditions of art. 20 GDPR, to request from us the provision to you of the personal data relating to you that you have submitted to us in a structured, current and machine-readable format.
Right of revocation: You have the right to revoke your consent to the processing of personal data at any time with effect for the future without incurring any costs other than the transmission costs according to the basic rates.
Right to objection: You are entitled to object to the processing of your personal data under the conditions of art. 21 GDPR, meaning that we have to terminate the processing of your personal data. The right of objection exists only within the limits provided for in art. 21 GDPR. In addition, our interests may prevent the processing from being terminated, so that we are entitled to process your personal data despite your objection.
Right of appeal to a supervisory authority: You are entitled to file a complaint with a supervisory authority, in particular in the Member State of your place of residence, work or suspected infringement, under the conditions laid down in Article 77 GDPR, if you believe that the processing of personal data concerning you infringes the GDPR. The right of appeal is not prejudicial to any other administrative or judicial remedy.
However, we recommend that you always address a complaint to our data protection officer first. If possible, your applications for the execution of your rights should be addressed in writing to the above address or directly to our data protection officer.
VIII. Scope of your Obligations to provide Data
Generally, you are not obliged to provide us with your personal data. However, if you do not provide this information, we will not be able to make our website available to you (for which we need at least your IP address), answer your questions (for which we need at least your email address) and enter into a contract with you. Personal data which we do not necessarily require for the above-mentioned processing purposes are marked as voluntary information.
IX. Automated Decision Making/ Profiling
We do not use automated decision making or profiling (an automated analysis of your personal circumstances).
Information about your right of ojection art. 21 GDPR (only applicable to the extent the GDPR applies)
1. You have the right to object at any time to the processing of your data on the basis if art. 6 para. 1 f GDPR (data processing on the basis of balance of interests) or art. 6 para. 1e GDPR (data processing in the public interest), if there are reasons for this arising from your particular situation. This also applies to profiling based on this provision within the meaning of art. 4 No. 4 GDPR.
If you object, we will no longer process your personal data, unless we can prove compelling and applicable reasons for the processing, which outweigh your interests, rights and freedoms, or the processing serves to assert, exercise or defend legal claims.
2. We also process your personal data in individual cases for direct marketing purposes. If you do not wish to receive advertising, you have the right to object to it at any time; this also applies to profiling, insofar as it is associated with such direct advertising. We will take this contradiction into account in the future.
We will no longer process your data for direct marketing purposes if you object to the processing for these purposes.
The objection can be made without formality and should be addressed to
Premium Automobiles Pte Ltd.
281 Alexandra Road,
Last updated in January 2020
This Membership Agreement between you and Premium Automobiles (“us” or “we”), operating the Audi on demand business (“Audi on demand”) governs your Membership in the Audi on demand Membership Program (“Program”). All Members are required to accept and comply with the terms and conditions contained in this Agreement before joining the Program and using any Vehicles. By accepting the terms and conditions of this Agreement, you agree to become a Member of the Program and to comply with terms and conditions of this Agreement.
1.1 Agreement means this Membership Agreement between you and us.
1.2 “Audi on demand” has the meaning provided in the preamble.
1.3 “Website” means www.audiondemand.com.sg, the electronic web-based interface which enables you to, among other things, make a reservation for a Vehicle.
1.4 “Car Rental Agreement” means the agreement by and between you and us for the use of a Vehicle under the Program. The terms and conditions of the Car Rental Agreement are available on the Website.
1.5 “Clean driving record” has the meaning provided in Section 2.8.
1.6 “Communications” means any notices provided by us to you regarding your account or your participation in the Program, including, but not limited to, emails or text messages we may send you.
1.7 “Losses” has the meaning set forth in Section 5.3.
1.8 “Member” means those applicants who are accepted into the Program, including you upon our acceptance of you into the Program and assuming your continued satisfaction of all Membership Criteria.
1.9 “Membership Criteria” has the meaning set forth in Section 2.8.
1.10 “Member Documents” has the meaning set forth in Section 2.5.
1.12 “Profile” means your online enrollment information, which you initially created when you applied to become a Member of the Program (and any changes subsequently made thereto), and which includes, but is not limited to, the following: (a) your name, (b) your contact information including your address, (c) your payment details, and (d) your driver’s license information.
1.13 “Program” has the meaning provided in the preamble.
1.14 “Security Breach” has the meaning set forth in Section 3.3.
1.15 “Vehicle” means the Vehicle you booked through the Program or its replacement and includes tires, tools, equipment, accessories, plates and car documents.
2. MEMBERSHIP RULES
2.1 Application. You do not automatically become, or have a right to become, a Member by meeting the Membership criteria set out in Section 2.8. You must apply to become a Member of the Program by (i) completing a Profile, and (ii) receiving our approval of your application.
2.2 Reservations. Upon our acceptance of you as a Member, you will have the right to submit requests for reservations of a Vehicle to Audi on demand. You are not guaranteed that any Vehicle (or any particular Vehicle) will be available when you submit a reservation request. Further, we reserve the right to decline, in our sole discretion, any request for a Vehicle reservation you submit. When you activate our Website booking confirmation screen and reservation countdown timer, your reservation has been submitted to us subject to our final approval. We will not deliver possession of a Vehicle to you unless we accept your reservation request. If you do not take possession of the Vehicle prior to the expiration of the reservation countdown timer on our Website, your request for a reservation will automatically expire and the Vehicle will be released for others to reserve.
2.3 Vehicle Access. Members are only permitted access to booked cars subject to the terms and conditions of each applicable Car Rental Agreement.
2.4 Non-Ownership. You acknowledge that the Vehicles are owned by us or one of our affiliated companies. You do not obtain any ownership interest in any Vehicle or the Program by becoming a Member. Only we or one of our affiliated companies may assign or otherwise transfer any Vehicle or assign any rights or delegate any obligations under this Agreement. You may not assign any of your rights or delegate any of your obligations as a party to this Agreement or as a Member in the Program.
2.5 Integrated Documents. Your Membership in the Program is subject to the terms and conditions contained in this Agreement, each Car Rental Agreement, your Profile, any Communications, and any other document you sign or we provide, each as may be amended from time to time, whether provided in print form or electronically (collectively, the “Member Documents”). The terms of all such Member Documents are collectively incorporated into this Agreement. To the extent the terms of any of the Member Documents conflict, the order of authority among the Member Documents shall be as follows: (a) the applicable Car Rental Agreement, (b) this Agreement, (c) any other documents you sign or we provide, (d) any Communications, and (e) your Profile.
2.6 Account Information. Upon acceptance of your Membership application, you may view and manage your account activity and your Profile on our Website.
2.7 Membership Credentials. Your Member password is personal to you only. You must not transfer or share it to or with any other person. You must not permit any other person to access your account information and your Profile.
2.8 Membership Criteria. Members must meet certain minimum requirements for eligibility into the Program, as set forth in this Section 2.8 (the “Membership Criteria”). You must be at least twenty-three (23) years of age. You must have accurately, truthfully, and fully completed the application with us and have delivered all information and documents requested in the application process. You must not have omitted something in your responses to the application which would make what you did say in any way misleading. You must have a valid driver’s license duly valid under the laws of Singapore, at least two years of driving experience and a “clean driving record” (as defined below), and must continue to maintain a valid license and clean driving record for the duration of your Membership. Before using the Vehicle for the first time, we must inspect and verify your driver’s license and your Identity Card. By applying for Membership in the Program, you expressly authorize us to check your driving record at any time to determine if you meet these criteria at the outset of your Membership and at any other time so long as your Membership is active. A “clean driving record” consists of a driver’s license status and accident history that does not include any of the following: (a) disqualification from driving, suspension, revocation, expiration, surrender or loss of your driving license, (b) a conviction for any driving-related offense for careless or dangerous driving, driving under the influence, driving while intoxicated or impaired, possession of a stolen Vehicle, unauthorized use of a Vehicle, or use of the Vehicle in the commission of a crime, (c) three or more moving violations within the past thirty-six (36) months, (d) failure to report an accident or leaving the scene of an accident within the past thirty-six (36) months, or (e) conviction for possession of a stolen Vehicle or the use of a Vehicle in the commission of a crime in the past thirty-six (36) months. Failure to meet the Membership Criteria now or at any time in the future shall result in the immediate and automatic revocation of our conditional permission to you to operate any Vehicle or be a Member of the Program.
3. MEMBER OBLIGATIONS
3.1 Truthfulness of Representations. You agree that the information you provide to us, including the information you provide in your Profile, is true, current and accurate, and that we are entitled to rely upon all such information as being true, current and accurate. If any information you previously provided changes, you agree to provide us (or update in your Profile, if applicable) promptly with updated information.
3.2 Credit Card. You agree to provide the information for a valid credit card at the time you create your enrollment Profile, and to keep a valid and acceptable credit card in your Profile at all times that your Membership is active. If such credit card expires, is lost or stolen or is otherwise invalidated, or if the account associated with the card we have on file is suspended, terminated or otherwise not available for us to charge, you agree to promptly provide an alternative valid credit card. You authorize us to charge your credit card for all charges incurred by you related to Vehicle reservations, and you agree to pay for those charges pursuant to your agreement with your credit card company. You further authorize us to make any inquiries we consider necessary (including requesting your consumer report from one or more consumer reporting agencies) in connection with any reservation and/or car sharing of a Vehicle and for any other lawful purpose (including credit card validations, holds and collecting on your account).
3.3 Security Breach. In the event that another person learns or discovers your password to the Website (a “Security Breach”), you agree to notify us immediately.
3.4 Compliance with Membership Criteria. If you cease to fully meet the Membership Criteria, you must (i) immediately cease operating any Vehicle you have obtained from us; and (ii) immediately notify us of the change in your driver’s license status or driving record. You may not make a reservation until you again fully meet the Membership Criteria
4. TERMINATION OF MEMBERSHIP.
4.1 Your Right To Terminate. You may terminate your Membership in the Program at any time by notifying us in writing at the notification address provided in Section 8.5 below.
4.2 Our Right To Terminate. We may terminate your Membership in the Program at any time if (a) you do not pay any charges due for payment, (b) you no longer meet the Membership Criteria, (c) in our sole discretion, we determine that you have failed to comply with this Agreement, (d) in our sole discretion, we determine that you have abused your Membership in a way that detrimentally affects other Members of the Program (including, but not limited to, regularly returning Vehicles late or in an unclean or damaged condition), (e) your credit card is declined, or any charges we have attempted to process are not paid, and you do not promptly replace your declined credit card with a valid credit card that we accept associated with a valid credit account, or (f) you fail to promptly notify us if your password to the Website is obtained by any third party.
4.3 Duties Upon Termination. Upon termination, you are responsible for all charges incurred by you prior to termination or until you have returned all Vehicles, whichever is later.
5. LIABILITY AND INDEMNIFICATION.
5.1 Limitations of Liability. Under no circumstances we will be liable to you or any Member or any third party for any indirect, incidental, special or consequential damages, including loss of profit, revenue, goodwill, business opportunity or anticipated savings, arising from or related to this agreement or use of the Program services. Without limiting the foregoing, we shall have no liability for, and, without limiting the generality of Section 5.3 below, you agree to indemnify and hold us harmless against, any loss of, or damage to, any personal property in or on the Vehicle or in or on any third-party Vehicle, loss or damage incurred by the Member as a result of any claims made by a third party, or loss or damage incurred by the Member arising from or in relation to (i) the reservation of a Vehicle, the failure to secure a reservation for a Vehicle for any reason, the non-availability of a particular type of Vehicle or our supply of available Vehicles (ii) any Vehicle accessories, whether supplied by us, by a Member or by a third party (for example, child restraint apparatus, luggage racks, bicycle racks; the Member is responsible for the safe installation of such accessories and must check the condition of such accessories before each use), unless in each case such loss or damage is incurred due to our gross negligence or our willful misconduct.
5.2 No Third Party. This Agreement is intended for the benefit of you and us only, and no other party may claim rights hereunder, whether as a third-party beneficiary or otherwise. This Agreement is excluded from the application of the Contracts (Rights of Third Parties) Act.
5.3 Indemnification. You shall defend, indemnify and hold us harmless from all losses, liabilities, damages, injuries (including death), claims, demands, costs, reasonable attorney fees and other expenses (“Losses”) arising out of any transaction or occurrence related to or connected with in any manner to this Agreement, including without limitation, your breach of this Agreement and your operation of a Vehicle.
7. ELECTRONIC RECORDS.
7.1 Electronic Delivery. We may, from time to time, give you: (a) written notice of changes to this Agreement, or (b) an Internet Website address where the revised version of this Agreement can be found. You may decline such changes by discontinuing your Membership in the Program. You may also obtain a free copy of the latest version of the Agreement by calling the Audi on demand team (the phone number is noted on our Website). By using the Program, you agree to form a contractual relationship with us using electronic means. To the fullest extent permitted by applicable law, this Agreement and any Communications may be provided to you electronically, and you agree to receive such Communications in an electronic form. Electronic Communications may be delivered to the last electronic mail address on file with us. All Communications in either electronic or paper format will be considered to be in “writing,” and to have been received no later than five (5) business days after dissemination, regardless of whether you have received or retrieved the Communication. We may, at our sole discretion, provide Communications in paper format to you using your most recent address on file with us. You agree that it is your sole responsibility to keep your email address current and that we may reasonably assume that any email sent by us to the email address on your Profile will be received by you. Your consent to receive Communications electronically is valid until you revoke your consent by terminating this Agreement.
7.2 Transaction Emails and Text Messages. We and/or our agents may provide to you certain transaction emails and text messages in connection with your account or your participation in the Program. Such transaction emails and text messages may include but are not limited to, the following: (a) confirmations of reservations; (b) reminders of reservations; (c) statements of your reservation activity; (d) alerts regarding pick-up and drop-off locations; (e) information regarding tolls and other charges; (f) notification of an expired driver’s license or credit card; (g) marketing communications; and (h) invoices. You can choose to opt out of receiving marketing communications by replying ‘unsubscribe’ to the mobile number stated for this purpose in such text message or by calling the Audi on demand team for your region (the phone number is noted on our Website.
7.3 Consent. By entering into this Agreement, you give your consent to the use of electronic Communications to provide or make available the information as described. By entering into this Agreement and making a reservation for the use of a Vehicle, you demonstrate that you can access information in electronic form provided or made available to you on our Website.
7.4 Withdrawal of consent. Member may withdraw consent to the Company’s use of electronic records at any time. Member’s withdrawal of consent will be effective the last day of the calendar month that is at least 40 days after the Company has received a written letter mailed to the Company at the applicable address set forth in Section 8.5 requesting such withdrawal and providing a mailing address where the Company may send future paper documents in lieu of electronic records. Member’s withdrawal shall only be effective prospectively.
7.5 Copies of electronic documents. Member may request a paper copy of any electronic records relating to this Agreement by written letter to the applicable address set forth in Section 8.5. The Company reserves the right to charge postage and a handling fee of $1.00 per page provided to Member, plus $50.00 per request in excess of two requests per any 12 month period. Delivery of documents is conditioned upon payment in advance by credit card charge authorized by Member.
8.1 Governing Law. The terms and conditions of this Agreement shall be governed by the laws of Singapore.
8.2 No Waiver. No term contained in this Agreement may be changed or waived, except in a writing signed by our expressly authorized representative. No waiver of default by either party under any of the terms or conditions of this Agreement shall be construed as a waiver of any subsequent default of any of the terms or conditions of this Agreement.
8.3 Severability. If any term, provision, covenant or condition of this Agreement is held invalid or unenforceable for any reason, the remainder of the provisions will continue in full force and effect as if this Agreement had been executed with the invalidated portion eliminated. The parties hereto agree to substitute for the invalid provision a valid provision that most closely approximates the intent and economic effect of the invalid provision.
8.4 Entire Agreement. Subject to Section 2.5, this Agreement, along with any amendments hereto, encompasses the entire agreement between you and us, and supersedes all previous understandings and agreements between you and us. You acknowledge and represent that you have not relied on any representation, assertion, guarantee, warranty, collateral contract or other assurance, except those set out in this Agreement, made by or on behalf of Audi on demand prior to the execution of this Agreement.
8.5 Notifications to us. You must notify us in writing using the address applicable to your reservation. Those addresses are noted on our Website under Contact Us. Phone numbers on our Website are provided for your convenience only, and phone calls shall not constitute notice to us.
8.6 Headings. The headings of the paragraphs of this Agreement are for convenience only, are not part of this Agreement, and do not in any way limit, modify or amplify the terms and conditions of this Agreement.
8.7 Changes to this Agreement. You agree that we may change this Agreement from time to time on a prospective basis by providing you with notice of such changes. For purposes of this provision, notice shall be satisfied by us posting information on our Website indicating that this Agreement has changed. You agree to be bound by any such changes unless you terminate your Membership.
You understand that by checking the box next to “I have read and agree to the Membership Agreement” and clicking on “complete registration” on your enrollment, you have executed this Agreement and are bound by it.