Common use of Right to Modify Clause in Contracts

Right to Modify. 12.1 BMW reserves the right to modify the scope of the BMW ConnectedDrive contract, provided that both such modification is reasonable for the customer with regard to the overall scope of the agreed contract and as far as such modification is necessary (a) where it is digital content, to maintain the digital content or service in conformity with the BMW ConnectedDrive contract or (b) where it is otherwise, made for a valid reason to adapt to changes of the legal situation or technical requirements for BMW or for operational reasons. In the event of a more extensive modification of the scope of the BMW ConnectedDrive contract is required, of which the customer can be notified in writing or via an electronic communication channel, the customer may terminate the BMW ConnectedDrive contract extraordinarily within six weeks of receipt of the notification of the modification and have it deactivated free of charge via the BMW ConnectedDrive hotline. The refund is made on a pro rata temporis basis. 12.2 BMW has the right to make modifications to the Terms and Conditions not covered by 12.1 above by publishing any such amendments at least six weeks before their intended date of entry into force. If the customer has agreed an electronic communication channel with BMW (e.g. via the BMW ConnectedDrive customer portal My BMW Portal), the amendments can also be communicated in this way. They become part of the Terms and Conditions if the customer does not expressly object to BMW before the intended date of entry into force of the amendments. BMW will expressly inform the customer of the consequences of accepting the amendments to the Terms and Conditions. 12.3 BMW may also reasonably modify the scope of a Service, provided that such modification is reasonable for the customer with regard to the overall scope of the agreed Service and such modification is necessary (a) where it is digital content, to maintain the digital content or service in conformity with the BMW ConnectedDrive contract or (b) where it is otherwise, made for a valid reason to adapt changes to the legal situation, to adapt the digital content or digital services to a new technical environment or for other important operational reasons or technical requirements for BMW). The customer will be notified in writing or via an electronic communication channel about the modification. The customer may terminate an affected Service within 30 days of receipt of the notification of the modification, if such modification impairs the use of the Service except if the impairment is insignificant. Place of jurisdiction, applicable law and dispute resolution 12.4 These Terms and Conditions and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of Ireland. 12.5 Each of the customer and BMW irrevocably agrees that the courts of Ireland shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms and Conditions or its subject matter or formation.

Right to Modify. 12.1 11.1 BMW reserves the right to modify the scope of the BMW ConnectedDrive contract, provided that both such modification is reasonable for the customer with regard to the overall scope of the agreed contract and as far as such modification is necessary (a) where it is digital contentfor the elimination of subsequently arising equivalence disturbances, to maintain the digital content or service in conformity with the BMW ConnectedDrive contract or (b) where it is otherwise, made for a valid reason to adapt to changes of the legal situation or technical requirements for BMW or for operational reasons. In the event of a more extensive modification of the scope of the BMW ConnectedDrive contract is requiredcontract, of which the customer can be notified in writing or via an electronic communication channel, the customer may terminate the BMW ConnectedDrive contract extraordinarily within six weeks of receipt of the notification of the modification and have it deactivated free of charge via the BMW ConnectedDrive hotlineHotline. The refund is made on a pro rata temporis basis. 12.2 BMW has the 11.2 A corresponding right to make modifications modify applies to non-essential amendments to the Terms and Conditions not covered by 12.1 above by publishing any Conditions. Any such amendments shall be published at least six weeks before their intended date of entry into force. If the customer has agreed an electronic communication channel with BMW (e.g. via the BMW ConnectedDrive customer portal "My BMW Portal"), the amendments can also be communicated in this way. They become part of the Terms and Conditions if the customer does not expressly object to BMW before the intended date of entry into force of the amendments. BMW will expressly inform the customer of the consequences of accepting not objecting to the amendments in its offer to modify the Terms and Conditions. 12.3 11.3 BMW may also reasonably modify the scope of a Service, provided that such modification is reasonable for the customer with regard to the overall scope of the agreed Service and such modification is necessary (a) where it is digital content, to maintain the digital content or service in conformity with the BMW ConnectedDrive contract or (b) where it is otherwise, made for a valid reason (e.g. necessary for the elimination of subsequently arising equivalence disturbances, to adapt changes to the legal situation, to adapt the digital content or digital services to a new technical environment or for other important operational reasons or technical requirements for BMW). The customer will be notified in writing or via an electronic communication channel about the modification. The customer may terminate an affected Service extraordinarily within 30 days of receipt of the notification of the modification, if such modification impairs the use of the Service except if the impairment is insignificant. Place of jurisdiction, applicable law and dispute resolution 12.4 These Terms and Conditions and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of Ireland. 12.5 Each of the customer and BMW irrevocably agrees that the courts of Ireland shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms and Conditions or its subject matter or formation.

Right to Modify. 12.1 11.1 BMW reserves the right to modify the scope of the BMW ConnectedDrive contract, provided that both such if the modification is reasonable for the customer with regard to the overall scope of the agreed contract and as far as such modification is necessary (a) where it is digital contentfor the elimination of subsequently arising equivalence disturbances, to maintain the digital content or service in conformity with the BMW ConnectedDrive contract or (b) where it is otherwise, made for a valid reason to adapt to changes of the legal situation or technical requirements for BMW or for operational reasonsreasons where those operational reasons do not unfairly prejudice the interests of the customer. In the event of a more extensive modification of the scope of the BMW ConnectedDrive contract is requiredcontract, of which the customer can be notified in writing or via an electronic communication channel, the customer may terminate the BMW ConnectedDrive contract extraordinarily within six weeks of receipt of the notification of the modification and have it deactivated free of charge via the BMW ConnectedDrive hotlineHotline. The refund is made on a pro rata temporis basis. 12.2 BMW has the 11.2 A corresponding right to make modifications modify applies to non-essential amendments to the Terms and Conditions not covered by 12.1 above by publishing any Conditions. Any such amendments shall be published at least six weeks before their intended date of entry into force. If the customer has agreed an electronic communication channel with BMW (e.g. via the BMW ConnectedDrive customer portal "My BMW Portal"), the amendments can also be communicated in this way. They become part of the Terms and Conditions if the customer does not expressly object to BMW before the intended date of entry into force of the amendments. BMW will expressly inform the customer of the consequences of accepting not objecting to the amendments in its offer to modify the Terms and Conditions. 12.3 11.3 BMW may also reasonably modify the scope of a Service, provided that such modification is reasonable for the customer with regard to the overall scope of the agreed Service and such modification is necessary (a) where it is digital content, to maintain the digital content or service in conformity with the BMW ConnectedDrive contract or (b) where it is otherwise, made for a valid reason (e.g. necessary for the elimination of subsequently arising equivalence disturbances, to adapt changes to the legal situation, to adapt the digital content or digital services to a new technical environment or for other important operational reasons or technical requirements for BMW). The customer will be notified in writing or via an electronic communication channel about the modification. The customer may terminate an affected Service extraordinarily within 30 days of receipt of the notification of the modification, if such modification impairs the use of the Service except if the impairment is insignificant. Place of jurisdiction, applicable law and dispute resolution 12.4 These Terms and Conditions and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of Ireland. 12.5 Each of the customer and BMW irrevocably agrees that the courts of Ireland shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms and Conditions or its subject matter or formation.

Right to Modify. 12.1 11.1 BMW reserves the right to modify the scope of the BMW ConnectedDrive contract, provided that both such if the modification is reasonable for the customer with regard to the overall scope of the agreed contract and as far as such modification is necessary (a) where it is digital contentfor the elimination of subsequently arising equivalence disturbances, to maintain the digital content or service in conformity with the BMW ConnectedDrive contract or (b) where it is otherwise, made for a valid reason to adapt to changes of the legal situation or technical requirements for BMW or for operational reasonsreasons where those operational reasons do not unfairly prejudice the interests of the customer. In the event of a more extensive modification of the scope of the BMW ConnectedDrive contract is requiredcontract, of which the customer can be notified in writing or via an electronic communication channel, the customer may terminate the BMW ConnectedDrive contract extraordinarily within six weeks of receipt of the notification of the modification and have it deactivated free of charge via the BMW ConnectedDrive hotlineHotline. The refund is made on a pro rata temporis basis. 12.2 BMW has the 11.2 A corresponding right to make modifications modify applies to non­essential amendments to the Terms and Conditions not covered by 12.1 above by publishing any Conditions. Any such amendments shall be published at least six weeks before their intended date of entry into force. If the customer has agreed an electronic communication channel with BMW (e.g. via the BMW ConnectedDrive customer portal "My BMW Portal"), the amendments can also be communicated in this way. They become part of the Terms and Conditions if the customer does not expressly object to BMW before the intended date of entry into force of the amendments. BMW will expressly inform the customer of the consequences of accepting not objecting to the amendments in its offer to modify the Terms and Conditions. 12.3 11.3 BMW may also reasonably modify the scope of a Service, provided that such modification is reasonable for the customer with regard to the overall scope of the agreed Service and such modification is necessary (a) where it is digital content, to maintain the digital content or service in conformity with the BMW ConnectedDrive contract or (b) where it is otherwise, made for a valid reason (e.g. necessary for the elimination of subsequently arising equivalence disturbances, to adapt changes to the legal situation, to adapt the digital content or digital services to a new technical environment or for other important operational reasons or technical requirements for BMW). The customer will be notified in writing or via an electronic communication channel about the modification. The customer may terminate an affected Service extraordinarily within 30 days of receipt of the notification of the modification, if such modification impairs the use of the Service except if the impairment is insignificant. Place of jurisdiction, applicable law and dispute resolution 12.4 These Terms and Conditions and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of Ireland. 12.5 Each of the customer and BMW irrevocably agrees that the courts of Ireland shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms and Conditions or its subject matter or formation.

Right to Modify. 12.1 BMW reserves the right to modify the scope of the BMW ConnectedDrive contract, provided that both such if the modification is reasonable for the customer with regard to the overall scope of the agreed contract and as far as such modification is necessary (a) where it is digital contentfor the elimination of subsequently arising equivalence disturbances, to maintain the digital content or service in conformity with the BMW ConnectedDrive contract or (b) where it is otherwise, made for a valid reason to adapt to changes of the legal situation or technical requirements for BMW or for operational reasonsreasons where those operational reasons do not unfairly prejudice the interests of the customer. In the event of a more extensive modification of the scope of the BMW ConnectedDrive contract is requiredcontract, of which the customer can be notified in writing or via an electronic communication channel, the customer may terminate the BMW ConnectedDrive contract extraordinarily within six weeks of receipt of the notification of the modification and have it deactivated free of charge via the BMW ConnectedDrive hotlineHotline. The refund is made on a pro rata temporis basis. 12.2 BMW has the A corresponding right to make modifications modify applies to non-essential amendments to the Terms and Conditions not covered by 12.1 above by publishing any Conditions. Any such amendments shall be published at least six weeks before their intended date of entry into force. If the customer has agreed an electronic communication channel with BMW (e.g. via the BMW ConnectedDrive customer portal My BMW Portal), the amendments can also be communicated in this way. They become part of the Terms and Conditions if the customer does not expressly object to BMW before the intended date of entry into force of the amendments. BMW will expressly inform the customer of the consequences of accepting not objecting to the amendments in its offer to modify the Terms and Conditions. 12.3 BMW may also reasonably modify the scope of a Service, provided that such modification is reasonable for the customer with regard to the overall scope of the agreed Service and such modification is necessary (a) where it is digital content, to maintain the digital content or service in conformity with the BMW ConnectedDrive contract or (b) where it is otherwise, made for a valid reason (e.g. necessary for the elimination of subsequently arising equivalence disturbances, to adapt changes to the legal situation, to adapt the digital content or digital services to a new technical environment or for other important operational reasons or technical requirements for BMW). The customer will be notified in writing or via an electronic communication channel about the modification. The customer may terminate an affected Service extraordinarily within 30 days of receipt of the notification of the modification, if such modification impairs the use of the Service except if the impairment is insignificant. Place of jurisdiction, applicable law and dispute resolution 12.4 These Terms and Conditions and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of Ireland. 12.5 Each of the customer and BMW irrevocably agrees that the courts of Ireland shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms and Conditions or its subject matter or formation.