Terms and conditions for services
A ”Service” is a service provided by Polestar, as defined in Section 2.1 below, (”Polestar Service”) and/or by external companies (”Third Parties” and ”Third Party Service”, respectively), which can be ordered through use of a Polestar ID, as described in Section 3 below, and which includes but is not limited to connected services, apps and other software.
2. Use requirements
By ticking a box in the digital approval process, you confirm that you have read these Terms and conditions for services (”Terms”) and agree that a binding agreement has been reached between you and Polestar Performance AB, a Swedish legal entity with company registration number 556653-3096 and affiliates, Assar Gabrielssons Väg 9, 405 31 Göteborg, Sverige (hereinafter called ”Polestar” or ”we”, ”us” or ”our”) for the use of the Services we provide or make available from time to time.
You may use the Services only if you are: (a) of age, (b) capable of forming a contract, and (c) not barred from using the Services under applicable law.
Services that in any way are linked to a specific Polestar car are only allowed to be used by the Primary Driver (as defined in this Section 2.3 below) of said car, or if you have the Primary Driver´s clear and undisputed consent to use the Services. Further, you must be the Primary Driver or have the Primary Driver´s clear and undisputed consent to link a Service to a specific Polestar car or to any other Service. The Primary Driver of a Polestar car is the person who has the right to dispose of it, uses it in a permanent manner as a means of transport and/or is registered as the keeper of the car at a national authority (if any) (the ”Primary Driver”). The Primary Driver may not necessarily be the owner of said car. For example: When leasing a Polestar car the lessee is the Primary Driver of said car whereas the leasing company is the owner but not the Primary Driver. We may at any time investigate whether you are the Primary Driver or have the Primary Driver´s clear and undisputed consent as described above.
Any links made between a Polestar car and a Service or between different Services can at any time be deactivated as described in the Documentation (as defined in Section 5 below). You are obligated to deactivate such links if you no longer are the Primary Driver of the car or have the consents required in Section 2.3 above.
The Services may vary depending on the Polestar car model and model year, the country you have your place of residence in, where the Polestar car is registered, where it was sold and where it is used. If the Polestar car is not equipped with the necessary technical features or if you do not fulfil the requirements set out in these Terms and the Specific Terms (as defined in Section 4 below) for the particular Service, we are not obliged to provide you with the Service(s).
The Services may also vary depending on your own access to a certain device(s) (e.g. mobile devices or computers with specific software and operating systems). If your device(s) is not equipped with the necessary technical features or does not fulfil the requirements set out in these Terms and any Specific Terms (as defined in Section 4 below) for the particular Service, we are not obliged to provide you with the Service(s).
The use of the Services may require internet access or another telecommunication service. These Terms do not apply to the telecommunication services which may be necessary to use the Services, but are generally subject to a separate agreement with your telecommunication service provider. The telecommunication provider may charge fees for the use of its telecommunication services.
The use of certain Services may require that you pay a fee to get access to them, as further described in any applicable Specific Terms or the Documentation. The use of certain Services may also require a Service subscription.
Certain features provided in the Services must only be used when you have the Polestar car in sight or otherwise are assured that it is safe to use and without risk of damage to property or persons, as further described in any applicable Specific Terms or the Documentation. We do not warrant in any way that all features of a Service are suitable, safe or possible to use in all places, situations and circumstances.
3. Polestar ID
Use of the Services requires you to have registered a Polestar ID. A Polestar ID is a unique, personal and non-transferable account within which we provide you with access to Services within the Polestar ecosystem. This includes both Polestar Services and Third Party services. The Polestar ID and related functionality is a Polestar Service and as such governed by these Terms. Use of Polestar ID is free of charge.
To gain access to certain Services, you may need to link your Polestar ID to one or more Polestar cars. As stated in Section 2.3 above, permission may be required to make such a link.
You can find more information about how the Polestar ID works and how to use it in the Documentation.
By registering a Polestar ID, you confirm that the data provided to us by you is and remains accurate and that the Polestar ID is created for use in accordance with these Terms. You also confirm that we can rely on the fact that we will be able, when so required, linked to the Polestar ID services, to contact you on the email address you specified when you registered your Polestar ID. we will not use this email address for marketing unless we have asked for your express permission to do so.
4. Specific terms and conditions for Polestar Services and third party services
For certain Services separate terms and/or separate service descriptions may be applicable, either from us or from a Third Party (”Specific Terms”). Polestar Specific Terms must always refer back to these Terms.
In case these Terms and any Polestar Specific Terms should conflict, the latter shall prevail. If a Service is governed by Specific Terms, nothing contained in these Terms shall be construed to grant you the right to use such a Service, but the Specific Terms must also be accepted before such right is granted.
In respect of the Third Party Services, our primary role is to make available such Services to you. You acknowledge that the Third Party Service may be subject to Specific Terms to be agreed between you and the Third Party. As a condition for using the Third Party Service, you may be required to pay fees and/or accept the Third Party´s Specific Terms. We do not assume any liability in relation to the availability or functionality of such Third Party Services, or the processing of personal data within such Third Party Services. You also acknowledge that any processing of your personal data by the Third Party may be subject to the Third Party´s Specific Terms.
More information, including conditions and regulations, about particular Services can be found at various places throughout the Polestar eco-system, e.g. in the Manual, at www.polestar.com/au/manual, at polestar.com, in Polestar mobile apps, in your Polestar car and/or at your local Polestar Support (the ”Documentation”). Please note that the Documentation may contain legal terms and conditions as well as restrictions on how you are entitled to use any particular Service. Such terms and conditions as well as restrictions are part of the contract between you and Polestar.
If the Documentation and these Terms or any Specific Terms should conflict, the latter shall prevail. Nothing contained in the Documentation shall be construed to grant you the right to use a specific Service.
6. Changes in the terms, specific terms or services
We may, from time to time, change these Terms or Polestar Specific Terms. Changes will be notified to you by e-mail or another form of notification the next time you log in to a Polestar Service and will be published at https://legal.polestar.com/au/terms-and-conditions/. You may be required to accept such changed Terms and/or Polestar Specific Terms before continuing to use the Polestar Service.
We have the intention to offer you useful and up-to-date Services and may add or remove Services and functionalities or features in Services over time. You agree that we at any time may discontinue, in whole or in part, providing or giving access to particular Services, as well as generally changing the Services or the access thereto. Should a Service which you use be discontinued or materially changed you will be informed by email or another form of notification, the next time you log in to said Service, and it will be published at https://legal.polestar.com/au/terms-and-conditions/.
You are always entitled to stop using the Services and terminate these Terms and Polestar Specific Terms in accordance with what is specified in Section 17 below if you do not consent to changes to these Terms, Polestar Specific Terms and/or the Services as such.
7. Change of ownership/Primary Driver of a Polestar car
In case of a change of ownership and/or a change of the Primary Driver (if not the owner) of a Polestar car you must promptly deactivate all Services related to said Polestar car by using the ”reset to factory settings”. Depending on the Polestar car model and model year you may need to take the car to a local Polestar Support to make such a reset. Furthermore, you must promptly deactivate the link between your Polestar ID and the transferred Polestar as well as all Services and any data related thereto. More information on how to deactivate the Services can be found in the Documentation. You can also ask your local Polestar Support.
Should we become aware of any change of ownership and/or a change of the Primary Driver (if not the owner) of a Polestar car with one or more Polestar IDs linked to it, we may immediately block or deactivate such links unless you can show that you are the Primary Driver or have the Primary Driver's clear and undisputed consent to continue using your Polestar ID in relation to the Polestar car. With the exception of what may be required by applicable law, a Polestar car owner or Primary Driver will not have the right to access information about previous owners, Primary Drivers, or Polestar IDs previously linked to the Polestar car.
8. Use restrictions
You may not use the Services contrary to what is stipulated in these Terms, any Specific Terms and/or the Documentation.
You may further not use the Services in a way that would be in conflict with applicable laws or regulations, such as laws on intellectual property rights or traffic regulations. Usage threatening the security of any Services as well as usage that may damage or interfere with our or a Third Party´s technical infrastructure or other customer´s use of the Polestar Services is also prohibited. Furthermore, you must not damage, disable, or in any other way impair the Services or in relation to the Services introduce viruses, ”worms”, malware, spyware, ”trojan horses” or other malicious code or programs that may damage the operation of the Services.
Should you let other persons use the Services, you acknowledge and agree that such use is entirely upon your responsibility. This means that any breach by such user of these Terms, any applicable Specific Terms and/or the Documentation will be considered a breach made by you.
The use and/or creation of an account required for the Services under a false identity, or otherwise by means of incorrect information, are prohibited and may also be a criminal offence.
Certain Services may require a password, in which case you must choose a password that is difficult for others to reveal. We may establish requirements in respect of what is considered a sufficiently secure password. You are solely responsible for keeping your password secret and may not reveal it to Third Parties. If you suspect that any Third Party has gained unauthorised access to your password, you shall immediately change the password. If you suspect that any Third Party has gained unauthorised access to any Polestar Services through your Polestar ID, please immediately contact our customer service.
9. User licence and intellectual property rights
All intellectual property rights in and to the contents of Polestar Services (including but not limited to any software) are our or our affiliates´ and/or licensors´ exclusive property. Unless these Terms and/or any Specific Terms otherwise allow, you are not granted any rights in or to such intellectual property rights.
We provide you with a licence or personal use of the content and the software linked to the Polestar Services. This licence, which may include intellectual property rights, is non-exclusive and non-transferable. The licence may only be used for the purposes and in accordance with the usage restrictions specified in these Terms or in the applicable Specific Terms.
Unless allowed by law, you may not decompile, reverse engineer, attempt to derive the source code of, modify or create derivative works of the software associated with the Services and its content. Any breach of this restriction or other failure to comply with any term(s) of this licence may result in cessation of the provision of the Services, which means termination of these Terms or Specific Terms according to Section 17 below.
Unless otherwise indicated, marks, corporate logos, domain names and emblems are subject to our trademark rights or our licensors´ and, as the case might be, Third Parties´ trademark rights.
This licence expires when these Terms or Specific Terms are terminated by you or us according to Section 17 below.
10. User content
Polestar does not claim any ownership rights in any content that you make available through the Services and nothing in these Terms restricts any rights that you have to use such content. However, by making content available through the Services, you grant to us and each of our affiliates a non-exclusive, transferable, sub-licenseable, worldwide, royalty-free licence to use, copy, modify, and distribute such content in connection with operating and providing the Services to you and to other customers. You are solely responsible for all content that you provide through the Services and shall ensure that you have all rights that are necessary to grant the licence rights described in this Section 10.
11. Links to third party websites or resources
The Services may contain links to Third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or Services on or available from those websites or resources or links displayed on such sites. The inclusion of any link does not imply endorsement by us of the site. Use of any such linked website is at your own risk. You acknowledge sole responsibility for, and assume all risk arising from, your use of any Third-party websites or resources.
12. Disclaimer of warranty
Except as otherwise set out in these Terms, neither we, nor any of our affiliates will have any liability to you or to any Third Party that arises out of or relates to provision of the Services or any dispute, controversy or claim that arises out of or relates to your actions or inactions, or the provision of the Services.
The Services and content are provided in existing condition, with no form of guarantee. Without limiting the foregoing, we and our affiliates expressly disclaim all warranties concerning saleability, appropriateness for a specific purpose, freedom from interference or freedom from intrusion, or warranties arising in connection with sale or usage for commercial purposes. Nor do we or our affiliates guarantee that the Services or content will meet your requirements or be available on an uninterrupted, secure or fault-free basis. Neither we nor any of our affiliates make any warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any of the Services or content.
13. Limitation of liability
Neither we nor our affiliates will be liable for any incidental, special, exemplary, statutory, punitive or consequential damages, including lost profits, loss of data or goodwill, Service interruption, computer damage or system failure or the cost of substitute Services arising out of or in connection with these Terms or from the use of or inability to use the Services or content, whether based on warranty, contract, tort (including negligence), product liability or any other legal basis, and whether or not we or our affiliates or such other party has been informed of the possibility of such damage or was negligent, and even if a limited remedy set forth herein is found to have failed of its essential purpose. Some jurisdictions do not allow the exclusion or limitation of liability for certain damages, so the above limitation may not fully apply to you.
We will not be liable for any loss exceeding the amount that you have paid to us for the use of the Services in the 12 months preceding the event on which a claim is based.
The above applies also to any decision made or action taken by you in reliance on the Services. We further disclaim any responsibility to protect your devices and systems from viruses, ”worms”, malware, spyware, ”trojan horses” and other malicious code or programs.
14. Additional terms for app store apps
If you accessed or downloaded any Polestar Services via an app (”Polestar App”) from an app store or distribution platform (like the Apple Store, Google Play or the Amazon Appstore) (each, an ”App Provider”), then you acknowledge and agree the following.
You agree only to use this Polestar app in accordance with what is permitted in any user terms provided by the App provider. Moreover, these Terms have been agreed between you and us, and not with the App provider, and likewise between us and the App provider, we are only liable for the Polestar App. Therefore, the App provider has no liability to provide any maintenance or support services as regards the Polestar App.
If the Polestar App does not fulfil any applicable warranty, you can notify the App provider and receive back the purchase price for the Polestar App. To the maximum extent permitted by applicable law, the app provider has no other warranty liability as regards the Polestar App.
15. General data processing
16. Data processing in connection with Polestar ID
The data controller for all personal data collected and processed in relation to Polestar ID is Polestar, 405 31 Gothenburg (”Data Controller”).
The data processed in relation to the Polestar ID consists of your name, email, encrypted password, your acceptance of these Terms, and any other data that you may share through the use of the Polestar ID or otherwise collected through the use of the Polestar ID.
The purpose of processing is to administer your Polestar ID account. Data is processed in connection with Polestar ID so as to be able to provide you with the Services agreed in these Terms and any Specific Terms. Hence, in order for us to provide you with the Services, the processing of your data is necessary.
The Data Controller will never process your data for longer than necessary for the relevant purpose, but your data will be saved for as long as you are using your Polestar ID. When you have closed your Polestar account, your personal data linked to your Polestar ID will be deleted within 30 days, unless Polestar has to save your data for a longer period in accordance with applicable law.
17. Term and termination
These Terms will continue to apply until terminated by either you or us in accordance with the following.
You may at any time discontinue the use of the Services, in which case these Terms will no longer be applicable and you will no longer have any obligations in accordance with these Terms or any relevant Specific Terms.
Should you discontinue the use of a specific Service, these Terms and any Specific Terms for each of the Services you still use remain in force.
We reserve the right to, permanently or temporarily, discontinue the provision of the Services and thereby, permanently or temporarily, terminate these Terms and/or any Specific Terms in the event of (i) your actual or reasonably suspected breach of these Terms and/or any Specific Terms, (ii) our decision to cease offering the Services in their current format, worldwide or in a particular geographical area or (iii) any similar business reason which we in our sole discretion deem to be a reasonable cause to discontinue the provision of the Services. If Polestar intends to stop providing any Service, you will be notified of this within a reasonable time before the Service is terminated.
With the termination of these Terms, all applicable Polestar Specific Terms are terminated simultaneously and you may no longer use the Polestar Services.
Should these Terms be terminated, such termination will not affect any provisions herein or in any Specific Terms which by their nature are intended to continue to apply following such termination.
Neither party may assign its rights or obligations under these Terms or any Specific Terms to any Third Party without the other party's written consent. We may, however, assign its rights and obligations under these Terms and/or any Polestar Specific Terms to any company within Polestar.
19. Applicable law and venue
Unless otherwise required by mandatory law, these Terms, any Polestar Specific Terms, and any use of the Polestar Services shall be construed in accordance with and be governed by the laws of Australia without regard to its conflict of law principles. The exclusive venue, for all claims arising from these Terms and/or any Polestar Specific Terms, shall, unless otherwise required by mandatory law, be the courts in the area in which we have our registered office.