myVW Terms of Service
myVW Terms of Service
Effective as of October 26, 2023
Highlights
Below for your convenience is a short summary of the Terms of Service set forth in this agreement. These highlights are not a substitute for the complete Terms of Service below, which constitute a legally binding agreement. Please review the full Terms of Service for details regarding your use of the Service (defined in Terms below).
1. You will only use the Service, and Software, in compliance with these Terms of Service (and will ensure the same for additional users).
2. You will use your Vehicle in a safe and legal manner when using the Service.
3. We may suspend, modify, or terminate the Service at any time.
4. You may cancel the Service at any time.
5. You are responsible for maintaining your Vehicle in good working order so that the Service can be provided.
6. You may not use the Service for illegal, fraudulent, or abusive purpose.
7. Information collected to provide the Service will be handled in accordance with our Privacy Policy.
8. The Terms of Service for Volkswagen Car-Net and Volkswagen Financial Services (defined below) are related but separate, and you are responsible for compliance with either or both when using the respective offerings.
9. The Service is provided “as is” without warranties of any kind and can be limited or discontinued at any time.
10. We may update or modify at any time all Software, which may be used to provide the Service or adjust or enhance your Vehicle, and we may do this remotely without notifying you or seeking your consent.
11. These Terms of Service include an agreement to submit any dispute related to the Services or these Terms of Service to binding arbitration rather than proceeding in court. These Terms of Service also include a jury trial waiver and a class action waiver.
12. By accepting the Terms of Service during our sign-up process or accessing or using the Service, you are indicating by your conduct that you have read, understand, and agree to be bound by the Terms of Service set forth below.
13. We can modify these Terms of Service at any time and such modifications will become effective and accepted by you upon the earlier of our posting on the website, your continued use of the Service, or following notice communication (either direct or by posting to our web or mobile application(s)) of the modification(s) to you.
Terms of Service
These Terms of Service (“Terms”) govern your use of the myVW services, including account management (such as payments, add-on plan detail and dealer information); vehicle details (such as videos & guides, service scheduling, warranty information and personalized accessories) and offers, as well as managing your access to the Volkswagen Car-Net services (collectively, the “Service”) available with your Volkswagen vehicle (your “Vehicle”). These Terms also govern related licensing or associated use of the hardware and Software in your Vehicle (“Equipment”), including licensing and use of Software Updates. Volkswagen Car-Net and VW Credit Canada, Inc. (“Volkswagen Financial Services”), while accessible and manageable through myVW, are separate services, governed by separate Terms of Service available at here and here. In addition, future services (not provided with the Service) may be offered by one or more of the Volkswagen Companies and may be subject to separate additional terms and conditions.
The Service is provided to you, the Vehicle owner, lessee, or driver (“you” or “your”) by Volkswagen Group Canada Inc. (“VGCA”, “we”, “our” or “us”).
THESE TERMS OF SERVICE CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND US. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, DO NOT USE THE SERVICE.
PLEASE READ THESE TERMS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS DISCLAIMERS, INDEMNITIES LIMITATIONS OF LIABILITIES, AND ARBITRATION PROVISIONS.
When you accept these Terms of Service, you are representing that you are the age of majority in your province of residence, and legally able to accept these Terms. If you are under the age of majority in your province of residence, your parent or guardian must accept these Terms on your behalf.
Once you accept these Terms, you are responsible for your own compliance with these Terms and for compliance by occupants of your Vehicle and anyone using the Service or your account, whether or not authorized by you. In addition, your use of the Service is subject to the VGCA Privacy Policy. The current version of the Privacy Policy is available on VW.ca. The parent, subsidiaries, and affiliates of VGCA, including but not limited to Volkswagen Aktiengesellschaft (“Volkswagen AG”) and Volkswagen Group of America, Inc. (together with VGCA, the “Volkswagen Companies”) are third-party beneficiaries under these Terms of Service and the protections set forth in these Term of Service, including without limitation, the disclaimers of warranties and limitations of liability, shall extend to them to the maximum extent permitted by applicable law.
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1. Changes to Terms of Service
We can change the Services at any time. We may also modify or update these Terms of Service from time to time and in the event of a change will notify you of such change by posting amended terms on the myVW website or otherwise communicating notice of such change(s) to the email address you list with your myVW account. It is your responsibility to review these Terms of Service periodically. Continued use of the Service will constitute acceptance of any change but you may cancel your Services through your myVW account and terminate these Terms of Service, without cost, penalty or cancellation indeminity, by providing notice of termination to us within 30 days after we have given notice of a material change to these Terms of Service. Your continued use of the Service after such 30 days indicates your acceptance to such material changes.
2. Registering with Us
In order to use the full features of the Service you will be required to create a myVW account at https://carnet.vw.ca/login. When you create an account, you must (i) provide accurate and complete information; (ii) keep your account and password secure and not disclose them to anyone; and (iii) notify us immediately of any breach of security or unauthorized use of your Service or account using the contact information in Section 16 of these Terms of Service. You are solely responsible for all activity in your account.
As a part of setting up your myVW account, you acknowledge and agree that you will need to accept or sign a contract that incorporates these Terms of Service on your own behalf, or that you authorize your independent VGCA-authorized dealership (“Volkswagen Dealer”), your Volkswagen Customer Care agent, or another individual who will be the primary driver of the Vehicle, to act on your behalf.
When you register with us, you agree for your contact information to be used for: (i) recall and open campaign notification; (ii) survey invitations; (iii) marketing communications, to the extent we are legally permitted to send you such communications; or (iv) to the extent we are legally permitted to send them to you, service reminders and other dealer service marketing, as well as any other uses consistent with the Privacy Policy or permitted by applicable laws. In addition, you agree for us to allow Volkswagen Customer Care and Volkswagen Dealers to access your information in order to understand your purchase, support, and service history with the Volkswagen brand; Customer Care or a Volkswagen Dealer may contact you based on this information; you may determine which Volkswagen Dealer can view your information by updating your Preferred Dealer in your myVW account. At any time, you may opt out of marketing communications or phone contact by (i) updating your communication preferences in your myVW account; or (ii) contacting Volkswagen Customer Care.
In addition, as the owner of a Volkswagen vehicle, you can activate connected vehicle services from Volkswagen Car-Net® within your myVW account to utilize available connected vehicle services. Acceptance of the separate Car-Net Terms of Service is required in order to use the connected vehicle services. In addition, use of connected vehicle services requires completion of the Car-Net activation and verification process.
3. Selecting Your Preferred Dealer
After you have created a myVW account, you can select your preferred dealer. This will: (i) enable you to schedule service with that dealer from your myVW account; (ii) populate offers from that dealer in your myVW account; (iii) inform which dealer is listed on email communications from VGCA; (iv) govern which dealer has access to your vehicle information; (v) and, provided the required consent has been obtained, determine which dealer will send you service communications, such as service reminders, coordinated by VGCA.
4. Use of Your Vehicle Identification Number
When you provide your Vehicle Identification Number (VIN), you agree that VGCA can use this to provide you with information in your myVW account related to your vehicle; this information includes but is not limited to: (i) service history; (ii) warranty coverage status; (iii) carefree maintenance status; (iv) roadside assistance coverage status; (iv) VW Care maintenance status; (v) over-the-air update reports; and (vi) multi-point inspection reports.
5. Accessing Your Volkswagen Financial Services Account Through myVW
After you have created a myVW account, you can use the myVW web portal to manage your Volkswagen Financial Services account, such as accessing your balance, paying your bills, and setting up automatic payments. While viewable from your myVW portal, the information in your Volkswagen Financial Services account will not be shared with VGCA or its affiliates. The collection, use and disclosure of data, including personal information, by Volkswagen Financial Services will be governed by the Volkswagen Financial Services Privacy Statement and Volkswagen Financial Services Terms of Service found at Terms and Conditions (vwcredit.io)
6. Termination, Suspension, Reactivation, Change and Transfer of Service
1. Our Rights to Suspend or Terminate the Service
We can decide to either suspend or terminate the Service without warning, or issue a warning, at any time for any reason, including for network or system maintenance, improvement, congestion, or failure or if we suspect your Service (in whole or in part) is being used for any unauthorized or inappropriate purpose, as a result of your breach of these Terms of Service or for reasons unrelated to you or your account with us. If suspension or termination of the Service occurs for any reason, you acknowledge and agree that you may not be able to access the Service, including the emergency services. In addition, if we are advised by your financing company or any of the Volkswagen Companies that you no longer own or lease your vehicle, we may terminate your Service.
Availability of the Service is also subject to certain technologies or services (provided outside our control) remaining commercially available for the Service period and such availability is not guaranteed. Where required by law, we will notify you in writing of a termination of the Service at least 60 days before the date of termination.
2. Your Right to Cancel the Service
You may cancel the Service at any time by entering the “Account” menu, clicking “Profile,” and clicking “Close Account.” Note that closing your myVW account will deactivate your connected vehicle services from VW Car-Net. Please refer to your myVW account for more information.
3. Reactivation of Service
If you voluntarily cancel your myVW account, you can create another myVW account at any time. However, if your myVW account was terminated or suspended by us you do not have any right to have your Service reactivated, even if you cure any of the issues that resulted in the termination or suspension of your Service. It is solely our decision as to whether to allow you to have Service again.
4. Transfer of Service, Sale of Vehicle, Termination of Lease
If you sell your Vehicle or terminate your lease, you should delete the vehicle from your myVW account.
We may communicate with you about the Service by providing you with messages through the Equipment in your Vehicle. If you fail to notify us of a sale or transfer of your Vehicle or termination of your lease, we may continue to send messages to the Equipment in your Vehicle. We are not responsible for any privacy related damages you may suffer as a result of such a failure to notify us of a sale or transfer of your Vehicle.
7. Authority to Use, Terminate, Change or Transfer Your Service
We will only accept requests from you (or from someone we believe is you, or someone with your authorization, such as your authorized agent) to use, activate, cancel, change, reactivate, or transfer the Service. You agree that we can assume that anyone who provides your registration information is authorized to act on your behalf. You are responsible for your own compliance with these Terms of Service and for the compliance with these Terms of Service by any other person who uses your registration information. We shall have no responsibility or liability for anything that may arise from our providing any services to, or acting upon instructions from any such individual, even if such individual is not, in fact, authorized by you to use the Service or your account. You should notify us immediately of any breach of security or unauthorized use of your Service or account using the contact information in Section 16 of these Terms of Service.
8. Your Responsibilities
1. Your Responsibility for the Proper Operation of Your Vehicle and Proper Use of the Service
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE USE OF OR ANY RELIANCE UPON ANY INFORMATION OR CONTENT AVAILABLE THROUGH THE SERVICE IS SOLELY AND COMPLETELY AT YOUR OWN RISK AND RESPONSIBILITY. IT IS YOUR SOLE RESPONSIBILITY TO ENSURE THAT YOU (AND/OR ANY OTHER OCCUPANT OF YOUR VEHICLE) FOLLOW INSTRUCTIONS FOR USE OF THE SERVICE AND EXERCISE GOOD JUDGMENT AND OBEY TRAFFIC AND ALL OTHER APPLICABLE LAWS AND REGULATIONS, WHEN OPERATING YOUR VEHICLE; USING THE EQUIPMENT AND SERVICE; AND/OR EVALUATING WHETHER THE USE OF ANY OF THE SERVICE (OR THE ROUTING AND DIRECTION DATA YOU RECEIVE) IS SAFE AND LEGAL UNDER THE CIRCUMSTANCES.
2. Your Responsibility for Insuring Your Vehicle
The Service does not constitute insurance and you should not rely on it to limit the potential for loss, theft or damage to your Vehicle or property. You are solely responsible for obtaining and maintaining any and all insurance for your Vehicle, your passengers, and your property. No insurance company or insurer will be entitled to any right of subrogation against us or our Service Partners.
3. Your Responsibility for Maintaining Your Vehicle
In order for us to provide the Service or Software, the Equipment in your Vehicle must be in good working order and your Vehicle must have a working electrical system and adequate battery power. The Service or Software may not work if you try to modify the Equipment or add any equipment or (other) software in or to your Vehicle that is not expressly authorized by us or is not compatible with the Equipment or Service. You may need to adjust your use of other Vehicle features, such as adjusting the volume of your radio to hear the audio portions of the Service. You are solely responsible for the proper maintenance of your Vehicle and its systems (including the Equipment) and for keeping them in good working order and in compliance with these Terms of Service and all applicable laws.
4. No Illegal, Fraudulent or Abusive Use of the Service
You may not use the Equipment, the Service, the myVW portal on vw.ca or the myVW mobile application, in any way that is illegal, fraudulent, or abusive, including to harass, threaten, abuse, defame, or slander, any individual or entity. You may use our emergency services only for actual emergencies and legitimate vehicle assistance needs. You may not use the Service in a manner that interferes with any other customer’s use of our Service or our provision of our Service to our other customers. You agree you will not abuse or do anything to damage our or any of our Service Partners’ respective business, operations, services, reputation, employees, equipment, property, or facilities. You further agree that you will not harass, threaten, or use vulgar and/or inappropriate language towards any customer service representatives.
5. No Commercial Use or Resale of the Service
The Service, including the messages, data, information, content, or other material provided as part of the Service, are provided only for your non-commercial use, and not for re-sale. Certain information you receive through the Service belongs to us or our Service Partners (or other third parties) and may be subject to one or more copyrights, trademarks, service marks, patents, or other legal protections. You may not (and may not permit or cause any other party to) sell or resell or otherwise use the Service or any information provided through the Service for commercial purposes, nor may you reproduce, copy, modify, attempt to reverse engineer, make derivative works from, or otherwise display or distribute information provided through the Service.
6. No Rights to Telephone Numbers or Other Addresses
You have no property right in any number address or other communication identifier that may be assigned to you or to the Equipment in connection with the Service. Any such number, address or identifier may be changed from time to time.
7. Your Responsibility for Others Who Use Your Vehicle
You are solely responsible for those who use the Service in your Vehicle or use of your authentication information, even if you later claim the use was not authorized, and you will be responsible and promptly pay for any charges arising from such use, and any damages to or expenses incurred by us or any of our Service Partners as a result of such use. Neither we nor any Service Partner has any obligation to inquire about the authority of anyone using your Vehicle or other information that can be used to identify your account to request, modify, or use the Service for your Vehicle. You are responsible for the security of any passwords you use to access the Service. We will make any changes to your account or charge you for any amounts authorized by a person who provides your authentication information.
8. Contact Information
It is your sole responsibility to ensure that we have the most up-to-date and accurate contact information for you at all times. (i.e., email address, mailing address, mobile phone number). Any notice we send you will be sent to your last known residence or electronic mail address as shown on our records. Any written notice from us will be considered given when we send it by email to the email address you have provided to us that is then in our records, or two days after we mail it to you at the most current billing address we have on file for you. Any oral notices will be considered given when we call you or when you call us toll-free at 1 (800) 822-8987 to speak with a live customer service representative.
9. Use of Certain Service Features
Please see the separate Volkswagen Car-Net Terms of Service to understand specific connected vehicles services and features, such as locating a lost or stolen Vehicle, emergency assistance and service and content providers.
10. How the Service Works, Our Service Partners, Restrictions and Limitations
1. Our Service Partners
We work with many different companies, individuals, and government entities to provide you with the Service. These parties are collectively referred to in these Terms of Service as our “Service Partners.” In some cases, one or more of the Volkswagen Companies may be a Service Partner. In the event any of our Service Partners impose additional terms and conditions on the services they provide, by accessing such services you agree to comply with any additional terms and conditions imposed by them, which will be available on the myVW website.
2. Software
We use software in connection with the Service or operation of your Vehicle. All such software and its available applications, graphics, interfaces, functionality, or features, including Software Updates (“Software”), are provided to you by VGCA (or one of its affiliated entities or Service Partners) for use with your Vehicle. The Software includes the Software or firmware originally installed by or on behalf of VGCA on your Vehicle as well as any Software Updates (defined below) and may include manuals, instructions, or other documentation as provided by VGCA from time to time (“Documentation”). Unless otherwise stated, all references herein to the Software shall include any such Documentation provided by VGCA (or one of its affiliated entities or Service Partners) in any form or medium from time to time and which describe the functionality, components, features, or requirements of the Software, including any aspect of the installation, configuration, integration, operation, use, support, or maintenance thereof. The rights and obligations granted to Software are only granted on a per Vehicle basis and intended for use only by the owner, lessee, renter, or other person driving the Vehicle.
Subject to your continued compliance, VGCA grants to you a limited, revocable, non-exclusive, non-transferable, and non-sublicensable personal license to download, install, and otherwise access and use for personal and non-commercial purposes the Software as installed, directed, permitted, or updated by VGCA in accordance with any Documentation. You also acknowledge and agree that VGCA has the right to control and direct the means, manner, and method by which the Software is provided.
You may not, and you may not permit a third party to, access or use the Software except as expressly permitted by VGCA herein or by the Documentation. Accordingly, you may not modify, translate, decompile, create derivative work(s) of, copy, distribute, disassemble, broadcast, transmit, publish, remove, or alter any proprietary notices or labels, license, sublicense, transfer, sell, mirror, frame, exploit, lease, private label, grant a security interest in, or otherwise use in any manner not expressly permitted herein the Software. Moreover, you may not (a) attempt to gain unauthorized access to any portion or feature of the Software, any other systems or networks connected to the Software, to any VGCA (or any affiliated entity, or a Service Partner) server, or to any of the Services offered on or through the Software, by any illegitimate or prohibited means; (b) probe, scan, or test the vulnerability of the Software or any network connected to the Software, or breach the security or authentication measures on the Software or any network connected to the Software; (c) use any device, software, or routine to interfere with the proper working of the Software or any transaction conducted on the Software, or with any other person's use of the Software; or (d) use the Software in an unlawful manner.
VGCA provides only a limited license to access and use the Software. We (or our affiliates or Service Partners) own or have rights to all such Software, and you do not acquire any other rights in such Software. The Software is owned, controlled, or licensed by VGCA, or an affiliated entity(ies) and their successors and assigns and is protected by law including, but not limited to, copyright, trade secret, patent, and trademark law, as well as other applicable provincial, federal, and international laws and regulations. Except as expressly provided herein, VGCA does not grant any other express or implied intellectual property right to you or any other person. Accordingly, unauthorized use of the Software may violate intellectual property or other proprietary rights laws as well as other laws, regulations, and statutes. VOLKSWAGEN and all other names, designs, logos, and icons identifying VGCA, and its programs, applications, products, and services are proprietary trademarks of VGCA or one of its affiliated entities, and any use of such marks without the express written permission of VGCA is strictly prohibited.
Actual or attempted unauthorized use of the Software may result in criminal and/or civil prosecution. VGCA is entitled to take appropriate measures to defend against unauthorized access and/or threats from cyber-attacks or other threats on the Software. Depending on the severity of the threat and/or the significance of the legal assets under threat, measures may be necessary that temporarily lead to restrictions in accessibility and/or functionality of the Software. VGCA will comply with lawful court orders or subpoenas from courts or tribunals having competent jurisdiction and involving requests for information relating to its Software.
Software Updates
VGCA or its affiliates or dealers may provide you with updates that contain modifications generally available to all users of the Software, including but not limited to improvements or other changes that VGCA otherwise deems necessary (“Software Updates”). Software Updates may be available over-the-air (“OTA”) or via download and may occur automatically or require you to initiate the required download or installation. VGCA may provide notice of Software Updates to you through your Vehicle’s infotainment system, an associated mobile or web application, email or text messaging, or by other VGCA-approved means of communication, in order to ensure that the requisite consent is obtained from you before the Software Update is installed.
VGCA strongly suggests that you install or permit installation of the Software Updates as soon as you receive notice of them. The restoration of (complete) accessibility and functionality of the Software may require you to install a Software Update or to provide other cooperation. You understand and agree that if you do not install the updates, the software for the Vehicle may not be updated or improved for your use. Further, there may be certain instances in which installation of a Software Update may not work. In these instances, or where you do not wish to or otherwise cannot install the Software Update, you should contact your local VGCA dealership to install the Software Update. Typically, your local dealership can install any available Software Update; however, depending on your Vehicle’s warranty status, installation of some Updates may incur charges.
You also acknowledge and agree that all Software Updates (requiring your initiation) should only occur while your Vehicle remains stationary. You are solely responsible for your exercising good judgment, acting in a safe and responsible manner, and obeying all laws and regulations at all times with respect to use of the Software or any Software Update(s). You understand that failing to pay full attention in the operation of your Vehicle or in other activities may cause an accident, damage, injury, death, or other serious consequences. Always consult owner’s literature for maintenance guidelines and the Vehicle’s scheduled maintenance instructions. The Software does not constitute insurance and you should not rely on it to limit the potential for loss, theft, or damage to your Vehicle or property.
In connection with each Software Update, please also note: (i) your Vehicle’s settings may be reset to the applicable default settings during the Software Update process, requiring you to reconfigure these settings after the installation is finished; (ii) certain Software Updates may change the functionality, operation, design of your Vehicle’s multimedia, navigation, or other systems from what is set forth in the Owner’s Manual; (iii) Software Updates may affect or erase data that you have previously stored on the Equipment in your Vehicle (such as specific route or destination information); (iv) unless we expressly notify you in writing, you will not be able to revert back to the prior version of your Vehicle’s Software once the Software Update is finished; and (v) you may not be able to stop a Software Update after it has started. We are not responsible for any lost or erased (or otherwise affected) data and you are solely responsible for the data that you may have downloaded, uploaded, transmitted, or otherwise stored from, to, on or through the Equipment or Service.
The availability and use of the Software may be subject to your Vehicle’s equipment compatibility, software compatibility, or telecommunication capabilities. Moreover, the availability and use of the Software may depend on your Vehicle being within the range of the wireless network of the wireless carrier that supports your Vehicle’s telecommunication (with rural or enclosed areas having a negative impact) and is subject to transmission limitation or interruption, including but not limited to technical obsolescence or sunsetting of certain equipment, devices, networks, or software inside of or external to the Vehicle that is required for data transmission or receipt.
3. Events Beyond Our Control
Various conditions beyond our control may prevent or delay us from providing Service to you or affect the quality of the Service. Some examples are atmospheric, geographic, or topographic conditions (such as tall buildings, hills, or tunnels), damage to or failure to maintain your Vehicle or the Equipment in good working order, government laws, rules or regulations, failure, congestion, or outages of utility or wireless networks (including interruption of cellular service), war, act of God, natural disaster, inclement weather, and labor strikes. In the event of any of the foregoing, we may, in our discretion, suspend or terminate the Service (in whole or in part) or terminate your Service Plan, without notice to you and without any liability. We are not responsible for delay or failure in providing Service due to conditions beyond our control and you are not entitled to credit or refund as a result of any such delay or failure.
In the event of any regulatory, governmental or other legally-compelled changes, or discontinuation or change of necessary telecommunications systems and services (e.g., if our Wireless Service Provider terminates or restricts wireless services of the type used by your Vehicle’s Equipment), you are solely responsible for replacing, as well as the cost of replacing, any Equipment that is necessitated as a result of such change or discontinuation, except that if such change occurs during your Vehicle’s base warranty period, while you will still be responsible for the cost of such replacement, we will be responsible for obtaining and providing you with the necessary replacement materials (if applicable).
4. Voice Recognition
Voice recognition Software, which may be able to recognize different voices, accents, speech patterns and words, may be used in connection with the Service. We do not represent or guarantee that such Software will recognize or work with your or others’ voices, accents, or speech patterns, or recognize some or all words, some or all of the time.
11. Collection and Use of Your Vehicle and Subscriber Data
Other than Data collected by Volkswagen Financial Services, as described in Section 5 above, you understand that information through the myVW services will be collected and used in accordance with the VGCA Privacy Policy.
12. Disclaimer of Warranties
THIS SECTION DOES NOT APPLY TO QUEBEC CONSUMERS.
NEITHER WE NOR OUR SERVICE PARTNERS WARRANT OR GUARANTEE THAT SERVICE WILL BE AVAILABLE AT ANY SPECIFIC TIME OR AT ALL TIMES OR TO ANY GEOGRAPHIC LOCATION, OR THAT THE SERVICE OR SOFTWARE WILL BE PROVIDED OR OPERATE WITHOUT INTERRUPTION, DELAY OR ERROR. NEITHER WE NOR ANY OF OUR SERVICE PARTNERS MAKE ANY WARRANTIES, EXPRESS OR IMPLIED ABOUT (1) THE EQUIPMENT OR ANY OTHER HARDWARE OR SOFTWARE USED WITH THE SERVICE, (2) THE SERVICE, (3) NONINFRINGEMENT, OR (4) ANY DATA OR INFORMATION OR OTHER SERVICES PROVIDED THROUGH THE SERVICE. THIS INCLUDES, WITHOUT LIMITATION, WARRANTIES OF SECURITY, TITLE, CONTENT, QUALITY, ACCURACY, TIMELINESS, COMPLETENESS, CORRECTNESS, RELIABILITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OR USE. ALL SUCH WARRANTIES ARE EXPRESSLY EXCLUDED BY THESE TERMS OF SERVICE. WE EXPRESSLY DISCLAIM ANY AND ALL EXPRESS AND IMPLIED WARRANTIES.
The only warranties applicable to the Equipment in your Vehicle are those extended as part of your purchase or lease of your Vehicle. Such warranty does not cover the Service or Software, in whole or in part.
13. Limitation of Liability
BY ENTERING INTO THESE TERMS OF SERVICE OR BY USING THE EQUIPMENT OR SERVICE, YOU ARE WAIVING CERTAIN RIGHTS, AND YOU ARE PROVIDING YOUR EXPRESS CONSENT TO VARIOUS ACTIONS TO BE TAKEN BY US, VOLKSWAGEN COMPANIES AND OUR SERVICE PARTNERS (AS DESCRIBED HEREIN).
Neither we, nor any Volkswagen Company nor our Service Partners assume any risk or responsibility for your use of the Service, or, except to the extent of damages resulting as consequences of our own acts or those of our representatives, any of the information or other content provided as part of the Service. You acknowledge and agree that, except to the extent of damages resulting as consequences of our own acts or those of our representatives, neither we, any Volkswagen Company, nor any of our Service Partners are liable for dropped calls or interrupted service, or for problems caused by or contributed to by you, by any third-party, by buildings, hills, tunnels, network congestion, atmospheric conditions, acts of God or natural disaster or by any other conditions or circumstances out of our control (as further described above in Section 9(e) of these Terms of Service).
In addition, except to the extent of damages resulting as consequences of our own acts or those of our representatives, neither we, any Volkswagen Company nor our Service Partners are liable (1) for our inability to contact any Service Partner or other party in any particular situation (including any emergency personnel), (2) for any act or omission of any other company furnishing a part of our Service or any equipment provided for such Service, (3) for errors or omissions of any vendors, dealers or manufacturers participating in offers made through us, or (4) for any damages that result from or arise out of the use, installation, repair or maintenance by you (or by any person you authorize) of the Equipment, Software, or Service, or any product or service provided by or manufactured by third parties.
THE FOLLOWING PARAGRAPHS DO NOT APPLY TO QUEBEC CONSUMERS.
IF WE, ANY VOLKSWAGEN COMPANY AND/OR ANY OF OUR SERVICE PARTNERS ARE FOUND TO BE LIABLE TO YOU FOR ANY REASON, YOU AGREE THAT THE MAXIMUM, AGGREGATE LIABILITY OF US, ANY VOLKSWAGEN COMPANY AND OUR SERVICE PARTNERS TO YOU, AND YOUR EXCLUSIVE REMEDY UNDER ANY THEORY OR FOR ANY CAUSE WHATSOEVER (INCLUDING BUT NOT LIMITED TO ANY FAILURE OR DISRUPTION OF SERVICE OR SOFTWARE PROVIDED UNDER THESE TERMS OF SERVICE, FRAUD, MISREPRESENTATION, BREACH OF CONTRACT, PERSONAL INJURY, OR PRODUCTS LIABILITY), SHALL BE LIMITED TO AN AMOUNT EQUAL TO THE PORTION OF THE SERVICE RATES OR OTHER FEES CHARGED TO YOU FOR THE SERVICE OR SOFTWARE THAT ARE THE SUBJECT OF THE CLAIM FOR THE PERIOD OF SERVICE DURING WHICH ANY RESULTING DAMAGES OCCURRED. YOU ACKNOWLEDGE AND AGREE THAT NEITHER WE, NOR ANY VOLKSWAGEN COMPANY, NOR ANY SERVICE PARTNER WOULD HAVE AGREED TO PROVIDE THE SERVICE, SOFTWARE, OR EQUIPMENT TO YOU WITHOUT YOUR AGREEMENT TO THIS LIMITATION. YOU FURTHER ACKNOWLEDGE AND AGREE THAT THE DAMAGES CAP SET FORTH IN THIS PARAGRAPH SHALL BE THE SOLE AND EXCLUSIVE LIABILITY OF US, ANY VOLKSWAGEN COMPANY, AND OUR SERVICE PARTNERS TO YOU.
IN NO EVENT SHALL WE, ANY VOLKSWAGEN COMPANY OR OUR SERVICE PARTNERS BE LIABLE TO YOU OR ANY OTHER PARTY FOR, AND YOU CANNOT RECOVER ANY, (A) PUNITIVE, EXEMPLARY, TREBLE, CONSEQUENTIAL, INDIRECT, OR SPECIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUE (REGARDLESS OF WHETHER WE, ANY VOLKSWAGEN COMPANY OR OUR SERVICE PARTNERS HAVE BEEN NOTIFIED THAT SUCH LOSS MAY OCCUR); OR (B) LEGAL FEES. YOU AGREE NOT TO MAKE, AND TO WAIVE TO THE FULLEST EXTENT ALLOWED BY LAW, ANY CLAIM FOR DAMAGES OTHER THAN DIRECT, COMPENSATORY DAMAGES AS LIMITED ABOVE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THOSE PARTICULAR LIMITATIONS MAY NOT APPLY TO YOU.
You understand and agree that the Volkswagen Companies and our other Service Partners, including without limitation the Wireless Service Providers, shall have no legal, equitable, or other liability of any kind to you in any event, regardless of the form of the action, whether for breach of contract, warranty, negligence, strict liability in tort or otherwise relating to or arising from the Service or Software and you waive any and all such claims or demands. If any Volkswagen Company or any of our other Service Partners is involved in any problem, you also agree to any limitations of liability that such entity imposes on its customers.
14. Indemnification; Release
You agree to indemnify and hold harmless us, each Volkswagen Company and each of our Service Partners, including Wireless Service Providers, and each of our or their respective affiliates, officers, directors, agents, partners and employees, from and against any and all liabilities, settlements, penalties, claims, causes of action, and demands (including any costs, expenses, or attorneys’ fees on account thereof) (collectively “Claims”) irrespective of the nature of the cause of such Claims, alleging loss, costs, expenses, damages or injuries (including without limitation Claims for libel, slander, or any property damage, personal injury or death), arising in any way, directly or indirectly, in connection with your (or any occupant of your Vehicle) violation of these Terms of Service or your (or any occupant of your Vehicle) alteration, use counter to instructions, misuse or failure to use the Service or Equipment.
You agree that the limitations of liability and indemnities in these Terms of Service will survive even after your Service Plan has ended and your Service has terminated. These limitations of liability apply not only to you, but to anyone using your Vehicle, the Equipment or the Service, to anyone making a claim on your behalf, and to any claims made by your family, employees, customers, or others arising out of or relating to any Service we or our Service Partners provide or the Equipment.
THE FOLLOWING PARAGRAPH DOES NOT APPLY TO QUEBEC CONSUMERS.
WITHOUT LIMITATION OF THE GENERALITY OF THE FOREGOING, YOU FURTHER AGREE TO RELEASE US, EACH VOLKSWAGEN COMPANY AND EACH SERVICE PARTNER FROM ALL CLAIMS, LIABILITIES AND LOSSES IN CONNECTION WITH THE SERVICE, SOFTWARE, AND/OR EQUIPMENT, INCLUDING, BUT NOT LIMITED TO CLAIMS FOR DATA COMPROMISE, PERSONAL INJURY OR PROPERTY DAMAGE ARISING FROM THE TOTAL OR PARTIAL FAILURE OF PERFORMANCE OF THE SERVICE, SOFTWARE, OR EQUIPMENT, EVEN IF CAUSED BY THE NEGLIGENCE OF US, ANY VOLKSWAGEN COMPANY OR ANY OTHER SERVICE PARTNER, OR THE MALFUNCTION OF THE EQUIPMENT OR SOFTWARE. YOU AGREE THAT THIS RELEASE EXTENDS TO ANY PARTY CLAIMING UNDER YOU AND THAT NO INSURANCE COMPANY WILL HAVE ANY RIGHT OF SUBROGATION.
15. Dispute Resolution
THIS SECTION DOES NOT APPLY TO QUEBEC CONSUMERS.
YOU AND WE AGREE THAT IN THE EVENT OF ANY DISPUTES BETWEEN US, WE WILL FIRST TRY TO RESOLVE IT BY TALKING WITH EACH OTHER. IF WE ARE UNSUCCESSFUL IN RESOLVING OUR DISPUTES IN THIS MANNER WITHIN A REASONABLE TIME PERIOD, YOU AND VGCA EACH AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY LAW:
(1) ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE, OR TO ANY EQUIPMENT, SOFTWARE, PRODUCT, OR SERVICE PROVIDED UNDER OR IN CONNECTION WITH THESE TERMS OF SERVICE, WILL BE SETTLED BY INDEPENDENT ARBITRATION INVOLVING A NEUTRAL ARBITRATOR AND ADMINISTERED BY THE THE ADR INSTITUTE OF CANADA. ARBITRATION IS NOT A COURT PROCEEDING. THE RULES OF ARBITRATION DIFFER FROM THE RULES OF COURT. THERE IS NO JUDGE OR JURY IN AN ARBITRATION PROCEEDING;
(2) EVEN IF APPLICABLE LAW PERMITS CLASS ACTIONS OR CLASS ARBITRATIONS, YOU EXPRESSLY WAIVE ANY RIGHT TO PURSUE ON A CLASS BASIS ANY SUCH CONTROVERSY OR CLAIM AGAINST VGCA, ANY VOLKSWAGEN COMPANY OR ANY OF OUR SERVICE PARTNERS, OR ANY OF OUR RESPECTIVE AFFILIATES, OFFICERS, DIRECTORS, AGENTS, PARTNERS, LICENSORS, EMPLOYEES OR PREDECESSORS IN INTEREST. IF MULTIPLE CLAIMS ARE JOINED IN ONE ACTION, SOME OF WHICH WOULD NOT BE SUBJECT TO ARBITRATION, THE LATTER CLAIMS MUST BE STAYED UNTIL ANY CLAIMS IN THAT ACTION THAT ARE SUBJECT TO ARBITRATION HAVE BEEN RESOLVED. IF CLAIMS ARE ASSERTED AGAINST MULTIPLE PARTIES, SOME OF WHOM ARE NOT REQUIRED TO ARBITRATE, THE CLAIMS SUBJECT TO ARBITRATION MUST BE SEVERED. HOWEVER, YOU RETAIN YOUR RIGHT TO FILE A COMPLAINT WITH ANY REGULATORY AGENCY OR COMMISSION;
(3) NO ARBITRATOR HAS AUTHORITY TO AWARD RELIEF IN EXCESS OF WHAT THESE TERMS OF SERVICE PROVIDE, OR TO ORDER CONSOLIDATION OR CLASS ARBITRATION, EXCEPT THAT AN ARBITRATOR DECIDING A CLAIM ARISING OUT OF OR RELATING TO A PRIOR AGREEMENT MAY GRANT AS MUCH SUBSTANTIVE RELIEF ON A NON-CLASS BASIS AS SUCH PRIOR AGREEMENT WOULD PERMIT. IN ALL ARBITRATIONS, THE ARBITRATOR MUST GIVE EFFECT TO APPLICABLE STATUTES OF LIMITATIONS AND WILL DECIDE WHETHER AN ISSUE IS ARBITRABLE OR NOT. IN A LARGE/COMPLEX CASE ARBITRATION, THE ARBITRATORS MUST ALSO APPLY THE FEDERAL RULES OF EVIDENCE AND THE LOSING PARTY MAY HAVE THE AWARD REVIEWED BY A REVIEW PANEL CONSISTING OF THREE (3) ARBITRATORS; AND
(4) IN THE EVENT THE FOREGOING ARBITRATION REQUIREMENTS DO NOT APPLY, YOU AND VGCA EACH WAIVE, TO THE FULLEST EXTENT ALLOWED BY LAW, ANY TRIAL BY JURY AND A JUDGE WILL DECIDE ANY AND ALL DISPUTES.
16. Contact Information
You may notify us by postal mail (Volkswagen Customer CARE, 777 Bayly Street West, Ajax, ON L1S 7G7), phone at 1 (800) 822-8987, or by electronic means (via the vw.com website). Such notices will be considered effective after we receive them.
Any notice we send you will be sent to your last known residence or electronic mail address as shown on our records. It is your sole responsibility to ensure that we have the most up-to-date and accurate contact information for you at all times. Any written notice from us will be considered given when we send it by email to the email address you have provided to us that is then in our records, or two days after we mail it to you at the most current billing address we have on file for you. Any oral notices will be considered given when we call you or when you call us toll-free at 1 (800) 822-8987, or you speak with a live customer service representative.
Calls with our customer service representatives, emergency personnel, or the police may be monitored or recorded for quality assurance, issue resolution, maintaining service, training, or promoting or providing services. Our and our Service Partners’ customer service representatives may remain on the line while conferencing in a third-party to assist in completing a service request. You (for yourself and your Vehicle’s occupants and anyone else acting or using the Service on your behalf): (1) expressly consent to the monitoring and recording activities described herein, and (2) release us and our Service Partners from claims, liabilities, and losses resulting in connection with any such monitored and/or recorded communications.
17. Miscellaneous Terms
1. The Laws Governing Our Relationship
These Terms of Service and any disputes arising out of or relating to it or the Equipment or Service will be governed by the laws of the province where you reside and are domiciled, wherever filed without regard to conflicts of laws principles and subject to arbitration as set forth above. In the event that the arbitration requirements of this agreement are inapplicable or unenforceable, any complaint or other legal action concerning these Terms of Service shall be interpreted under the laws of the province where you reside and are domiciled and shall be subject to the jurisdiction of the courts of that province.
2. Entire Agreement
THIS SECTION DOES NOT APPLY TO QUEBEC CONSUMERS.
These Terms of Service (including the separate Volkswagen Car-Net Agreement and any other document or policy incorporated by this Agreement) is the entire agreement between you and us. It supersedes all other agreements, communications, or representations, oral or written, between us, past or present. We are not responsible for any statements, agreements, representations, warranties, or covenants, oral or written, including, without limitation, any statements from third parties, concerning or relating to the Equipment or the Service provided to you pursuant to these Terms of Service or your Service Plan, unless such statements, agreements, representations warranties or covenants are expressly contained in or incorporate by these Terms of Service. You are entitled to receive a copy of this information in a standardized format and the information will not be specific to you individually. You may make such a request by contacting us via the contact information below.
3. Effect of Termination of Terms of Service
Even if you delete your myVW account and discontinued use of the Service, the provisions of these Terms of Service will continue to govern any disputes arising out of or relating to it. These Terms of Service will also be binding on your heirs and successors and on our successors. In addition to any other provisions identified herein as surviving termination, the following provisions of these Terms of Service shall survive termination: Sections 4, 5, 6, 7, 8, and 11 through 17.
4. Waiver; Severability
No waiver of any part of these Terms of Service, or of any breach of it, in any one instance will require us to waive any other instance or breach. If any part of these Terms of Service is declared invalid or unenforceable, all other parts of these Terms of Service are still valid and enforceable.
5. Relationship Between Parties
Notwithstanding anything else herein, these Terms of Service do not create any fiduciary relationships between you and us, or between you and any Volkswagen Company or any of our other Service Partners. These Terms of Service also do not create any relationship of principal and agent, partnership, or employer and employee between you and us or between you and any Volkswagen Company or any of our Service Partners.
6. Third-Party Beneficiaries
Without limitation of anything else set forth herein, you have no contractual relationship whatsoever with any of our Service Partners, including Wireless Service Providers, and these Terms of Service do not give you any rights against any Volkswagen Company or any Service Partner. You are not a third-party beneficiary of any agreement between us and any of our Service Partners. None of our Service Partners has any legal, equitable, or other liability of any kind to you under these Terms of Service. You expressly waive any and all claims or demands for such liability. Our Service Partners are third-party beneficiaries of these Terms of Service.
7. Links
The Service may offer or contain links to other sites, including, among others, those of advertisers, other third parties, and companies whose trademarks may appear on the site. We are not responsible for the information collection practices or the content of the sites to which we link or for content and information collection practices of the Web sites and online services belonging to our Service Partners.
8. Assignment
We can assign these Terms of Service, in whole or in part, to any individual or entity we choose, at any time, without notice to you, in our sole discretion.
9. Language
The parties have required that these Terms of Service and all documents and notices resulting from it be drawn up in English. Les parties aux présentes ont exigé que la présente convention ainsi que tous les documents et avis qui s’y rattachent ou qui en découleront soient rédigés en la langue anglaise.
10. Your Comments
We welcome feedback concerning these Terms of Service. Please contact us with your comments and questions at 1 (800) 822-8987.
For more information, call 1 (800) 822-8987 or go to https://www.vw.ca/en/about-volkswagen/contact.html.
"Car-Net" is a registered trademark of Volkswagen AG.
“myVW” is a registered trademark of Volkswagen Group of America, Inc.
Apple, the Apple logo and iPhone are trademarks of Apple Inc., registered in the U.S. and other countries. App Store is a service mark of Apple Inc. "Android" and "Google" are trademarks or registered trademarks of Google Inc.