T E R M S A N D C O N D I T I O N S

Transcription

1 T E R M S A N D C O N D I T I O N S F O R S E R V I C E S 1. INTRODUCTION VOLVO wants to offer you the best available Services (as defined below in this Section 1) to make your VOLVO driving experience as safe, comfortable and entertaining as possible. VOLVO provides you with a wide range of Services, from emergency support to navigation and various infotainment services. Please read through these terms and conditions (the Service T&Cs ) carefully before using the Services. By using the Services, by signing a printed contract, by your local VOLVO dealer acting on your behalf when activating the Services, and/or by ticking a box in an online acceptance process you acknowledge that you have read the Service T&Cs and accept that a binding agreement has been entered into between you and Volvo Car Corporation, a Swedish company with registration number , with the address Gothenburg, Sweden, ( VOLVO ) for use of the services currently or in the future provided by VOLVO (the Volvo Services ) or external companies ( Third Parties and Third Party Services, respectively). Volvo Services and Third Party Services are jointly referred to as Services. You are only allowed to use the Services if you are the owner of the Volvo car for which the Services apply, or if you have the owner s clear and undisputed consent. VOLVO may require you to show that you are the owner or have the owner s consent in relation to use the Services. To be allowed to use the Services, you must also be of full age and capacity to enter into these Service T&Cs, and you confirm to VOLVO that this is the case. 2. GENERAL The Services may vary depending on your Volvo car model and model year, the country you have your place of residence in, where your Volvo car is registered and where it was sold. VOLVO only provides the Services in relation to Volvo cars equipped with the necessary technical features for the correct use of the Services. If your Volvo car is not equipped with the necessary technical features or if you do not fulfil the requirements set out in these Service T&Cs and the Specific Terms (as defined in Section 3 below), VOLVO is not obliged to provide you with the Services. The use of the Services may require internet access and periodic updates. These Service T&Cs do not apply to the telecommunication services which may be necessary to use the Services and which 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. More information about the particular Services provided in your Volvo car can be found in the owner s manual, at support.volvocars.com and/or at your local VOLVO dealer (the Documentation ).

2 3. SEPARATE TERMS AND CONDITIONS FOR VOLVO SERVICES AND THIRD PARTY SERVICES Certain Services require that you have registered a VOLVO ID. VOLVO ID is a unique account under which VOLVO provides you with personalised Services linked to your Volvo car. Please visit support.volvocars.com in order to register for your personal VOLVO ID, if you would like to use the Services provided under the VOLVO ID. The use of the VOLVO ID is provided free of charge but is subject to the VOLVO ID Terms & Conditions which you find at support.volvocars.com. In case you have a VOLVO ID and the VOLVO ID Terms and Conditions and these Service T&Cs should conflict, the latter shall prevail. Some Services may be subject to separate terms and conditions and/or separate service descriptions either from VOLVO or from Third Parties (the Specific Terms ). You may also have to pay fees to get access to certain Services, as further described in the Specific Terms for each such Service. In case these Service T&Cs and the Specific Terms should conflict, the latter shall prevail. Nothing contained in these Service T&Cs shall be construed to grant you the right to use a specific Service. In respect of the Third Party Services, VOLVO s primary role is to make available such Services in or related to your Volvo car. 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. VOLVO does not assume any liability in relation to the availability or functionality of such Third Party Services. 4. CHANGES IN THE SERVICE T&CS, SPECIFIC TERMS OR SERVICES VOLVO may, from time to time, change these Service T&Cs or Volvo s Specific Terms. Changes will be notified to you by , the next time you log in to a Volvo Service and/or will be published at support.volvocars.com. Use of the Services after such modified Service T&Cs and Volvo s Specific Terms have been made available will constitute acceptance of the modified Service T&Cs and Volvo s Specific Terms, as applicable. VOLVO constantly aims to offer you useful and up-to-date Services and may add or remove functionalities or features over time. You agree that VOLVO 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. If you disagree with any changes in these Service T&Cs, the Specific Terms, and/or the Services as such, please note that you always have the right to discontinue the use of the Services and terminate these Service T&Cs and the Specific Terms as set forth in Section 12 below. 5. CHANGE OF OWNERSHIP OF A VOLVO CAR If the ownership of a Volvo car changes, the transferring owner must promptly deactivate all Services as described in the Documentation, e.g. by using the reset to factory settings, and if possible remove all apps related to the Services. For more information how to deactivate the Services in case of change of ownership, please read the Documentation or ask your local VOLVO dealer. For change of ownership of a Volvo car with a VOLVO ID

3 linked to it, please see the VOLVO ID Terms & Conditions, which shall apply also in regard to these Service T&Cs. 6. USE RESTRICTIONS You may not use the Services contrary to what is stipulated in these Service T&Cs, the 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 customs/import control. Usage threatening the security of any Services is also prohibited. Should you let others 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 Service T&Cs, the 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 offense. Certain Third Party Services may also, like the VOLVO ID, require a password, which you are responsible to keep secret. VOLVO will not be liable for any damages that result from your failure to comply with what is set out above in this Section VOLVO S RIGHT TO BLOCK THE SERVICES VOLVO may, at any time and without notice to you, block the Services if (i) VOLVO has reason to believe that you have used the Services inappropriately, including but not limited to usage in violation of these Service T&Cs or any applicable Specific Terms, (ii) VOLVO has reason to believe that the Services are used in a manner which is harmful to VOLVO or threatening the security of any Services, (iii) VOLVO becomes aware of that you are no longer the owner of the Volvo car for which the Services apply or no longer have the owner s clear and undisputed consent to use the Services, (iv) required by law or court order, (v) deemed necessary to facilitate any maintenance, trouble shooting, update, and/or security related work, as well as any other similar measures or rearrangements necessary to improve or uphold the quality of the Services or (vi) VOLVO is entitled to terminate the Service T&Cs in accordance with Section 12 below. Blocking means, in this context, that VOLVO takes measures so that the Services cannot be used, either entirely, for particular Services or as regards selected parts thereof. Blocking does not mean, however, that the provisions of the Services are discontinued permanently or that these Service T&Cs and/or the Specific Terms are terminated. Should VOLVO block the Services, you will be notified by , the next time you log in to a Volvo Service and/or by a general notice at support.volvocars.com. VOLVO may choose, at its sole discretion, whether or not and when, any blocking of the Services shall be lifted.

4 8. USER LICENSE AND INTELLECTUAL PROPERTY RIGHTS All intellectual property rights in and to the contents of Volvo Services are the property of VOLVO, its affiliates (as defined in Section 13 below) and/or licensors. Unless these Service T&Cs and/or the Specific Terms otherwise allow, you are not granted any rights in or to such intellectual property rights. VOLVO grants you a non-exclusive, non-assignable and non-transferable license to make personal use of the contents and software associated with the Volvo Services, including any intellectual property rights embodied therein, solely for the purposes and in accordance with the use restrictions set out herein or in the 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. Any breach of this restriction or other failure to comply with any term(s) of this license may result in termination of these Service T&Cs according to Section 12 below. Unless otherwise indicated, marks, corporate logos, domain names and emblems are subject to the trademark rights of VOLVO or its licensors and, as the case might be, Third Parties. This license expires when these Service T&Cs are terminated by you or VOLVO according to Section 12 below. 9. DISCLAIMER OF WARRANTY Please note that the Services are provided as is and as available. To the extent permitted by applicable law, VOLVO therefore disclaims all warranties with respect to the Services, whether express, implied or statutory. This means that you have no guarantee that the Services are free from errors, of satisfactory quality, available, accessible, provided timely and/or uninterruptedly, fit for a particular purpose, accurate or of any particular performance standard. Considering the above, you hereby also agree that defects in the Services may not be corrected. VOLVO does not warrant against interference or interruption with your use of the Services or that the Services will be compatible with third party software or services. You acknowledge that internet-based Services may suffer loss, delay, alteration, manipulation, and misdirection of data (e.g. caused by loss of coverage or malfunction of hardware or telecommunication networks) and that VOLVO bears no responsibility in relation to such events. VOLVO shall use reasonable skill and due care in providing the Services, but VOLVO does not guarantee or warrant (i) that any content you may store or access through the Services will not be subject to inadvertent damage, corruption or loss or (ii) the availability, accuracy, completeness, reliability or timeliness of location data or any other data displayed by the Services. You further acknowledge that not all Services are intended or suitable for use in situations or environments where such use may lead to fatality, damage or personal injury (such as by the driver while driving). No written or oral information or advice given by VOLVO, its suppliers, dealers or affiliates (as defined in Section 13 below), nor by any of their employees, agents, and

5 representatives, shall create a warranty or in any other way change VOLVO s undertakings in respect of the Services. 10. LIMITATION OF LIABILITY VOLVO shall not be liable for any loss or damage of any kind, including but not limited to liability for personal injury, death, or any incidental, special, consequential or indirect damage, or loss of profits or data or similar, arising out of or in relation to your use or inability to use the Services under these Service T&Cs and/or the Specific Terms. The same shall apply to all affiliates (as defined in Section 13 below), dealers and suppliers, as well as in relation to any personal liability of theirs and VOLVO s employees, agents, and representatives. In no event shall VOLVO be liable for any loss exceeding the amount that you have paid to VOLVO for the use of the Services in the twelve 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. VOLVO further disclaims any responsibility to protect your devices and systems from viruses, worms, malware, spyware, trojan horses and other malicious code or programs. 11. PROCESSING OF PERSONAL DATA Your and all other customers privacy is a matter of uttermost importance to VOLVO. Depending on the particular Services you use VOLVO will in some cases be considered as a data processor and in some cases as a data controller. All processing takes place in accordance with applicable legislation concerning processing of personal data as well as with VOLVO s Customer Privacy Policy, available at support.volvocars.com. You acknowledge that VOLVO may need to transfer information about you, or as provided by you, such as location data or your contact details, to a Third Party. VOLVO will, however, only transfer such information to the extent necessary for you to use the Third Party Service in question. The processed personal data The personal data processed in relation to the Services depend on the particular Services you use. It might primarily include your name, contact information, location-based data, car information as well as device- and login information and other information you have chosen to share with VOLVO. Moreover, VOLVO may in relation to your Services process data which you have previously provided in your interactions with VOLVO (e.g. when ordering a Volvo car). In addition to the above, please note that your use of different Volvo Services and Third Party Services may require processing by VOLVO and/or Third Parties of other personal data than the above stated, and/or for different purposes than the below stated, as set out in the respective Specific Terms. Purpose of the processing VOLVO will process your personal data for the purpose of (i) administrating and delivering the Services to you, (ii) conducting research and development in order to

6 improve VOLVO s services or products, (iii) providing you with any information which relates to your use of VOLVO s services or products and/or (iv) establishing a customer profile for you, or updating your current customer profile (as the case may be), in order to improve and expedite VOLVO s ability to meet any of your service requests in relation to VOLVO s products and services. VOLVO s processing of personal data in order to deliver the Services to you may be further described in the applicable Specific Terms. Use of location-based Services VOLVO and the Third Parties may provide Services that rely upon device-based location information, which use GPS, Wi-Fi connections, cell tower locations etc. To provide such Services to you, where available, VOLVO and the Third Parties have to process your location data, such as the real-time location of your Volvo car. You hereby agree to VOLVO s and Third Parties processing of such data to provide and improve such Services. When using Third Party Services that use or provide location data as part of the Service, you are subject to and should review the Specific Terms relating to the Services as well any applicable privacy policies of the Third Parties. Consent to processing by affiliates, dealers, and suppliers, and across national borders You hereby acknowledge and agree that certain of VOLVO s affiliates (as defined in Section 13 below), dealers, as well as the suppliers of both VOLVO and such affiliates, may, for the purposes described above, process your personal data on VOLVO s behalf. Furthermore, you hereby acknowledge and agree that VOLVO and such affiliates, dealers and suppliers may, for the purposes described herein, conduct their processing of your personal data in countries other than your country, and for such reasons transfer your personal data to such other countries, including but not limited to transfers of your personal data into and out of the European Economic Area (EEA) and processing thereof within as well as outside of the EEA. VOLVO assumes the full responsibility to ensure that any such processing and transfer of your personal data is made in accordance with these Service T&Cs and any applicable data privacy and personal data laws and regulations. Except as herein provided, VOLVO will not disclose your personal data to third parties without your consent. However, you acknowledge and agree that due to national legislation and regulations, VOLVO may be required to disclose such information to authorities such as judicial or police authorities or others who may assert a legal right to access the data. Retention and Information to you For questions regarding VOLVO s retention of personal data and further information regarding VOLVO s processing of your personal data (including correction of erroneous data), please see VOLVO s Customer Privacy Policy, available at support.volvocars.com. VOLVO will not charge you any fee for legitimate information requests. 12. TERM AND TERMINATION These Service T&Cs will continue to apply until terminated by either you or VOLVO in accordance with the following.

7 You may at any time discontinue the use of the Services, in which case these Service T&Cs will be terminated once you do not any longer have any obligations hereunder or under the relevant Specific Terms. Should you discontinue the use a specific Service, these Service T&Cs and the Specific Terms for each of the Services you still use remain in force. Should the VOLVO ID Terms & Conditions be terminated by you, these Service T&Cs are applicable for the remaining Services you use that do not require a VOLVO ID. VOLVO reserves the right to discontinue the provision of the Services and thereby terminate these Service T&Cs in the event of (i) your actual or reasonably suspected breach of these Service T&Cs and/or the Specific Terms, (ii) VOLVO s decision to cease offering the Services in its then-current format, worldwide or in a particular geographical area or (iii) any similar business reason which VOLVO in its sole discretion deems to be a reasonable cause to discontinue the provision of the Services. With the termination of these Service T&Cs, the Specific Terms are terminated simultaneously and you may no longer use the Services. Should these Service T&Cs be terminated, such termination will not affect any provisions herein or in the Specific Terms which by their nature are intended to survive such termination. 13. ASSIGNMENT Neither party may assign its rights or obligations under these Service T&Cs or the Specific Terms to any third party without the other party s written consent. VOLVO may, however, assign its rights and obligations under these Service T&Cs and/or the Specific Terms to any affiliate. The term affiliate shall for the purposes of these Service T&Cs and/or the Specific Terms mean any subsidiary in which VOLVO directly or indirectly owns and controls one-hundred per-cent (100 %) of the voting stock, partnership interest or other ownership interest. 14. APPLICABLE LAW AND VENUE Unless otherwise required by mandatory law, these Service T&Cs, the Specific Terms and any use of the Services shall be construed in accordance with and be governed by the substantial laws of Sweden without regard to its conflict of law principles. The exclusive venue, for all claims arising from these Service T&Cs and/or the Specific Terms, shall, unless otherwise required by mandatory law, be the district court of Gothenburg, Sweden, as first instance.