Welcome to Volkswagen. These Terms of Use (" Terms") apply to your use of and access to a central user account known as "Volkswagen ID", including account features, functionalities and related websites (collectively, " Volkswagen ID Services") provided by or on behalf of Volkswagen Group Canada Inc. (" Volkswagen Canada" or " we" or " us").
THESE TERMS CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND US. If you do not agree to these Terms OR ANY MODIFICATION TO THESE TERMS, YOU MUST NOT USE THE VOLKSWAGEN ID SERVICES.
When you accept these Terms, you are representing that you are the age of majority in your province or territory of residence, and legally able to accept these Terms and use the Volkswagen ID Services. You are responsible for making all others who use your Volkswagen ID aware of these Terms. If you are under the age of majority in your province or territory of residence, your parent or guardian must accept these Terms on your behalf and you agree that you may only use the Volkswagen ID Services under their supervision.
DO NOT USE OR ACCESS YOUR VOLKSWAGEN ID OR YOUR MOBILE DEVICE WHILE DRIVING. ALWAYS PAY CAREFUL ATTENTION TO THE ROAD AND DO NOT DRIVE WHILE DISTRACTED.
If you want to retain a copy of these Terms, please visit Volkswagen ID Terms of Use and save or print them.
These Terms, including any other Volkswagen Canada terms, policies, and guidelines identified or referenced herein, constitute the complete agreement between you and us with respect to the Volkswagen ID Services and are legally binding upon your agreement to these Terms. You are responsible for your own compliance with these Terms and for compliance by any other person who uses your Volkswagen ID.
For your reference, a copy of the Volkswagen Canada Privacy Policy is available at Volkswagen Canada Privacy Policy. You acknowledge that you have reviewed the Volkswagen Canada Privacy Policy, and understand its contents.
The Volkswagen ID Services are provided to you free of charge by Volkswagen Canada.
To create a Volkswagen ID, you need to provide a valid email address as a user name and create a password. You are responsible for maintaining the confidentiality and security of the username and password you use to set up and use your Volkswagen ID. You are solely responsible for all use and activity, including unauthorized activity, of your Volkswagen ID so it is important that you notify us immediately if you become aware of any breach of security or unauthorized use of your Volkswagen ID or password.
All the information needed to use your Volkswagen ID, including to activate your Volkswagen ID or to reset your password, will be sent to the email address provided by you. You may change the email address you provided as a user name or your password at any time. You may register again at any time to set up a new or additional Volkswagen IDs. You are responsible for ensuring the accuracy of all information you provide to set up and use your Volkswagen ID.
Your access to the Volkswagen ID Services begins when you accept these Terms.
Volkswagen ID is a single-sign-on solution, which allows you to sign into a number of services with a single user identification, as long as these services offer Volkswagen ID as a sign-in option. These services, however, may have their own terms and conditions of use and privacy policies; and your right to use those services will be subject to any such terms and conditions and privacy policies.
You can view, edit and delete the data you have entered at any time via the settings in your Volkswagen ID user account. You also can delete your Volkswagen ID entirely. As soon as you have deleted your Volkswagen ID, you can no longer use it to sign into the services connected with this Volkswagen ID. Please note that if your Volkswagen ID is used to fulfil existing obligations for a service, such as payments, when disconnecting the service, the registration of a new Volkswagen ID for such service is necessary in order to continue using or cancelling the service. In the case of cancellation of the service, the deletion of your Volkswagen ID can only be carried out after the end of the duration of the contract for this service (if using several services, your Volkswagen ID can be canceled only after the expiration of the longest contract).
The personal information you provide to us in connection with the Volkswagen ID Services is collected, used and disclosed in accordance with our Privacy Policy. Please review that policy, and advise our privacy officer if you have any questions with respect to our privacy practices and procedures.
You may not engage in any activity to deliberately damage the Volkswagen ID Services or undermine the operation of the Volkswagen ID Services. Without limiting the foregoing, you are expressly prohibited from transmitting any software or other materials containing viruses, worms, defects, date bombs, time bombs, spiders, Trojan horses, screen‑scrapers, web-bots, or web crawlers or other such destructive or disruptive devices; modifying, adapting, sublicensing, translating, selling, reverse engineering, decompiling, disassembling, circumventing, or tampering with any part of the Volkswagen ID Services or otherwise exploiting the Volkswagen ID Services in any unauthorized way.
You agree that you will not use the Volkswagen ID Services for illegal, fraudulent, or abusive purposes, including to harass, threaten, abuse, defame, or slander, any individual or entity. You may not use the Volkswagen ID Services in a manner that interferes with any other individual's use of the Volkswagen ID Services or our provision of the Volkswagen ID Services to others. You further agree that you will not harass, threaten, or use vulgar, abusive, and/or inappropriate language toward any of our customer service representatives. You acknowledge that we have the right to terminate your Volkswagen ID Services if you exhibit such inappropriate behavior, in our sole discretion.
Volkswagen Canada reserves the right to investigate any suspicious activity and to take all such actions against and obtain such remedies against any user who violates these provisions to the fullest extent permitted by law. Subject to applicable law, we also reserve the right to disclose any information about you, including your Volkswagen ID information and access to and use of your Volkswagen ID: (i) to law enforcement as required or permitted by law; (ii) to enforce these Terms; (iii) to comply with any court order; (iv) as required or permitted by applicable law; or (v) as otherwise described or permitted in the Volkswagen Canada Privacy Policy.
The Volkswagen ID Services are protected by Canadian and foreign copyright laws and may be subject to other intellectual property protections, including patent and trademark rights. You may not (or permit or cause any other party to) reproduce, copy, distribute, modify, make derivative works from, perform, broadcast, display, transmit, reuse, re-post, use (except as expressly permitted herein), or claim any right in any aspect of the Volkswagen ID Services, (including any content, text, images, audio, and video) without our express, prior written permission.
Any trademarks, logos, and service marks (collectively " Marks") displayed in connection with the Volkswagen ID Services are the registered and/or unregistered trademarks of Volkswagen Canada or its licensees. Nothing contained in these Terms should be construed as granting, by implication, estoppel, or otherwise, any license or right to use or display any Mark or any variation thereof without the written permission of Volkswagen Canada or the other owner thereof. Your use of Volkswagen Canada's Marks is strictly prohibited.
Subject to your compliance with these Terms, we grant you a non-exclusive, non-transferable, limited right to access and use the Volkswagen ID Services for your personal, non-commercial use only. You agree not to dispute our claims of ownership or validity of our rights in the Volkswagen ID Services. If you violate any of these Terms, we may terminate these Terms or your access to your Volkswagen ID Services without notice.
You agree that we may change, modify, add to or remove portions of these Terms at any time (including, for example, any disclaimers, limitations of liability, indemnity or dispute resolution provisions). Any changes will be effective immediately upon 30 days of the posting of the revised Terms. We will notify you of any material changes to these Terms by posting the revised Terms on our website, by sending you an email to the address associated with your Volkswagen ID or as otherwise required by law. Of course, your use of the Volkswagen ID Services is, and will remain, free of charge for you at all times. Please note that this does not apply to the use of services connected with the Volkswagen ID Services for which fees may be charged. To the extent required by law, this written notice will clearly and legibly indicate exclusively the new clause, or the amended clause and the clause as it read formerly, the date of the coming into force of the amendment and the fact that you may refuse the amendment and terminate your contract. It is your responsibility to review these Terms periodically and when notified of a change. If you do not discontinue use of your Volkswagen ID Services within 30 days after the effective date of the change, then the change will become part of our agreement with you.
The parent, subsidiaries, and affiliates of Volkswagen Group Canada Inc., including its parent company, and Volkswagen AG (each a " VW Company") are third party beneficiaries under these Terms. As third party beneficiaries, they are covered by the same protections given to us under these Terms, such as the disclaimers of warranties, limitations of liability, release, and dispute resolution.
You are not a third party beneficiary of any agreement between us and any other third parties. None of our third party service providers have any legal, equitable, or other liability of any kind to you under these Terms. You expressly waive any and all claims or demands for such liability.
These Terms will automatically terminate if you do not validate your email address within the time period that we provide to you.
You may terminate these Terms at any time by deleting your Volkswagen ID (as set out in Section 3 above).
We may suspend or terminate these Terms, including your access to and use of the Volkswagen ID Services, at any time for any reason at our discretion, including: (i) for network or system maintenance, improvement, congestion, or failure; (ii) if we suspect your Volkswagen ID (in whole or in part) is being used for any unauthorized purpose or inappropriate use; (iii) as a result of your breach of these Terms; or (iv) due to any event beyond our control or for reasons unrelated to you or your Volkswagen ID. If suspension or termination of your Volkswagen ID occurs for any reason, you acknowledge and agree that you may not be able to access your Volkswagen ID Services. If a Volkswagen ID is essential for use of a service connected with it, the cancellation will become effective, at the earliest, at the time at which the obligation to provide such service ends.
If we elect to terminate your access to your Volkswagen ID Services (in whole or in part) as a result of your breach of these Terms, youdo not have any right to have your Volkswagen ID Services reactivated, even if you cure any of the issues that resulted in the termination or suspension of your Volkswagen ID Services. It is solely our decision as to whether to allow you to reactivate your Volkswagen ID Services.
SOME JURISDICTIONS, SUCH AS THE PROVINCE OF QUEBEC, LIMIT OR DO NOT ALLOW DISCLAIMERS OF REPRESENTATIONS, WARRANTIES AND CONDITIONS, SO SOME OF THE FOLLOWING DISCLAIMERS MAY NOT APPLY TO THE EXTENT SUCH JURISDICTIONS' LAW IS APPLICABLE TO THESE TERMS, IN WHICH CASE OUR REPRESENTATIONS, WARRANTIES AND CONDITIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. NEITHER Volkswagen Canada, NOR ANY VW COMPANY, REPRESENT, WARRANT OR GUARANTEE THAT THE VOLKSWAGEN ID SERVICES WILL BE AVAILABLE AT ANY SPECIFIC TIME OR AT ALL TIMES OR IN ANY GEOGRAPHIC LOCATION, OR THAT THE VOLKSWAGEN ID SERVICES WILL BE PROVIDED WITHOUT INTERRUPTION, DELAY, OR ERROR. NEITHER Volkswagen Canada, NOR ANY VW COMPANY, MAKE ANY REPRESENTATIONS, CONDITIONS OR WARRANTIES, EXPRESS OR IMPLIED, ABOUT: (I) THE VOLKSWAGEN ID SERVICES, INCLUDING ONGOING AVAILABILITY OF THE VOLKSWAGEN ID SERVICES AND THE TECHNOLOGIES UPON WHICH THE VOLKSWAGEN ID SERVICES RELY; (II) NONINFRINGEMENT; OR (III) ANY DATA OR INFORMATION OR OTHER SERVICES PROVIDED IN CONJUNCTION WITH THE VOLKSWAGEN ID SERVICES. THIS INCLUDES, WITHOUT LIMITATION, REPRESENTATIONS, CONDITIONS OR WARRANTIES OF SECURITY, TITLE, CONTENT, QUALITY, ACCURACY, TIMELINESS, COMPLETENESS, CORRECTNESS, RELIABILITY, LONGEVITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OR USE. ALL SUCH REPRESENTATIONS, CONDITIONS AND WARRANTIES ARE EXPRESSLY EXCLUDED BY THESE TERMS. Volkswagen Canada EXPRESSLY DISCLAIMS ANY AND ALL EXPRESS AND IMPLIED REPRESENTATIONS, CONDITIONS AND WARRANTIES.
IF VOLKSWAGEN CANADA OR ANY VW COMPANY IS FOUND TO BE LIABLE TO YOU FOR ANY REASON ARISING OUT OF OR RELATED TO THESE TERMS, YOU AGREE THAT THE MAXIMUM, AGGREGATE LIABILITY OF THE VW COMPANIES TO YOU, AND YOUR EXCLUSIVE REMEDY UNDER ANY THEORY OR FOR ANY CAUSE WHATSOEVER (INCLUDING BUT NOT LIMITED TO ANY FRAUD, MISREPRESENTATION, BREACH OF CONTRACT, PERSONAL INJURY, OR PRODUCTS LIABILITY), SHALL BE LIMITED TO [$100]. YOU ACKNOWLEDGE AND AGREE THAT NEITHER VOLKSWAGEN CANADA NOR ANY VW COMPANY WOULD HAVE AGREED TO PROVIDE THE VOLKSWAGEN ID SERVICES 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 AND ANY VW COMPANY TO YOU.
IN NO EVENT SHALL WE OR ANY VW COMPANY BE LIABLE TO YOU OR ANY OTHER PARTY FOR, AND YOU CANNOT RECOVER ANY: (I) PUNITIVE, CONSEQUENTIAL, INDIRECT, OR SPECIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUE (REGARDLESS OF WHETHER Volkswagen Canada OR ANY VW COMPANY HAVE BEEN NOTIFIED THAT SUCH LOSS MAY OCCUR); OR (II) 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 JURISDICTIONS, SUCH AS THE PROVINCE OF QUEBEC, LIMIT OR DO NOT ALLOW EXCLUSIONS OR LIMITATIONS ON CERTAIN DAMAGES SO SOME OF THE LIABILITY LIMITATIONS AND EXCLUSIONS IN THIS SECTION MAY NOT APPLY, IN WHICH CASE OUR LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS VOLKSWAGEN CANADA, ANY VW COMPANY, OUR RESPECTIVE AGENTS, DEALERS, PARTNERS AND CONTRACTORS, TOGETHER WITH EACH OF OUR OR THEIR RESPECTIVE AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, FROM AND AGAINST ANY AND ALL LIABILITIES, SETTLEMENTS, PENALTIES, CLAIMS, CAUSES OF ACTION, AND DEMANDS (INCLUDING ANY COSTS, EXPENSES, OR LEGAL 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 THE USE OF YOUR VOLKSWAGEN ID SERVICES OR YOUR VIOLATION OF THESE TERMS.
PLEASE FIRST CONTACT US FOR CUSTOMER SUPPORT IN THE EVENT OF ANY DISPUTE OR DISAGREEMENT RELATING TO YOUR VOLKSWAGEN ID SERVICES. IF THE MATTER CANNOT BE RESOLVED BY COMMUNICATION BETWEEN US WITHIN A REASONABLE TIME PERIOD, YOU AND´Volkswagen Canada EACH AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY LAW, ANY CLAIM OR CONTROVERSY BETWEEN THE PARTIES AND ARISING OUT OF OR RELATING TO THESE TERMS SHALL BE INTERPRETED, AND THE RIGHTS AND LIABILITIES OF THE PARTIES HERETO DETERMINED, IN ACCORDANCE WITH THE LAW OF THE PROVINCE IN WHICH YOU ARE DOMICILED AND RESIDE, WITHOUT REGARD TO CONFLICTS OF LAW PRINCIPLES.
TO THE EXTENT PERMITTED BY LAW, ANY CLAIM, DISPUTE OR CONTROVERSY ARISING OUT OF OR RELATING TO: (I) ANY AGREEMENT BETWEEN YOU AND VOLKSWAGEN CANADA; (II) ANY ORAL OR WRITTEN STATEMENTS, OR ADVERTISEMENTS OR PROMOTIONS RELATING TO ANY AGREEMENT BETWEEN YOU AND VOLKSWAGEN CANADA; OR (III) THE RELATIONSHIPS WHICH RESULT FROM THESE TERMS(INCLUDING RELATIONSHIPS WITH THIRD PARTIES WHO ARE NOT PARTIES TO ANY AGREEMENT BETWEEN YOU AND VOLKSWAGEN CANADA), (EACH, A "CLAIM") WILL BE REFERRED TO AND DETERMINED BY PRIVATE AND CONFIDENTIAL ARBITRATION AT THE JOINT COST OF THE PARTIES. NO RIGHT OF APPEAL SHALL EXIST FROM AN ARBITRATION DECISION. EITHER PARTY MAY COMMENCE COURT PROCEEDINGS TO ENFORCE THE ARBITRATION RESULT WHEN AN ARBITRATION DECISION SHALL HAVE BEEN RENDERED AND THIRTY (30) DAYS HAVE PASSED FROM THE DATE OF SUCH DECISION. BY SO AGREEING, YOU WAIVE ANY RIGHT YOU MAY HAVE TO COMMENCE OR PARTICIPATE IN A CLASS ACTION AGAINST VOLKSWAGEN CANADA RELATED TO ANY CLAIM AND, WHERE APPLICABLE, YOU HEREBY AGREE TO OPT OUT OF ANY CLASS PROCEEDING AGAINST VOLKSWAGEN CANADA OTHERWISE COMMENCED.
WHERE THE ARBITRATION PROVISIONS OF THESE TERMS ARE PROHIBITED BY LAW, SUCH AS IN THE PROVINCE OF QUEBEC, YOU CONSENT TO THE EXCLUSIVE JURISDICTION OF THE COURTS OF SUCH PROVINCE AND WAIVE ANY OBJECTIONS AS TO PERSONAL JURISDICTION OR AS TO THE LAYING OF VENUE IN SUCH COURTS DUE TO INCONVENIENT FORUM OR ANY OTHER BASIS. YOU AND Volkswagen Canada EACH WAIVE, TO THE FULLEST EXTENT ALLOWED BY LAW, ANY TRIAL BY JURY AND A JUDGE WILL DECIDE ANY AND ALL DISPUTES.
To the fullest extent permitted by law and except as explicitly provided otherwise, this Agreement shall be deemed to have been made in the province where you reside and are domiciled, and shall be interpreted, and the rights and liabilities of the parties hereto determined in accordance with the laws of such province, without regard to conflicts of law principles. Where the arbitration provisions of these Terms are prohibited by law, the parties consent to the exclusive jurisdiction of the courts in such province for the determination of any claim or controversy between the parties and arising out of or relating to this Agreement and waive any objections as to personal jurisdiction or as to the laying of venue in such courts due to inconvenient forum or any other basis.
These Terms (as well as any other documents expressly incorporated by reference herein) are the entire agreement between you and us with respect to your access to and use of the Volkswagen ID Services. It supersedes all other agreements, communications, or representations, oral or written, between us, past or present, with respect to your access to and use of the Volkswagen ID Services. We are not responsible for any third party statements, agreements, representations, warranties, or covenants, oral or written including, without limitation, any statements from sources other than us, concerning or relating to the Volkswagen ID Services, unless such statements, agreements, representations, warranties, or covenants are expressly contained in or incorporated by these Terms.
Upon termination or expiration of these Terms for any reason, you must immediately stop using your Volkswagen ID Services and your authorization to access and use your Volkswagen ID Services is automatically and immediately terminated. Any such termination or expiration may adversely affect your ability to access and use any other services that we may be providing to you that rely on your continued ability to access a Volkswagen ID . All provisions of these Terms which, by their nature, survive termination or expiration, shall survive termination or expiration of these Terms including, but not limited to, Section 12 (Disclaimer of Representations and Warranties), Section 13 (Limitation of Liability), Section 14 (Indemnification and Release) and Section 15 (Dispute Resolution).
No waiver of any part of these Terms, 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 is declared invalid or unenforceable, all other parts of these Terms are still valid and enforceable.
Notwithstanding anything else herein, these Terms do not create any fiduciary relationship between you and us, or between you and any VW Company or any of our third party service providers. These Terms also do not create any relationship of principal and agent, partnership, or employer and employee between you and us or between you and any VW Company or any of our third party service providers. These Terms will also be binding on your heirs, successors and assigns, as well as on our successors.
We can assign these Terms, in whole or in part, to any individual or entity we choose, at any time, without notice to you, in our sole discretion. You may not assign these Terms, in whole or in part, without our prior written, express consent.
To the extent applicable, you agree to comply with all applicable trade regulations and export control laws both domestic and foreign and to allow any information you provide to be used for the purpose of ensuring export compliance. You agree not to export or re-export any such software, or information to any foreign country.
If you have any questions about these Terms, your Volkswagen ID Services or our privacy practices and procedures, please contact us at:
Volkswagen Group Canada Inc.
777 Bayly Street West Ajax, ON, L1S 7G7
Attention: Privacy Officer
E-mail:privacy@vw.ca