Welcome to Volkswagen. These VW Car-Net® Terms of Service (“Terms of Service”) apply to your use of and access to those services known as "VW Car-Net" that are provided by or on behalf of Volkswagen Group Canada Inc. (“Volkswagen Canada” or “we” or “us”) through an eligible Volkswagen vehicle (“Vehicle”) and any software, websites, or applications associated with such services (collectively, the “Services”). These Terms of Service shall apply to each Vehicle owner, lessee, renter, or other person accessing or using the Services through a Vehicle or VW Car-Net account (any of whom may be referred to as “you” or “user” in these Terms of Service).
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 SERVICES.
PLEASE READ THESE TERMS OF SERVICE 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 of Service. If you are under the age of majority in your province of residence, your parent or guardian must accept these Terms of Service on your behalf. You are responsible for informing others who use your Vehicle that the Services are active and that data (including their personal information) may be collected from your Vehicle in accordance with the Volkswagen Canada Privacy Policy , which may be updated from time to time. Updates to the Volkswagen Canada Privacy Policy are effective as of their date and time of publishing.
DO NOT USE OR OTHERWISE ENGAGE WITH THE myVW MOBILE APP OR YOUR MOBILE DEVICE WHILE DRIVING. USERS OF THIS APP SHOULD NEVER OPERATE THE APP IN A MANNER THAT IS DISTRACTING TO THE DRIVER. ALWAYS PAY CAREFUL ATTENTION TO THE ROAD AND DO NOT DRIVE WHILE DISTRACTED.
1. Understanding the Terms of Service
These Terms of Service, including any other Volkswagen Canada terms, policies, and guidelines that are expressly incorporated by reference, constitute the complete agreement between you and us with respect to the Services and are legally binding upon the earlier of your agreement to these Terms of Service or your access, use, subscription to, purchase of, upload or transmission to, or download of any information, content, or other materials to or from the Services.
You are responsible for your own compliance with these Terms of Service. You are also responsible for the compliance with these Terms of Service by any other drivers or occupants of your Vehicle and anyone who uses your VW Car-Net account.
In addition, your use of the Services, the VW Car-Net website at https://carnet.vw.ca/login?ui_locales=en-CA (the “VW Car-Net Website”) and the Car-Net services are governed by these Terms of Service.
For your reference, a copy of the Volkswagen Canada Privacy Policy is available on our general website as well as on the VW Car-Net Website and in the myVW App. You acknowledge that you have reviewed the Volkswagen Canada Privacy Policy, and understand its contents.
2. Setting Up Your Car-Net Account
To obtain the Services, you will need to create and maintain a "Volkswagen ID" account. In connection with doing so, you will need to agree to the Welcome – Enter email address (vwgroup.io) .
In order to receive certain functionality or features of the Services under a service plan you select (“Service Plan,” as further described in Section 4 below), you may need to create an account through the VW IDK website, the VW Car-Net Website, the VW IDK app, and/or the myVW App. You are responsible for maintaining the confidentiality and security of any username, password, and personal identification number (PIN) you use to set up and access your account. You will be solely responsible for all activity in your account so it is important that you notify us immediately if you become aware of any breach of security or unauthorized use of your account or the Services. As above, you are responsible for compliance with these Terms of Service by any other drivers or occupants of your Vehicle and anyone who uses your VW Car-Net account .
The Services permit you, through your VW Car-Net account, to designate a “Primary Driver” and “Secondary Drivers” of the Vehicle. The “Primary Driver” is generally the owner or lessee of the Vehicle; whereas “Secondary Drivers” are any other individual(s) the Primary Driver designates and authorizes by name to use the Services. As between the Primary Driver and any Secondary Drivers, the Primary Driver retains ultimate authority to modify, cancel, change, reactivate, or transfer the Services. As a reminder, these Terms of Service apply to you, including the Primary Driver and any Secondary Driver.
You are responsible for ensuring the accuracy of all information you use to set up and access your Car-Net account.
3. How the Services Work; Restrictions and Limitations
3.1 Equipment and Coverage Area
The Services are provided using hardware and software in your Vehicle (“Equipment”) that enables your Vehicle to receive telematics and other services though the wireless communication networks of wireless service providers and the Global Positioning System (“GPS”) satellite network. The Equipment is designed to receive GPS signals and communicates with our response centres through the use of wireless and landline communications networks. The location of your Vehicle, particularly in rural or enclosed areas, may affect the availability and quality of the Services. Some or all of the Services may not be available in all areas. The Services may only be available if your Vehicle is in a geographic area covered by the service network footprint (and within operating range) of one of our wireless providers and is able to receive GPS signals and/or there is sufficient bandwidth to access the Services. The Services are currently only available in Canada. Notwithstanding the foregoing Services area restriction, it may be possible for your Vehicle to send and receive data in areas when Services are not available.
NOT ALL SERVICES ARE AVAILABLE EVERYWHERE, PARTICULARLY IN RURAL OR ENCLOSED AREAS, AND/OR AT ALL TIMES.
*** THE FOLLOWING PROVISION DOES NOT APPLY IN JURISDICTIONS WHERE IT IS PROHIBITED BY LAW, SUCH AS IN QUEBEC. ***
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY RELEASE US AND OUR VW CAR-NET SERVICE PROVIDERS (DEFINED IN SECTION 3.3 BELOW) FROM ALL LIABILITIES AND LOSSES (INCLUDING, WITHOUT LIMITATION, PHYSICAL INJURY AND DEATH) THAT YOU OR OTHERS MAY SUFFER IN A SITUATION WHERE SOME OR ALL OF THE SERVICES ARE NOT AVAILABLE.
3.2 Our Privacy Practices with Respect to Your Vehicle and Data
The personal information collected from the Vehicle and the other information you provide to us in connection with the Services are collected, used and disclosed in accordance with the Volkswagen Canada Privacy Policy . For more detailed information on our privacy practices with respect to the Services, please refer to the Car-Net section of the Volkswagen Canada Privacy Policy.
3.3 Third-Party Service Providers
We may work with many different companies, individuals, organizations, and government entities to provide you with the Services. These may include, for example and without limitation, telecommunications providers, wireless providers, call centre service providers, public safety operators, emergency personnel, towing companies, equipment and software manufacturers, licensors, and any parties that provide any service, equipment, feature, or facilities necessary for the Services to work. These parties are collectively referred to in these Terms of Service as our “VW Car-Net Service Providers.” In some cases, a Volkswagen Canada's parent, affiliate or subsidiary may be a VW Car-Net Service Provider. As described in further detail below, VW Car-Net Service Providers may be "Integrated Content Providers" or "Optional Third Parties".
Integrated Content Providers
The Services may include offerings from various third parties with whom we contract to provide their products and services through VW vehicles (“Integrated Content Providers”) whose services are integral to the Services, and without which many of the Services may not work. Volkswagen Canada does not create or control the content offered by these Integrated Content Providers. The Integrated Content Providers are exclusively responsible for the content and the availability of the content accessible through the Services.
Please note that services from Integrated Content Providers will be subject to their terms and conditions and privacy notices. Links to the additional terms and conditions of Integrated Content Providers may be found on the https://carnet.vw.ca/login?ui_locales=en-CA or in the myVW App. Your agreement to these Terms of Service and use of the Services to which you subscribe constitutes your agreement to any such Integrated Content Provider terms.
Optional Third Parties
In addition to the Integrated Content Providers’ services available as part of the Services, you may be able to obtain or purchase additional products or services from other third parties that we introduce or with whom you independently engage through the Car-Net platform (“Optional Third Parties”). Such products and services are not integral to the basic operation of the Services, but may be added by you in order to receive additional services and/or content from the Car-Net platform. Examples of services provided by Optional Third Parties may potentially include remote package, fuel or other in-vehicle delivery; car sharing; tolling pricing; usage-based insurance; or other third‑party services. Products or services from such Optional Third Parties will be subject to their own separate terms and conditions and privacy statements that you will need to accept in order to take advantage of such products or services.
BY FACILITATING YOUR ACCESS TO ANY PRODUCTS OR SERVICES PROVIDED BY ANY INTEGRATED CONTENT PROVIDERS OR OPTIONAL THIRD PARTIES, VOLKSWAGEN CANADA MAKES NO REPRESENTATIONS, CONDITIONS, WARRANTIES OR GUARANTEES ABOUT OR ENDORSEMENTS OF SUCH PRODUCTS OR SERVICES. YOUR RELATIONSHIP IN CONNECTION WITH THESE PRODUCTS OR SERVICES IS SOLELY BETWEEN YOU AND THE APPLICABLE CONTENT PROVIDERS OR OPTIONAL THIRD PARTIES.
3.4 Wireless Wi-Fi Hotspot
Without limiting the generality of Section 3.3 above, if you select the Wi-Fi hotspot services as part of your Services, then a third party wireless service provider will be the VW Car-Net Service Provider of that service (“Wireless Provider”). The Wireless Provider’s terms and conditions shall apply solely to the Wi-Fi hotspot services ordered and in the event of a conflict between the Wireless Provider’s terms and conditions and these Terms of Service, these Terms of Service shall govern.
3.5 Software, Updates and License Terms
We use software in connection with many of the Services. Software copies and updates installed on the Services are not sold, only licensed to you personally on a non-exclusive, non-transferable, limited and revocable basis, to use the Services as permitted in your Service Plan and these Terms of Service and subject to these Terms of Service, in particular but not limited to Sections 8.4, 8.5 and 8.6. You do not acquire any rights in such software other than the foregoing license.. We reserve all intellectual property rights and other rights and interests in the Services and the software and grant no license, except as expressly granted in these Terms.
To the fullest extent permitted by applicable law, we or our VW Car-Net Service Providers may update or modify the software contained in your Vehicle’s systems or the Equipment from time to time, and we may (where permitted by applicable law) do so remotely, without notifying you, and without your consent. These software updates and modifications may affect or erase data that you have previously stored on the Equipmentin your Vehicle (such as specific route or destination information). We and our VW Car-Net Service Providers 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 Services.
3.6 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 Services. We do not represent or guarantee that such software will recognize or work with your or other voices, accents, or speech patterns, or recognize some or all words, some or all of the time.
3.7 Events Beyond Our Control / Force Majeure
Variousevents or conditions beyond our control may prevent or delay us from providing any or all of the Services to you, or affect the quality of the Services. The availability of the Services is not guaranteed. We are not responsible for failure or delay in providing the Services if caused by acts of nature or forces or conditions beyond our control, including, but not limited to, congestion, outages, or failure of public utilities, internet, computers, telecommunications, or wireless networks (such as interruption of cellular service); acts of war; act of God; government actions; terrorism; civil disturbances; labour shortages, strikes, or difficulties (regardless of cause); atmospheric, geographic, or topographic conditions (such as tall buildings, hills, or tunnels); inclement weather; natural disaster; damage to or failure to maintain your Vehicle or the Equipment in good working order; or government laws, rules, or regulations. In the event of any of the foregoing or similar events beyond our control, we may, in our discretion, suspend or terminate the Services (in whole or in part) or terminate these Terms of Service, without notice to you or other liability to you.In the case of a suspension, the suspended Service will cease to operate after the Vehicle has been turned off and before it is turned on again.
We do not guarantee that all Services will be provided indefinitely or using the same technology. In addition, availability of the Services may be subject to certain technologies remaining commercially available for the usage period (including technologies provided by Wireless Providers), and such availability is not guaranteed. As a result, we reserve the right to change the technology used to provide the Services or to cease providing any or all Services provided that in the event of such cessation, we will provide you with no less than 60 days prior notice of the termination date of VGCA's use of the then-current technology. If, in this case, we elect to terminate the Services (in whole or in part), you may be entitled to a refund in an amount based on the number of months remaining in your pre-paid usage term.
In the event of any regulatory, governmental, or other legally-compelled changes, or discontinuation or change of necessary telecommunications, systems, services, or technologies (for example, if your wireless provider terminates, sunsets, or restricts wireless services or communication technologies of the type used by your Vehicle’s Equipment), it may be necessary to replace Equipment for you to continue to receive Services. You are solely responsible for replacing, as well as for the cost of replacing, any Equipment that is necessary to receive the Services as a result of such change or discontinuation.
4. Service Plans
Current information about Services and Service Plans available for Vehicles are available at the Car-Net® - Get More From Your VW Car | Volkswagen Canada
*** THE FOLLOWING PROVISION DOES NOT APPLY IN JURISDICTIONS WHERE IT IS PROHIBITED BY LAW, SUCH AS IN QUEBEC.***
We may, to the extent permitted by applicable law, change, add, or delete Services and Service Plans at any time with or without notice to you, provided that if we elect to terminate your Services (in whole or in part) under a VW Paid Plan (as defined below) prior to the end of the then-current usage period, you may be entitled to a refund in an amount based on the number of months remaining in your paid usage term.
4.1 Volkswagen Car-Net Services Basic Plan
Unless otherwise specified by Volkswagen Canada, the Volkswagen Car-Net services basic plan (the “Basic Plan”) is a Service Plan that is included with model year 2022 Vehicles at no additional cost to you. The Basic Plan runs for a specific period from the date the Vehicle is first purchased or leased from a VW dealership based on the model year and trim level of the Vehicle. The expiry date of the Basic Plan, along with other important information, is available in the details provided to you at enrollment and will also be provided to you for your records in the email confirming your enrollment. Specific features available with the Basic Plan are available on the VW Car-Net Website or on the myVW App, or both. Some VW Car-Net features require other factory-installed features in your Vehicle and, therefore, may not be offered or available in your Vehicle. If you do not know the features available in your Vehicle with the Basic Plan or the end date of the Basic Plan associated with your Vehicle, please contact a Car-Net Response Centre representative at 1-833-435-1011 to receive that information.
To continue to receive the services and features of the Basic Plan after the term of the Basic Plan expires, you may need to purchase or subscribe to one of our VW Paid Plans prior to the end of your Basic Plan term. To purchase or subscribe to one of our VW Paid Plans, please visit the VW Car-Net Website or the myVW App or call us at 1-833-435-1011.
4.2 Paid Service Plans; Subscriptions
Volkswagen Canada may make available certain paid Services and subscription-based Service Plans (collectively, “VW Paid Plans”) from time to time, each with various services and features for model year 2022 and newer Vehicles. Information about specific features and pricing (“Service Rates”) for Service Plans, including VW Paid Plans, is available at the VW Car-Net Website or on the myVW App or by calling us at 1-833-435-1011. VW Paid Plans may not include services provided by certain third parties which are subject to separate terms and conditions. See Section 3.3 of these Terms of Service for more information about Integrated Content Providers and Optional Third Parties and their services. Your ability to obtain certain VW Paid Plans is subject to you obtaining and maintaining your Basic Plan.
If you subscribe for or otherwise enroll in a new Service Plan, these Terms of Service are hereby amended to reflect the applicable terms and conditions associated with any such plan (e.g. pricing).
Once expired, you may potentially be able to renew the Services offered to you under your Basic Plan. In the event that you are required to pay for any such Services upon renewal, they will be deemed to be a VW Paid Plan.
5. Service Rates for VW Paid Plans; Payment Terms
5.1 Service Rates
Billing information for all VW Paid Plans, including, where applicable, the frequency and amount of any recurring charges, will be confirmed before you order a VW Paid Plan and are also specified on the VW Car-Net Website or the myVW App or are otherwise available by calling us at 1-833-435-1011.
To the extent permitted by law, we may increase the price of the VW Paid Plans at any time. We will notify you at least 90 days in advance of any price increases applicable to your Service Rate for any VW Paid Plan, in which event, you will have the opportunity to cancel any applicable Services if you do not agree to the new Service Rate. If you refuse such a price increase, you have the right to cancel the applicable Services without cost, penalty or cancellation indemnity, by sending us a notice to that effect no later than 30 days after the changes come into force. If you do not notify us within 30 days of the date of the price increase that you are cancelling your Service, your continued use of the Service indicates your acceptance to such changed Service Rate. Service upgrades, enhancements, or updates that you request and that we may provide, in our sole discretion, may be subject to additional fees or charges for which you will be fully responsible.
5.2 Payment Authorization
You may be asked to provide us with a valid credit card number from a credit card issuer that we accept in order to activate certain Services. Notwithstanding anything to the contrary in these Terms of Service, we are not obligated to accept any particular method of payment. You hereby authorize Volkswagen Canada to charge and/or place a hold on your credit card for all amounts due by you in accordance with the payment terms applicable to your particular VW Paid Plan. In the event your payment is returned for insufficient or uncollected funds, you authorize us to resubmit, except as otherwise provided by law or applicable Payments Canada or other applicable standards or rules. Fees associated with your payment account including, but not limited to, insufficient funds fees, reversal fees, or overdraft fees, are your sole responsibility and will not be reimbursed by us.
We may verify, either ourselves or through third parties, your credit card information. We may receive automatic updates of your credit card information from the financial institution that issued your card in order to keep payment information current. Notwithstanding the foregoing sentence, if your payment information has changed at the time payment is due, you must arrange for payment or provide us with updated payment information, or else we may discontinue the Services. We may terminate or suspend your Services (in whole or in part) without notice to you, if your credit card provider refuses a charge from us, or if such card has otherwise expired. Even if we terminate or suspend your Services, you will, to the extent permitted by law, still be responsible for any charges due at the time of such suspension or termination. In the case of a suspension, the suspended Service will cease to operate after the Vehicle has been turned off and before it is turned on again.
5.3 Payment of Recurring Charges
In the event you are enrolled in a VW Paid Plan with an automatic renewal feature, you authorize us to use your credit card to automatically charge recurring fees due for renewal of or continued subscription to a VW Paid Plan. All recurring payments will be due in the amounts and frequency specified for the particular VW Paid Plan and will be charged in advance of the term to which they apply. If your billing cycle falls on a weekend or holiday, we may charge you on the next business day. To cancel the Services and stop automatic renewal or recurring payments under a VW Paid Plan, follow the instructions in Section 6.1 of these Terms of Service.
5.4 Taxes, Fees, and Surcharges; Other Charges
Service Rates for VW Paid Plans do not include certain taxes, fees, and surcharges that may apply to your Service, which are outlined when you purchase your VW Paid Plan. In addition to all applicable Service Rates, you agree to pay all such taxes, fees, and surcharges. Without limiting the foregoing, we may impose a surcharge or fee applicable to your credit card payments in an amount that is not greater than the amount paid by us to our payment processor for processing the transaction.
You are responsible for paying directly to third parties, such as medical providers, emergency responders, and roadside assistance providers, all fees, charges, surcharges and fines for products or services furnished by them directly to you that are not expressly covered by your Service Plan. Any fees, fines, or other charges levied by law enforcement agencies or authorities and/or public safety access services, due to a false alarm or similar occurrence, and related costs, will be your responsibility. We may bill you such charges and costs directly to you, and you agree to pay such charges and costs upon receipt.
5.5 Disputed Charges
If you think that there has been an error in any charge billed by or through us, you must notify us by calling 1-833-435-1011 within 60 days, or such longer period as required by law, after the charge is posted to your account to request an adjustment. If you do not contact us about the disputed charge within this time period, you agree that you have waived your right to dispute the charge and must pay all amounts due in full. If you wish to dispute any charges billed by an Integrated Content Provider or Optional Third Party for their services, you must contact that party directly. For example, for Parkopedia, see: https://www.parkopedia.ca/contact-us/ ; and for Rogers, see: https://www.rogers.com/consumer/support/contactus .
6. Service Cancellations and Refunds
6.1 How to Cancel Service Plans
You can cancel or terminate your Service Plan (including your VW Paid Plan) at any time by calling a Car-Net Response Centre representative at 1-833-435-1011 or visiting your account profile on the VW Car-Net Website or the myVW App and following the instructions to cancel a Service Plan. If you are participating in a VW Paid Plan, you must provide your notice of cancellation at least 15 days prior to the start of your next renewal period in order to avoid being charged for the next renewal period. Your cancellation of a Service Plan will be effective as of the date of your cancellation request.
For the avoidance of doubt, when you cancel a VW Paid Plan, your cancellation will be effective as of the date you request your VW Paid Plan to be cancelled. For Services provided by Integrated Content Providers or Optional Third Parties pursuant to their separate terms and conditions, you must follow the cancellation terms and requirements specified in those terms and conditions. We will endeavor to post links to the terms and conditions of our VW Integrated Content Providers and Optional Third Parties on the https://carnet.vw.ca/login?ui_locales=en-CA or the myVW App.
Please note that unless and until you cancel all Service Plans in which you have enrolled (including the Basic Plan and any VW Paid Plans), data may continue to be collected from your Vehicle for the Service Plan in which you remain enrolled. Even if you cancel your Service Plan, your Vehicle may continue to have a functioning i-Button (as described in Section 7.1 of these Terms of Service) that may allow you to reach a Car-Net Response Centre representative.
Please see Section 9 for notice and cancellation requirements if you transfer or sell your Vehicle.
6.2 Refund Policy
You are not eligible to receive any refunds whatsoever with respect to your Basic Plan. For the avoidance of doubt, no refund of your Basic Plan will be available to you -- even if, for example, you terminate these Terms of Service or if your Vehicle become a total loss.
If you cancel Services provided through a VW Paid Plan, the Services shall be disabled, and you must pay all unpaid fees due to Volkswagen Canada for the Services provided during the term of the VW Paid Plan. Any prepaid usage fees for the remaining term of the VW Paid Plan shall be automatically credited in full to your credit card on file. Please allow 14 days to complete such refund. No credits or refunds shall be issued by cheque, money order, debit card, or any other method other than crediting your credit card on file.
Volkswagen Canada may, in our sole discretion, offer a credit on a case-by-case basis for a VW Paid Plan should your Vehicle become a total loss, as determined by us in our sole discretion, and if you notify us within seven days of the Vehicle loss incident by calling Car-Net Response Centre at 1‑833‑648-2735. We may also, in our sole discretion, give a credit for a VW Paid Plan (in an amount determined by us) for continuous Service interruption of more than 24 hours on a case‑by‑case basis, if such interruption was reasonably within our control, and if you notify us within seven days of the continuous interruption.
*** THE FOLLOWING PROVISION DOES NOT APPLY IN JURISDICTIONS WHERE IT IS PROHIBITED BY LAW, SUCH AS IN QUEBEC.***
Any such credit shall constitute your sole and exclusive remedy for such failures, and you waive and release us from any further liability to you in connection with such Service interruption.
7. Terms Applicable to Specific Services or Service Features
7.1 Use of Service Buttons (Three-Button Module)
i-Button
Wrench Button
SOS Button
Your Vehicle may be equipped with certain service buttons, which may include the i-Button, Wrench Button, and SOS Button. Please consult the owner’s manual for information service buttons including important warnings. Subject to your Vehicle’s Equipment, the plan that you have enrolled in, and connectivity requirements: (i) all Services available through information assistance may be accessed through use of the i-Button in your Vehicle; (ii) the Services that may be available to you for non-emergency roadside assistance (such as help with flat tires) can be accessed through the Wrench Button in your Vehicle; and (iii) the Services provided for emergency assistance may be accessed through use of the SOS Button in your Vehicle.
If you have enrolled in a plan for Services, but have not created a Car-Net account through the VW Car-Net Website or the myVW App, Services available through the i-Button and SOS Button will be limited. Certain features that require user authentication will not be available until your Car-Net account has been created. The i-Button, Wrench Button, and SOS Button may not be available during system updates or changes, or due to reasons otherwise specified in these Terms of Service.
Calls with our Car-Net Response Centre representatives, emergency personnel, or law enforcement may be monitored or recorded for purposes of quality assurance, issue resolution, maintaining service, training, or promoting or providing services. Our Car-Net Response Centre representatives and our VW Car-Net Service Providers’ 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): (I) EXPRESSLY CONSENT TO THE MONITORING AND RECORDING ACTIVITIES DESCRIBED HEREIN FOR THE PURPOSES OF PROVIDING THE SERVICES; AND (II) TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, RELEASE US AND OUR VW CAR-NET SERVICE PROVIDERS FROM ANY CLAIMS, LIABILITIES, AND LOSSES RESULTING IN CONNECTION WITH ANY SUCH MONITORED AND/OR RECORDED COMMUNICATIONS.
7.2 Non-Emergency Roadside Assistance
Non-emergency roadside assistance (such as help with a flat tire) accessed through the Wrench Button in your Vehicle is provided by VW Car-Net Service Providers, and may involve additional costs. For example, you may be required to pay fees to a towing company if your car is towed for repair service. If certain roadside assistance services were included in the purchase of your Vehicle for a limited period of time, such third party fees may be covered during that time, and you will be required to pay the third party fees following the expiration of the included roadside assistance period or those third party fees for services that were not included in the purchase of your Vehicle.
7.3 Emergency Assistance
We will attempt to contact appropriate emergency personnel, such as police, fire department, or emergency responders, for assistance when you request it through use of a service button or when theEquipment in your Vehicle signals for it, but we cannot guarantee that any such emergency personnel will respond in a timely manner or at all. We will assume an emergency exists if we receive a crash notification signal from your Vehicle, such as a signal that your air bags have deployed. If applicable laws require an emergency to be confirmed before emergency personnel provide service, we will not contact emergency personnel in these areas until we hear your request for assistance, reasonably believe an emergency exists, or otherwise confirm that an emergency exists.
*** THE FOLLOWING PROVISION DOES NOT APPLY IN JURISDICTIONS WHERE IT IS PROHIBITED BY LAW, SUCH AS IN QUEBEC.***
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU (FOR YOURSELF AND YOUR VEHICLE’S OCCUPANTS AND ANYONE ELSE ACTING OR USING THE SERVICE ON YOUR BEHALF) EXPRESSLY RELEASE US AND OUR VW CAR-NET SERVICE PROVIDERS FROM ALL LIABILITIES AND LOSSES (INCLUDING, WITHOUT LIMITATION, PHYSICAL INJURY AND DEATH) THAT YOU OR OTHERS MAY SUFFER IN AN EMERGENCY SITUATION INCLUDING, BUT NOT LIMITED TO, IN THE EVENT OF OUR FAILURE TO CONTACT APPROPRIATE EMERGENCY PERSONNEL, OR A SITUATION WHERE THE I-BUTTON, WRENCH BUTTON, OR SOS BUTTON OR SERVICES ARE NOT AVAILABLE.
YOU MUST HAVE A WORKING ELECTRICAL SYSTEM AND ADEQUATE BATTERY POWER FOR THE EMERGENCY CALL AND CRASH NOTIFICATION FEATURES TO BE AVAILABLE.
7.4 Locating Your Vehicle If It Is Stolen
If you have paid for the applicable Service Plan that includes location service(s) for stolen vehicles, we will attempt to locate your Vehicle if it has been stolen. Our policy is to only provide location information about stolen vehicles directly to law enforcement after receipt of required information and confirmation that the vehicle is stolen. Neither we nor our VW Car-Net Service Providers have any obligation to continue our attempts to locate your Vehicle after 30 days from the time it is first reported stolen to us, and we cannot guarantee that we will be able to find it. We do not have any obligation to try to find your Vehicle outside of a Vehicle theft situation, such as trying to locate an individual for you. If your Service Plan provides you with the ability to locate your Vehicle, such as through a mobile application, you should not use this feature to try to locate a stolen vehicle for your own safety. Such efforts are for appropriate law enforcement agencies only.
To enable you to continue to receive the benefits of the Services in the event your Vehicle is recovered, we do not terminate the Services when you report that your Vehicle is stolen, and we will not terminate the Services unless and until we get express instructions from you. However, if we have activated a stolen vehicle location service for your Vehicle, some Services may be suspended or unavailable during the time the stolen vehicle location service is activated.
7.5 Vehicle Health Reports
Your Service Plan may allow you to receive point-in-time diagnostic information regarding your Vehicle’s operations (“Vehicle Health Report”). Not all systems and components are reported by the Vehicle Health Report. The Vehicle Health Report does not replace the need to perform scheduled maintenance and vehicle inspections. Refer to your Vehicle’s warning and indicator lights for the most current diagnostic information. Always consult owner’s literature for maintenance guidelines. You should always follow the Vehicle’s scheduled maintenance instructions, regularly inspect your Vehicle, and seek diagnosis and repair of damage or concerns at an authorized VW dealership. Failure to perform scheduled maintenance and regularly inspect your Vehicle may result in vehicle damage, serious injury, and/or lack of warranty coverage.
7.6 Scheduling Service Appointments
Depending on your Service Plan and your VW dealership’s participation in the program, you may be able to schedule an appointment with your VW dealership through the Service. Your request for a service appointment is a request that you send to your VW dealership and is not an agreement by us or your VW dealership to accept all the items contained in your request or complete them. If you would like to change the VW dealership that we have on file for you, you can change it using the VW Car-Net Website or myVW App. Your VW dealership reserves the right at any time to decline or cancel any appointment at any time after you schedule it. Your VW dealership will endeavor to give you notice of such cancellation.
By accepting these terms, you confirm that you have reviewed the Volkswagen Canada Privacy Policy and are aware that we may share your Vehicle data and personal information provided in connection with your VW Car-Net registration and use of the Services for the purposes of providing the requested services to you. You may be contacted by us or an authorized VW dealership to discuss certain information available from your Vehicle such as warning lights or, depending on your Service Plan, your Vehicle Health Report. Some Vehicle issues require immediate attention. You should not solely rely on the outreach described here to schedule service appointments or otherwise attend to your Vehicle; any outreach to you by us, any VW dealerships, or third parties is intended for your convenience only and does not replace your responsibility to perform scheduled maintenance, regularly inspect your vehicle, heed warnings and instructions in your owner’s manual, deliver your Vehicle to an authorized service provider for certain repairs, or comply with recall campaigns. You should always refer to your Vehicle’s warning and indicator lights for the most current diagnostic information and always consult your owner’s manual for maintenance and repair guidelines.
7.7 Use of Vehicle Data for Insurance Purposes
If you participate in DriveView™, a usage-based insurance-related program, additional terms of service apply. If you choose to enroll to obtain this particular service for no additional fees or expenses, it will form part of your Basic Plan. If you must pay an additional fee or expense to obtain this service, it will be deemed to be a VW Paid Plan.
7.8 Service Limitations Based on Model or Trim Levels
The services and features provided by the Services may not work with or be available to all models or trim levels of Vehicles. If you purchase your Vehicle from a VW dealership, the dealership should be able to inform you about any Services that your Vehicle does not support. Or, you may call the Car-Net Response Centre at 1-833-648-2735 to inquire.
7.9 Text and Data Rates and Voice Call Limitations
Standard text and data rates may apply to your use or receipt of certain Services. The Services are not intended to place or receive personal calls and are intended only to be used to place calls to Car-Net Response Centre representatives, emergency personnel, or law enforcement.
8. Your Additional Responsibilities
TO THE FULLEST EXTENT PERMITTED BY LAW,YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE USE OF OR ANY RELIANCE UPON ANY INFORMATION OR CONTENT AVAILABLE THROUGH THE SERVICES IS SOLELY AND COMPLETELY AT YOUR OWN RISK AND RESPONSIBILITY. IT IS YOUR SOLE RESPONSIBILITY TO ENSURE THAT YOU (AND/OR ANY OTHER DRIVER OR OCCUPANT OF YOUR VEHICLE) FOLLOW INSTRUCTIONS FOR USE OF THE SERVICES, EXERCISE GOOD JUDGMENT, AND OBEY TRAFFIC AND ALL OTHER APPLICABLE LAWS AND REGULATIONS WHEN OPERATING YOUR VEHICLE, USING THE EQUIPMENT AND SERVICES, AND/OR EVALUATING WHETHER THE USE OF ANY OF THE SERVICES (INCLUDING THE ROUTING AND DIRECTION DATA YOU RECEIVE) IS SAFE AND LEGAL UNDER THE CIRCUMSTANCES.
8.1 Maintaining Your Vehicle
In order for us to fully provide the Services, 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 Services may not work if you try to modify the Equipment or add any equipment or software in or to your Vehicle that is not expressly authorized by us or is not compatible with the Equipment or Services. 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 using them in compliance with these Terms of Service and all applicable laws. Always consult owner’s literature for maintenance guidelines and the Vehicle’s scheduled maintenance instructions.
8.2 Services Updates and Permissions
The Services also depend on components and other related Equipment in your vehicle. If those components and related Equipment are damaged, not compatible (including software updates, bug fixes, required maintenance and other such updates or maintenance to the Services), or if you have turned off permissions on which the Services rely to deliver all of their functionality (such as location sharing), then your ability to effectively use the Services may be compromised through no fault of Volkswagen Canada nor of our Service Providers. To the extent any updates or permissions are required for the Services, our ability to effectively deliver the Services depends on those updates and/or permissions. Therefore, if you delay or refuse updates or deny certain required permissions, this may compromise or completely prevent us from delivering the Services. You are responsible for ensuring those updates are installed when available, and those permissions activated when necessary, in order to benefit from the Services.
8.3 Insuring Your Vehicle
The Services do not constitute insurance and you should not rely on the Services 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 VW Car-Net Service Providers.
8.4 No Illegal, Fraudulent, or Abusive Use of the Services
You agree that you will not use the Equipment, the Services, the VW Car-Net Website, or the myVW App, or contact our Car-Net Response Centre representatives or emergency services for illegal, fraudulent, or abusive purposes, including to harass, threaten, abuse, defame, or slander, any individual or entity. You agree that you will use our emergency and roadside service only for actual emergencies and legitimate roadside assistance and remote vehicle door unlock needs. The remote door unlock is not intended as a substitute for carrying your Vehicle key with you.
You may not use the Services in a manner that interferes with any other customers’ use of our Services or our provision of our Services to our other customers. You agree you will not abuse or do anything to damage our or any of our VW Car-Net Service Providers’ respective businesses, operations, services, reputation, employees, equipment, property, or facilities. 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 Services if you exhibit such inappropriate behavior, in our sole discretion.
8.5 No Unauthorized Use of the Services or Software
You may not engage in any activity to deliberately damage the Services, including any software, data, or settings therein, or undermine the operation or the 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 any portion of the Services; or otherwise exploiting the Services in any unauthorized way. 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 reserve the right to disclose any information about you, including your account information and access to and use of your account: (i) to law enforcement as required or permitted; (ii) to enforce these Terms of Service; (iii) to comply with any court order, or (iv) as described or permitted in the Volkswagen Canada Privacy Policy .
8.6 No Resale of the Services and Limitation on Commercial Use
Except as may be permitted by Volkswagen Canada in writing, the Services, including the messages, data, information, content, or other material provided as part of the Services, are provided only for your personal use, and not for re-sale. Certain information you receive through the Services belongs to us or our VW Car-Net Service Providers (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 Services or any information provided through the Services for commercial purposes. You must not resell, copy, store, reproduce, distribute, modify, display, publish, perform, transmit, broadcast, attempt to reverse engineer, or create derivative works from the Equipment or otherwise display or distribute information or content you receive through the Services.
8.7 No Rights to Identifiers
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 Services. Any such number, address, or identifier may be changed from time to time.
9. Transferability - If You Sell Your Car
If you plan to sell or transfer your Vehicle or turn your Vehicle in at the end of its lease, you must notify us by contacting one of our Car-Net Response Centre representatives at 1-833-435-1011; and you must cancel your Service Plans in accordance with Section 6 of these Terms of Service.You remain responsible for the Services and any applicable fees due under the VW Car-Net account until you contact us and cancel Services. Any prepaid usage fees for the remaining term of the VW Paid Plan shall be automatically credited in full to your credit card on file. Please allow 14 days to complete such refund. No credits or refunds shall be issued by cheque, money order, debit card, or any other method other than crediting your credit card on file.
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 and other personal information may be available through the Equipment. We are not responsible for any privacy-related damages you or a third party may suffer as a result of such a failure to notify us of a sale or transfer of your Vehicle.
It is your responsibility to remove all data and content (including any personal information), if any, that you may have stored on your Vehicle before you sell or transfer your Vehicle. It is also your sole responsibility to cancel the Services related to the Vehicle you turn in, including any wireless data plan with your wireless provider or services provided by Optional Third Parties. You can check your owner’s manual or call the Car-Net Response Centre at 1-833-435-1011 to learn how to perform a factory reset or otherwise delete information stored on your Vehicle.
10. Rental and Fleet Vehicles
These Terms of Service also apply to drivers and users of rental cars and other company fleet vehicles that are equipped with the Equipment and have the Services activated by the owner or fleet manager.
It is the responsibility of the fleet vehicle owner or fleet manager to notify drivers and users of Vehicles of the Terms of Service and to ensure their compliance with these Terms of Service.
When you use the Services or drive a Vehicle from such fleet with active Services, these Terms of Service shall apply to your use.
Additional terms and conditions issued by Volkswagen Canada may apply to Services provided to fleet vehicles, and those additional terms and conditions will govern if they conflict with these Terms of Service. The owners or managers of the fleet may use the data collected through the Services in additional ways that are not covered in these Terms of Service or the Volkswagen Canada Privacy Policy . Therefore, you should check with the owners or managers of the fleet or rental cars if you have questions about any requirements, limitations, or data practices that may apply to your use of the VW Car‑Net‑equipped Vehicle or Services.
11. Term and Our Right to Terminate the Services and these Terms of Service
If you are a "Primary Driver", these Terms of Service will commence as described in Section 1 and will continue until: (i) the date upon which the last of your Service Plans expires or is terminated at your request; (ii) you terminate these Terms of Service; or (iii) we terminate these Terms of Service.
If you are a "Secondary Driver", these Terms of Service will commence as described in Section 1 and will continue until: (i) the date upon which the last of your Service Plans expires, or is terminated at the request of the applicable Primary Driver; (ii) you terminate these Terms of Service; or (iii) we terminate these Terms of Service.
Subject to the applicable terms outlined in these Terms of Service, we mayterminate these Terms of Service and/or suspend or terminate the Services (in whole or in part) 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 Service (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 of Service; (iv) due to any event beyond our control as described in Section 3.7 of these Terms of Service; (v) if the Volkswagen ID Terms of Use between us is terminated for any reason; or (vi) for reasons unrelated to you or your account with us (including for our convenience). If suspension or termination of the Services occurs for any reason, you acknowledge and agree that you may not be able to access the Services, including the emergency services.In the case of a suspension, the suspended Service will cease to operate after the Vehicle has been turned off and before it is turned on again.
If we elect to terminate these Terms of Service and/or your Services (in whole or in part) as a result of your breach of these Terms of Service or unauthorized use of the Services or Equipment, youdo not have any right to have your Services 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 reactivate Services. If we do decide to reactivate your Services, we have the right to charge a reactivation fee, and any past due amounts must be paid before the Services are reactivated.
In addition, if we are advised by your financing company or any VW Company (as defined in Section 12), or otherwise receive confirmation that you no longer own or lease your Vehicle, we have the right, but not the obligation, to suspend or terminate these Terms of Service (and thus your Services). Please see Sections 6 and 9 above for requesting a transfer or cancellation of the Services.
This Section 11 does not include termination of services provided by an Integrated Content Provider or Optional Third Party (as defined in Section 3.3 of these Terms of Service) that are subject to separate terms and conditions.
12. Third-Party Beneficiaries
The parent, subsidiaries, and affiliates of Volkswagen Group Canada Inc., including its parent company, Volkswagen AG (each a “VW Company”) and all VW Car-Net Service Providers, are third party beneficiaries under these Terms of Service. As third party beneficiaries, they are covered by the same protections given to us under these Terms of Service, 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 of our VW Car-Net Service Providers or other third parties.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (I) NONE OF OUR VW CAR-NET SERVICE PROVIDERS HAVE ANY LEGAL, EQUITABLE, OR OTHER LIABILITY OF ANY KIND TO YOU UNDER THESE TERMS OF SERVICE; AND (II) YOU EXPRESSLY WAIVE ANY AND ALL CLAIMS OR DEMANDS FOR SUCH LIABILITY .
13. Changes to These Terms of Service
To the extent permitted by law, you agree that we may change, modify, add to or remove portions of these Terms of Service at any time (including the fees that we may charge for the Services, as well as the warranties, limitations of liability, release, and dispute resolution provisions contained in these Terms of Service). We will notify you at least 30 days before the change comes into force of such change by sending notice of or otherwise posting amended terms through your VW Car-Net account and otherwise as required by law. 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 of Service periodically and when notified of a change. If you do not agree to the change, you can cancel the Services without cost, penalty or cancellation indemnity, by sending us a notice to that effect no later than 30 days after the changes come into force. If you do not cancel Services within 30 days after the effective date of the change, then the change will become part of our agreement with you. You agree that you are accepting such changes for yourself and any additional users of the Services using your Vehicle.
14. Intellectual Property
The Services are protected by Canadian and foreign copyright laws and 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 Services, including the content, text, images, audio, and video without our express, prior written permission.
15. Trademarks
Any trademarks, logos, and service marks (collectively “Marks”) displayed in connection with the Services are the registered and/or unregistered trademarks of Volkswagen Canada or other third parties. Nothing contained in these Terms of Service or the Services 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.
16. Disclaimer of Representations and Warranties
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 OF SERVICE, IN WHICH CASE OURREPRESENTATIONS, WARRANTIES AND CONDITIONS SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
NEITHER VOLKSWAGEN CANADA, ANY VW COMPANY, NOR OUR VW CAR-NET SERVICE PROVIDERS REPRESENT, WARRANT OR GUARANTEE THAT SERVICES WILL BE AVAILABLE AT ANY SPECIFIC TIME OR AT ALL TIMES OR IN ANY GEOGRAPHIC LOCATION, OR THAT THE SERVICES WILL BE PROVIDED WITHOUT INTERRUPTION, DELAY, OR ERROR. NEITHER VOLKSWAGEN CANADA, ANY VW COMPANY, NOR OUR VW CAR NET SERVICE PROVIDERS MAKE ANY REPRESENTATIONS, CONDITIONS, GUARANTEES OR WARRANTIES, EXPRESS OR IMPLIED, ABOUT: (I) THE EQUIPMENT OR ANY OTHER HARDWARE OR SOFTWARE USED WITH THE SERVICES, EXCEPT AS PROVIDED BELOW; (II) THE SERVICES, INCLUDING THE DURATION AND ONGOING AVAILABILITY OF SERVICES, AND THE TECHNOLOGIES UPON WHICH THE SERVICES RELY; (III) NONINFRINGEMENT; OR (IV) ANY DATA OR INFORMATION OR OTHER SERVICES PROVIDED THROUGH THE SERVICES. THIS INCLUDES, WITHOUT LIMITATION, REPRESENTATIONS, CONDITIONS, GUARANTEES 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, GUARANTEES AND WARRANTIES ARE EXPRESSLY EXCLUDED BY THESE TERMS OF SERVICE. VOLKSWAGEN CANADA EXPRESSLY DISCLAIMS ANY AND ALL EXPRESS AND IMPLIED REPRESENTATIONS, GUARANTEES, CONDITIONS AND WARRANTIES WITH RESPECT TO THE SERVICES AND EQUIPMENT. THE ONLY REPRESENTATIONS, GUARANTEES, CONDITIONS OR WARRANTIES APPLICABLE TO THE EQUIPMENT IN YOUR VEHICLE ARE THOSE PROVIDED AS PART OF YOUR PURCHASE OR LEASE OF YOUR VEHICLE. SUCH REPRESENTATIONS, CONDITIONS, GUARANTEES, AND WARRANTIES DO NOT COVER THE SERVICES, IN WHOLE OR IN PART.
17. Limitation of Liability
BY ACCEPTING THESE TERMS OF SERVICE OR BY USING THE EQUIPMENT OR SERVICES, WHICHEVER OCCURS EARLIER, YOU ARE WAIVING IMPORTANT RIGHTS, AND YOU HEREBY PROVIDE YOUR EXPRESS CONSENT TO VARIOUS ACTIONS TO BE TAKEN BY US, THE VW COMPANIES, AND OUR VW CAR-NET SERVICE PROVIDERS.
THE FOLLOWING PROVISION DOES NOT APPLY TO QUEBEC CONSUMERS .
YOU ACKNOWLEDGE AND AGREE THAT NEITHER WE, NOR ANY VW COMPANY NOR OUR VW CAR-NET SERVICE PROVIDERS ARE LIABLE FOR: (I) OUR INABILITY TO CONTACT ANY VW CAR‑NET SERVICE PROVIDERS OR OTHER PARTY IN ANY PARTICULAR SITUATION (INCLUDING ANY EMERGENCY PERSONNEL); (II) ANY ACT OR OMISSION OF ANY OTHER COMPANY, ORGANIZATION, OR GOVERNMENT ENTITY FURNISHING A PART OF OUR SERVICES OR ANY EQUIPMENT PROVIDED FOR SUCH SERVICES, INCLUDING ANY SUCH COMPANY, ORGANIZATION, OR GOVERNMENT ENTITY’S DECISION TO DISCONTINUE OR SUNSET ANY TECHNOLOGIES UPON WHICH THE SERVICES CURRENTLY, OR IN THE FUTURE, RELIES UPON FOR OPERATION; (III) ERRORS OR OMISSIONS OF ANY SERVICE PROVIDERS, VENDORS, DEALERSHIPS, OR MANUFACTURERS PARTICIPATING IN OFFERS MADE THROUGH US; OR (IV) 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 OR SERVICE, OR ANY PRODUCT OR SERVICE PROVIDED BY OR MANUFACTURED BY THIRD PARTIES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS OF SERVICE, IF VOLKSWAGEN CANADA, ANY VW COMPANY, AND/OR ANY OF OUR VW CAR-NET SERVICE PROVIDERS ARE FOUND TO BE LIABLE TO YOU FOR ANY REASON, YOU AGREE THAT THE MAXIMUM, AGGREGATE LIABILITY OF US, ANY VW COMPANY, AND OUR VW CAR-NET SERVICE PROVIDERS TO YOU, AND YOUR EXCLUSIVE REMEDY UNDER ANY THEORY OR FOR ANY CAUSE WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, ANY FAILURE OR DISRUPTION OF SERVICES PROVIDED UNDER THESE TERMS OF SERVICE, MISREPRESENTATION, BREACH OF CONTRACT, PERSONAL INJURY, OR PRODUCTS LIABILITY), SHALL BE LIMITED TO AN AMOUNT EQUAL TO THE GREATER OF: (I) THE PORTION OF THE SERVICE RATES CHARGED TO YOU FOR THE SERVICES THAT ARE THE SUBJECT OF THE CLAIM FOR THE PERIOD OF SERVICE DURING WHICH ANY RESULTING DAMAGES OCCURRED; AND (II) $100.00 CAD. YOU ACKNOWLEDGE AND AGREE THAT NEITHER Volkswagen Canada, NOR ANY VW COMPANY, NOR ANY VW CAR-NET SERVICE PROVIDERS WOULD HAVE AGREED TO PROVIDE THE 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, ANY VW COMPANY, AND OUR VW CAR-NET SERVICE PROVIDERS TO YOU. IN NO EVENT SHALL WE, ANY VW COMPANY, OR OUR VW CAR-NET SERVICE PROVIDERS 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, LOST DATA OR LOST REVENUE (REGARDLESS OF WHETHER VOLKSWAGEN CANADA, ANY VW COMPANY, OR OUR VW CAR-NET SERVICE PROVIDERS 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 LIMIT OR DO NOT ALLOW EXCLUSIONS OR LIMITATIONS ON CERTAIN DAMAGES SO SOME OF THE LIABILITY LIMITATIONS AND EXCLUSIONS IN THIS SECTION 17 MAY NOT APPLY, IN WHICH CASE OUR LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
18. Limitation of Liability – Quebec Consumers
YOU ACKNOWLEDGE AND AGREE THAT NEITHER WE, NOR ANY VW COMPANY NOR OUR VW CAR-NET SERVICE PROVIDERS ARE LIABLE FOR, EXCEPT TO THE EXTENT OF DAMAGES RESULTING AS CONSEQUENCES OF OUR OWN ACTS OR THOSE OF OUR REPRESENTATIVES: (I) OUR INABILITY TO CONTACT ANY VW CAR‑NET SERVICE PROVIDERS OR OTHER PARTY IN ANY PARTICULAR SITUATION (INCLUDING ANY EMERGENCY PERSONNEL); (II) ANY ACT OR OMISSION OF ANY OTHER COMPANY, ORGANIZATION, OR GOVERNMENT ENTITY FURNISHING A PART OF OUR SERVICES OR ANY EQUIPMENT PROVIDED FOR SUCH SERVICES, INCLUDING ANY SUCH COMPANY, ORGANIZATION, OR GOVERNMENT ENTITY’S DECISION TO DISCONTINUE OR SUNSET ANY TECHNOLOGIES UPON WHICH THE SERVICES CURRENTLY, OR IN THE FUTURE, RELIES UPON FOR OPERATION; (III) ERRORS OR OMISSIONS OF ANY SERVICE PROVIDERS, VENDORS, DEALERSHIPS, OR MANUFACTURERS PARTICIPATING IN OFFERS MADE THROUGH US; OR (IV) 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 OR SERVICE, OR ANY PRODUCT OR SERVICE PROVIDED BY OR MANUFACTURED BY THIRD PARTIES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS OF SERVICE, IF VOLKSWAGEN CANADA, ANY VW COMPANY, AND/OR ANY OF OUR VW CAR-NET SERVICE PROVIDERS ARE FOUND TO BE LIABLE TO YOU FOR ANY REASON, YOU AGREE THAT, EXCEPT TO THE EXTENT OF DAMAGES RESULTING AS CONSEQUENCES OF OUR OWN ACTS OR THOSE OF OUR REPRESENTATIVES, THE MAXIMUM, AGGREGATE LIABILITY OF US, ANY VW COMPANY, AND OUR VW CAR-NET SERVICE PROVIDERS TO YOU, AND YOUR EXCLUSIVE REMEDY UNDER ANY THEORY OR FOR ANY CAUSE WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, ANY FAILURE OR DISRUPTION OF SERVICES PROVIDED UNDER THESE TERMS OF SERVICE, MISREPRESENTATION, BREACH OF CONTRACT, PERSONAL INJURY, OR PRODUCTS LIABILITY), SHALL BE LIMITED TO AN AMOUNT EQUAL TO THE GREATER OF: (I) THE PORTION OF THE SERVICE RATES CHARGED TO YOU FOR THE SERVICES THAT ARE THE SUBJECT OF THE CLAIM FOR THE PERIOD OF SERVICE DURING WHICH ANY RESULTING DAMAGES OCCURRED; AND (II) $100.00 CAD. YOU ACKNOWLEDGE AND AGREE THAT, SUBJECT TO THE LIMITATIONS OUTLINED IN THIS PARAGRAPH, NEITHER VOLKSWAGEN CANADA, NOR ANY VW COMPANY, NOR ANY VW CAR-NET SERVICE PROVIDERS WOULD HAVE AGREED TO PROVIDE THE SERVICES TO YOU WITHOUT YOUR AGREEMENT TO THIS LIMITATION. YOU FURTHER ACKNOWLEDGE AND AGREE THAT, SUBJECT TO THE LIMITATIONS OUTLINED IN THIS PARAGRAPH, THE DAMAGES CAP SET FORTH IN THIS PARAGRAPH SHALL BE THE SOLE AND EXCLUSIVE LIABILITY OF US, ANY VW COMPANY, AND OUR VW CAR-NET SERVICE PROVIDERS TO YOU. SUBJECT TO THE LIMITATIONS IN THIS PARAGRAPH, IN NO EVENT SHALL WE, ANY VW COMPANY, OR OUR VW CAR-NET SERVICE PROVIDERS 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, LOST DATA OR LOST REVENUE (REGARDLESS OF WHETHER VOLKSWAGEN CANADA, ANY VW COMPANY, OR OUR VW CAR-NET SERVICE PROVIDERS HAVE BEEN NOTIFIED THAT SUCH LOSS MAY OCCUR); OR (II) LEGAL FEES.
EXCEPT TO THE EXTENT OF DAMAGES RESULTING AS CONSEQUENCES OF OUR OWN ACTS OR THOSE OF OUR REPRESENTATIVES, 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.
19. Indemnification and ReleaseYOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS VOLKSWAGEN CANADA, ANY VW COMPANY, AND ANY VW CAR‑NET SERVICE PROVIDERS AND EACH OF OUR OR THEIR RESPECTIVE AFFILIATES, OFFICERS, DIRECTORS, CONTRACTORS, 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 YOUR (OR ANY OCCUPANT OF YOUR VEHICLE) USE OF THE SERVICES OR YOUR VIOLATION OF THESE TERMS OF SERVICE.
YOU AGREE THAT ALL TERMS OF THESE TERMS OF SERVICE THAT BY THEIR NATURE ARE INTENDED TO SURVIVE THE TERMINATION OR EXPIRATION OF YOUR SERVICE PLAN OR THE SERVICES PROVIDED THEREUNDER (INCLUDING WITHOUT LIMITATION ANY INDEMNIFICATION AND ANY LIMITATION OF LIABILITY CLAUSES SET OUT IN THESE TERMS OF SERVICE) SHALL SURVIVE EVEN AFTER SUCH SERVICE PLAN OR SERVICES HAVE TERMINATED OR EXPIRED.
*** THE FOLLOWING PROVISION DOES NOT APPLY IN JURISDICTIONS WHERE IT IS PROHIBITED BY LAW, SUCH AS IN QUEBEC.***
WITHOUT LIMITATION OF THE GENERALITY OF THE FOREGOING, YOU FURTHER AGREE (TO THE FULLEST EXTENT PERMITTED BY LAW) TO RELEASE VOLKSWAGEN CANADA, EACH VW COMPANY, AND EACH VW CAR-NET SERVICE PROVIDER FROM ALL CLAIMS, LIABILITIES, AND LOSSES IN CONNECTION WITH THE SERVICES 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 SERVICES, EVEN IF CAUSED BY THE DISCONTINUATION OF TECHNOLOGIES NOT CONTROLLED BY VOLKSWAGEN CANADA OR ANY VW COMPANY OR OTHER VW CAR-NET SERVICE PROVIDER, THE NEGLIGENCE OF VOLKSWAGEN CANADA, ANY VW COMPANY OR ANY OTHER VW CAR-NET SERVICE PROVIDERS, OR THE MALFUNCTION OF THE EQUIPMENT. YOU AGREE THAT THIS RELEASE EXTENDS TO ANY PARTY CLAIMING UNDER YOU AND THAT NO INSURANCE COMPANY WILL HAVE ANY RIGHT OF SUBROGATION.
20. Dispute ResolutionPLEASE FIRST CONTACT US FOR CUSTOMER SUPPORT IN THE EVENT OF ANY DISPUTE OR DISAGREEMENT RELATING TO THE 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 OF SERVICE 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.
*** THE FOLLOWING PROVISION DOES NOT APPLY IN JURISDICTIONS WHERE IT IS PROHIBITED BY LAW, SUCH AS IN QUEBEC. ***
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW:
(A) 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 OF SERVICE (INCLUDING RELATIONSHIPS WITH THIRD PARTIES WHO ARE NOT PARTIES TO ANY AGREEMENT BETWEEN YOU AND VOLKSWAGEN CANADA) 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 SUCH CLAIM, DISPUTE OR CONTROVERSY; AND
(B) WHERE APPLICABLE, YOU HEREBY AGREE TO OPT OUT OF ANY CLASS PROCEEDING AGAINST VOLKSWAGEN CANADA OTHERWISE COMMENCED.
WHERE THE ARBITRATION PROVISIONS OF THESE TERMS OF SERVICE ARE PROHIBITED BY THE LAW OF THE PROVINCE IN WHICH YOU ARE DOMICILED AND RESIDE, 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.
21. Contact InformationFor customer care issues or general inquiries regarding VW Car-Net, you may contact or notify us by using the i-Button or by dialing 1-833-435-1011. Such notices will be considered effective after we receive them. Any notice we send will be sent to your last known billing address or email address as shown on our records for the VW Car-Net account. 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 through the i-Button or toll free at 1-833-435-1011and you speak with a live Car-Net Response Centre representative. Notices applicable to all users may be posted through the VW Car-Net Website or myVW App.
22. Miscellaneous Terms
22.1 The Laws Governing Our Relationship
As above, to the fullest extent permitted by law and except as explicitly provided otherwise, these Terms of Service 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.
22.2 Entire Agreement
*** THE FOLLOWING PROVISION DOES NOT APPLY TO QUEBEC CONSUMERS.***
These Terms of Service (including your name, the date upon which you entered into these Terms of Service, together with the Service Plan (e.g. description and duration), price, payment terms, each as are expressly stated in your order confirmation, as well as any other documents incorporated herein) is the entire agreement between you and us with respect to the Services or related use of the Equipment. It supersedes all other agreements, communications, or representations, oral or written, between us, past or present, with respect to the Services or related use of the Equipment. 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 Equipment or the Services, unless such statements, agreements, representations, warranties, or covenants are expressly contained in or incorporated by these Terms of Service.
22.3 Effect of Termination or Non-Renewal of Terms of Service
Upon termination or expiration of these Terms of Service for any reason, you must immediately stop using the Services and your authorization to use the Services is automatically and immediately terminated. All provisions of these Terms of Service which, by their nature, survive termination or expiration, shall survive termination or expiration of these Terms of Service including, but not limited to, Section 16 (Disclaimer of Representations and Warranties), Section 17 (Limitation of Liability), Section 18 (Limitation of Liability – Quebec Consumers), Section 19 (Indemnification and Release), and Section 20 (Dispute Resolution).
22.4 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.
22.5 Relationship Between Volkswagen Canada, Service Providers, and You
Notwithstanding anything else herein, these Terms of Service do not create any fiduciary relationships between you and us, or between you and any VW Company or any of our other VW Car-Net Service Providers. 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 VW Company or any of our VW Car-Net Service Providers. These Terms of Service will also be binding on your heirs, successors and assigns, as well as on our successors.
22.6 Assignment by Volkswagen Canada
We may assign these Terms of Service, in whole or in part, to any individual, person, organization, partnership, or entity we choose, at any time, without notice to you, in our sole discretion. You may not assign these Terms of Service, in whole or in part, without our prior written,express consent.
22.7 Export
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 Equipment, software, or information to any foreign country. Any information transferred by you using the Services or the Equipment to any foreign country, entity, or person must comply with applicable export control requirements .
22.8 Language
The parties have required thatthese 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.
22.9 Questions
As above, if you have any questions about these Terms of Service, the Services, Equipment, Service Plans, or any other aspects of these Terms of Service, please contact a Car-Net Response Centre representative at 1-833-435-1011.