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As described in our Privacy Statement, we use cookies and other tracking
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with our website. We use and make such information available to third parties
for purposes such as analytics, security, and advertising. In certain cases,
you can modify how these technologies are used in our Preference Center by
clicking the button below.
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PRIVACY PREFERENCE CENTER
We use cookies and other tracking technologies, such as web beacons, pixels, and
tags, to gather information about you, your device, and how you interact with
our website. Although we do not "sell" this information for money, we engage in
routine online activities with third parties in ways that could be considered a
“sale,” “sharing,” or “targeted advertising” as defined under applicable law.
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1. Home
2. Terms
WEBSITE TERMS OF SERVICE
Initial Notice
Thank you for visiting our Website. Please read carefully the following legal
agreement before using this Website. By using this Website, you signify your
assent to these terms of use. If you do not agree to these terms of use, please
disconnect from and do not use this Website.
List of Restrictions
Neither the Website nor any element thereof, including, without limitation,
text, graphics, images, or other materials, may be copied, repurposed, uploaded,
posted, transmitted, or redistributed, except that you may download one copy of
such materials to your individual computer solely for your personal,
non-commercial use only (which also excludes any use by any governmental,
educational, charitable, or other institutional use that is not strictly a
personal use by you), provided that all copyright and other proprietary notices
appearing on such materials are strictly preserved without any alteration,
modification, or obfuscation. With respect to any software downloaded by you
from the Website, such software, and all elements thereof, are licensed to you
by Volkswagen of America, Inc. for your personal use only. You may not modify or
prepare derivative works based upon the Website, or any element thereof, and you
may not redistribute, sell, decompile, reverse engineer, disassemble, or
otherwise attempt to access the source code to any software downloaded from the
Website.
Scope of Content
The products and programs mentioned on the Website are subject to availability.
All prices shown are the U.S. Manufacturer's Suggested Retail Price ("MSRP") and
do not include extra costs, such as, but not limited to, taxes, dealer charges,
registration, and transportation. For specific product availability and program
information, please visit your local authorized Volkswagen dealer.
Reservation of Rights
All rights, titles, and interests in and to this Website are owned by Volkswagen
of America, Inc. The Website is protected by United States copyright law and
international treaty provisions, including, without limitation, the Berne
Convention. All trademarks, service marks, and trade names are proprietary to
Volkswagen of America, Inc. In particular, the Volkswagen logo, the word
"Volkswagen," all Volkswagen vehicle names, and the Volkswagen advertising
slogan are registered trademarks. None of the items mentioned herein may be used
without the express written consent of Volkswagen of America, Inc. All rights
not expressly licensed hereunder are reserved by Volkswagen of America, Inc.
Warranty Disclaimers
The Website and all elements thereof are provided on an "as is" basis without
warranty of any kind, express or implied. Volkswagen of America, Inc. makes no
representations about the suitability of the information, software, products,
and services contained on the Website for any purpose Volkswagen of America,
Inc. disclaims all warranties, express or implied, including, without
limitation, implied warranties of merchantability, fitness for a particular
purpose, or non-infringement. Volkswagen of America, Inc. does not warrant that
the Website will operate or perform in a manner that is uninterrupted or
error-free, or that the Website or host server will be maintained free of
viruses or other harmful code. Volkswagen of America, Inc. makes no warranties
that the information presented on the Website is current, up-to-date, or
accurate. Some states and jurisdictions do not allow limitations on implied
warranties, so the above limitation may not apply to you. The foregoing shall be
enforceable to the maximum extent permitted by applicable law.
Liability Limitations
Under no circumstance and regardless of legal theory, whether in tort, contract,
or otherwise, will Volkswagen of America, Inc. be liable to you or any other
party for an indirect, special, incidental, reliance, or consequential damages,
however caused and regardless of character, including, without limitation, any
damages relating to lost data, computer failure or malfunctioning, or otherwise.
Some states and jurisdictions do not allow the limitation of liability for
consequential or indirect damages, so the foregoing limitation may not apply to
you. The foregoing shall be enforceable to the maximum extent permitted by
applicable law. You agree to this allocation of risk in relation to your use of
the Website.
Zip Code Detection
You acknowledge and consent to the Website collecting your IP address via IP
sniffing and mapping your IP address to a Zip code through a third-party
database.
Do Not Track Signals
Some browsers have incorporated Do Not Track (DNT) preferences. Most of these
features, when turned on, send signals to the website you are visiting that you
do not wish to collection and use of data regarding your online searching and
browsing activities. As there is not yet a common understanding on how to
interpret the DNT signal, we currently do not respond to DNT signals on our
site.
Links to Third Parties' Websites
This Website may contain hyperlinks, which links you to other documents or
Websites that are operated by third parties other than Volkswagen of America,
Inc. Such hyperlinks are provided solely for your reference. Volkswagen of
America, Inc. does not control such websites and is not responsible for their
contents. Volkswagen of America, Inc.'s inclusion of hyperlinks to such websites
does not imply any endorsement of the material on such websites or any
association with their operators. Accordingly, you agree to hold harmless
Volkswagen of America, Inc., its parent, subsidiaries and affiliates, and the
shareholders, officers, directors, employees, and agents of any of them against
and from and against any and all claims, demands, judgments, costs, liabilities,
expenses (including attorneys' fees), and damages arising out of claims
resulting from hyperlinking, including, without limitation, any claims alleging
facts that if true would constitute a breach by you of these terms of service.
Limit to Users Modification of These Terms of Service
This Website is presented by Volkswagen of America, Inc. from within the United
States, and Volkswagen of America, Inc. makes no representation that materials
in the Website are appropriate or available for use in locations outside the
United States or Canada. Neither the Website, nor any underlying information or
technology, may be downloaded or otherwise exported or re-exported into, or to a
national or resident of, any country to which the United States has embargoed
goods (for example, Cuba, Iran, Iraq) or to anyone on the U.S. Treasury
Department's list of Specially Designated Nations or the U.S. Commerce
Department's Table of Denial Orders. By downloading or using any element of the
Website, you are agreeing to the foregoing and you are certifying that you are
not located in, under the control of, or a national or resident of any such
country or on any such list. In addition, you are responsible for complying with
any and all local laws in your jurisdiction that may impact your right to use
the Website.
General Terms of Service
This Agreement shall be deemed to include all other notices, policies,
disclaimers, and other terms contained in this Website; provided, however, that
in the event of a conflict between such other terms and the terms of this
Agreement, the terms of this Agreement shall control.
This Agreement shall be deemed to have been made in the Commonwealth of
Virginia, U.S.A. and shall be interpreted, and the rights and liabilities of the
parties hereto determined in accordance with the law of the Commonwealth of
Virginia, U.S.A., without regard to conflicts of law principles. The parties
consent to the exclusive jurisdiction of the state and federal courts for the
County of Fairfax, Virginia, U.S.A. for the determination of any claim or
controversy between the parties and arising out of or relating to this
Agreement. Both parties hereby consent to the jurisdiction of the Michigan
courts 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 acknowledge that no joint venture, partnership, employment, or agency
relationship exists between you and Volkswagen of America, Inc. as a result of
this Agreement or use of this Website. You agree not to hold yourself out as a
representative, agent, or employee of Volkswagen of America, Inc. and Volkswagen
of America, Inc. shall not be liable for any representation, act, or omission
made by you.
Volkswagen of America, Inc.'s performance of this Agreement is subject to
existing laws and legal process, and nothing contained in this Agreement is in
derogation of Volkswagen of America, Inc.'s right to comply with law enforcement
requests or requirements relating to your use of this Website or information
provided to or gathered by Volkswagen of America, Inc. with respect to such use.
If any part of this Agreement is determined to be invalid or unenforceable
pursuant to applicable law, including, but not limited to, the warranty
disclaimers and liability limitations set forth above, then the invalid or
unenforceable provision will be deemed superseded by a valid, enforceable
provision that most closely matches the intent of the original provision and the
remainder of the Agreement shall continue in effect.
This Agreement constitutes the entire agreement between you as a user of the
Website and Volkswagen of America, Inc. with respect to this Website and it
supersedes all prior or contemporaneous communications and proposals, whether
electronic, oral, or written, between you and Volkswagen of America, Inc. with
respect to this Website. A printed version of this Agreement and of any notice
given in electronic form will be admissible in judicial or administrative
proceedings based upon or relating to this Agreement to the same extent and
subject to the same conditions as other business documents and records
originally generated and maintained in printed form.
Indemnification
As a condition of use of this Website, you agree to indemnify Volkswagen of
America, Inc., its parent, subsidiaries and affiliates, and the shareholders,
officers, directors, employees, and agents of any of them against and from and
against any and all claims, demands, judgments, costs, liabilities, expenses
(including attorneys' fees), and damages arising out of claims resulting from
your use of this Website, including, without limitation, any claims alleging
facts that if true would constitute a breach by you of these terms of service.
Airbags
Airbags are supplemental restraints only and will not deploy under all accident
circumstances. Always use safety belts, and seat children only in the rear,
using restraints that are appropriate for their size and age.
Claims of Copyright Violations and Agent for Notice
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for
copyright owners who believe that material appearing on the Internet infringes
their rights under U.S. copyright law. If you believe that your work has been
copied in a way that constitutes copyright infringement, or that your
intellectual property rights have been otherwise violated, please provide our
Copyright Agent with the following information:
1. An electronic or physical signature of the person authorized to act on
behalf of the owner of the copyright or other intellectual property interest
2. A description of the copyrighted work or other intellectual property that
you claim has been infringed
3. A description of where the material that you claim is infringing is located
(e.g., URL), with enough detail that we may find it
4. Your address, telephone number, and email address
5. A statement by you that you have a good faith belief that the disputed use
is not authorized by the copyright or intellectual property owner, its
agent, or the law
6. A statement by you, made under penalty of perjury, that the above
information in your notice is accurate and that you are the copyright or
intellectual property owner or authorized to act on the copyright or
intellectual property owner's behalf
Any notification by a copyright owner or a person authorized to act on its
behalf that fails to comply with requirements of the DMCA shall not be
considered sufficient notice and shall not be deemed to confer upon us actual
knowledge of facts or circumstances from which infringing material or acts are
evident.
We suggest that you consult your legal advisor before filing a notice with our
copyright agent. You should be aware that there can be penalties for false
claims under the DMCA.
Our Agent for notice of claims of copyright or other intellectual property
infringement can be reached as follows:
By email:
VW.CopyrightAgent@wundermanthompson.comOpens a mail link
Please note that, due to security concerns, attachments cannot be accepted.
Accordingly, any notification of infringement submitted electronically with an
attachment will not be received or processed.
Social Media House Rules
We're honored that you're a Volkswagen fan, and we look forward to hearing what
you have to say. To ensure a positive online experience for the entire
community, we may monitor and remove certain postings. "Play nice and have fun"
is the short version of our rules. What follows is the longer version of rules
for posts, communications and general behavior on Volkswagen social media sites:
The following should not be posted on Volkswagen social media channels:
1. Unauthorized commercial communications (such as spam)
2. Viruses or other malicious code
3. Content meant to bully, intimidate or harass any user
4. Content that is hateful, threatening, discriminatory, pornographic, or that
contains nudity or graphic or gratuitous violence
5. Unconstructive, negative or derogatory comments
6. Competitor material such as pictures, videos, or site link
7. Links to purchase aftermarket products, parts, or any other unapproved
commerce
8. Content that infringes or violates someone else's rights or otherwise
violates the law
9. Personal, sensitive or financial information on this page (this includes
but is not limited to email addresses, phone numbers, etc.)
10. Repeat postings of unconstructive comments/statements
11. Unlawful or misleading posts
All posts must be made by people ages 18 or older, unless posted with permission
from parent or legal guardian.
If you are affiliated with Volkswagen (employee, agency, incentivized
blogger/brand ambassador, etc.), you should identify yourself as such.
You may submit video content, links to third party websites, photographs and
text, but you must have rights to this content. If you don't own it, don't post
it.
Volkswagen staff reserves the right to remove any postings deemed to be
inappropriate or in violation of these rules.
Twitter Giveaways
The following rules apply to all giveaways hosted by Volkswagen's Official
Twitter Channel (@VW) unless specific giveaway rules are provided or otherwise
stated.
No purchase necessary to participate or win. Void where prohibited by law. Open
to legal U.S. residents, except employees and the families of Volkswagen Group
of America, Inc., its parent, affiliates, subsidiaries, dealers and agencies
("Sponsor") Though Twitter is not involved in or affiliated with the Contest,
Twitter's terms and conditions apply to all Tweets and use of Twitter.
Entry method stated in Tweet. Entry period ends at date and time stated in
Tweet. Prizes listed in Tweet. Number of prizes is one (1) unless otherwise
listed in Tweet. Winner(s) will be chosen in a random drawing from all eligible
entries received by Sponsor or its designated agent, whose determinations are
final. Winners will be notified by Tweet and must respond within 24 hours or
another winner may be chosen. Odds of winning depend on number of eligible
entries received. No cash substitutions for prizes and prizes are non-refundable
and non-transferable except at sole discretion of Sponsor. Sponsor reserves the
right to substitute prize of equal or greater value.
By entering you agree to Sponsor's use of your Tweet, Twitter icon and Tweet
handle for promotional purposes without compensation. Winner's name, likeness,
Tweets, Twitter icon and Tweet handles may be used for promotional purposes
without additional compensation unless prohibited by law.
Winners release Sponsor and its agents from all claims and damages associated
with the use of the prize. Subject to all federal, state and local laws. Void
where prohibited or restricted by law. Sponsor: Volkswagen Group of America,
Inc..
Facebook Giveaways
The following rules apply to all giveaways hosted by Volkswagen's Official
Facebook Channel (Volkswagen USA) unless specific giveaway rules are provided or
otherwise stated.
No purchase necessary to participate or win. Void where prohibited by law. Open
to legal U.S. residents, except employees and the families of Volkswagen Group
of America, Inc., its parent, affiliates, subsidiaries, dealers and agencies
("Sponsor") Though Facebook is not involved in or affiliated with the Contest,
Facebook's terms and conditions apply to all messages, posts and use of
Facebook.
Entry method stated in post. Entry period ends at date and time stated in post.
Prizes listed in post. Number of prizes is one (1) unless otherwise listed in
post. Winner(s) will be chosen in a random drawing from all eligible entries
received by Sponsor or its designated agent, whose determinations are final.
Winners will be notified by Comment and must respond within 24 hours or another
winner may be chosen. Odds of winning depend on number of eligible entries
received. No cash substitutions for prizes and prizes are non-refundable and
non-transferable except at sole discretion of Sponsor. Sponsor reserves the
right to substitute prize of equal or greater value.
By entering you agree to Sponsor's use of your Facebook post, Facebook picture
and Facebook address for promotional purposes without compensation. Winner's
name, likeness, posts, pictures and icon may be used for promotional purposes
without additional compensation unless prohibited by law.
Winners release Sponsor and its agents from all claims and damages associated
with the use of the prize. Subject to all federal, state and local laws. Void
where prohibited or restricted by law. Sponsor: Volkswagen Group of America,
Inc.
MYVW TERMS OF SERVICE
EFFECTIVE AS OF NOVEMBER 15, 2022
Highlights
Below for your convenience is a short summary of the Terms of Service set forth
in this agreement. These highlights are not a substitute for the complete Terms
of Service below, which constitute a legally binding agreement. Please review
the full Terms of Service for details regarding your use of the Service (defined
in Terms below).
1. You will only use the Service, and Software, in compliance with these Terms
of Service (and will ensure the same for additional users)
2. You will use your Vehicle in a safe and legal manner when using the Service
3. We may suspend, modify, or terminate the Service at any time
4. You may cancel the Service at any time
5. You are responsible for maintaining your Vehicle in good working order so
that the Service can be provided
6. You may not use the Service for illegal, fraudulent, or abusive purpose
7. Information collected to provide the Service will be handled in accordance
with our Privacy Statement.
8. The Terms of Service for Volkswagen Car-Net and Volkswagen Credit Inc. are
related but separate, and you are responsible for compliance with either or
both when using the respective offerings
9. The Service is provided “as is” without warranties of any kind and can be
limited or discontinued at any time
10. We may update or modify at any time all Software, which may be used to
provide the Service or adjust or enhance your Vehicle, and we may do this
remotely without notifying you or seeking your consent
11. These Terms of Service include an agreement to submit any dispute related
to the Services or these Terms of Service to binding arbitration rather
than proceeding in court. These Terms of Service also include a jury trial
waiver and a class action waiver.
12. By accepting the Terms of Service during our sign-up process or accessing
or using the Service, you are indicating by your conduct that you have
read, understand, and agree to be bound by the Terms of Service set forth
below.
13. We can modify these Terms of Service at any time and such modifications
will become effective and accepted by you upon the earlier of our posting
on the website, your continued use of the Service, or following notice
communication (either direct or by posting to our web or mobile
application(s)) of the modification(s) to you.
Terms of Service
These Terms of Service primarily govern your use of the myVW services, including
account management (such as Volkswagen financial payments, add-on plan detail
and dealer information); vehicle details (such as videos & guides, service
scheduling, warranty information and personalized accessories) and offers, as
well as managing your access to the Volkswagen Car-Net services (together the
“Service”) available with your Volkswagen vehicle (your “Vehicle”). These Terms
also govern related licensing or associated use of the hardware and Software in
your Vehicle (“Equipment”), including licensing and use of Software Updates.
Volkswagen Car-Net and Volkswagen Credit Inc., while accessible and manageable
through myVW, are separate services, governed by separate Terms of Service
available at hereOpens an external link and hereOpens an external link. In
addition, future services (not provided with the Service) may be offered by one
or more of the Volkswagen Companies and may be subject to separate additional
terms and conditions.
The Service is provided to you, the Vehicle owner, lessee, or driver (“you” or
“your”) by Volkswagen of America, Inc. (“VWoA”, “we” or “us”), an operating
division of Volkswagen Group of America, Inc. (“VWGoA”). These Terms of Service
set forth the agreement between you and VWoA with respect to the Service and are
legally binding. When you accept the Terms of Service during the earlier of
completing our sign-up process or when you access or use the Service, you are
indicating that you have read, understand, and agree to be bound by these Terms
of Service. Once you accept these Terms of Service you are responsible for your
own compliance with these Terms of Service and for compliance by occupants of
your Vehicle and anyone using the Service or your account, whether or not
authorized by you. In addition, your use of the Service is subject to the VWoA
Privacy Statement. The current version of the Privacy Statement is available on
VW.com. The parent, subsidiaries, and affiliates of VWoA, including but not
limited to Volkswagen AG (together with VWoA, the “Volkswagen Companies”) are
third-party beneficiaries under these Terms of Service and the protections set
forth in these Term of Service, including without limitation, the disclaimers of
warranties and limitations of liability, shall extend to them.
Visit www.vw.com/owners
1. Changes to Terms of Service
We can change the Services at any time. We may also modify or update these Terms
of Service from time to time and in the event of a change will notify you of
such change by posting amended terms on the myVW website or otherwise
communicating notice of such change(s) to the email address you list with your
myVW account. It is your responsibility to review these Terms of Service
periodically. Continued use of the Service will constitute acceptance of any
change. But you may cancel your Services through your myVW account and terminate
these Terms of Service by providing notice of termination to us within 30 days
after we have given notice of a material change to these Terms of Service.
2. Registering with Us
In order to use the full features of the Service you will be required to create
a myVW account at vw.com/owners. When you create an account, you must provide
accurate and complete information; keep your account and password secure and not
disclose them to anyone; and notify us immediately of any breach of security or
unauthorized use of your Service or account using the contact information in
Section 16 of these Terms of Service. You will be solely responsible for all
activity in your account.
As a part of setting up your myVW account, you acknowledge and agree that you
will need to accept or sign a contract that incorporates these Terms of Service
on your own behalf or by authorizing your independent VWoA-authorized dealership
(“Volkswagen Dealer”), your Volkswagen Customer CARE agent, or another
individual, who will be the primary driver of the Vehicle, to act on your
behalf.
When you register with us, you agree for your contact information to be used
for: (i) recall and open campaign notification; (ii) survey invitations; (iii)
marketing communications; or (iv) service reminders and other dealer service
marketing, as well as any other uses consistent with the Privacy Statement. In
addition, you agree for us to allow Volkswagen Customer CARE and Volkswagen
Dealers to access your information in order to understand your purchase,
support, and service history with the Volkswagen brand; Customer CARE or a
Volkswagen Dealer may contact you based on this information; you may determine
which Volkswagen Dealer can view your information by updating your Preferred
Dealer in you myVW account. At any time, you may opt out of marketing
communications or phone contact by (i) updating your communication preferences
in your myVW account; or (ii) contacting Volkswagen Customer CARE.
In addition, as the owner of a Volkswagen vehicle, you can activate connected
vehicle services from Volkswagen Car-Net® within your myVW account to utilize
available connected vehicle services. Acceptance of the separate Car-Net Terms
of ServiceOpens an external link is required in order to use the connected
vehicle services. In addition, use of connected vehicle services requires
completion of the Car-Net activation and verification process.
Create a myVW account
3. Selecting Your Preferred Dealer
After you have created a myVW account, you can select your preferred dealer.
This will: (i) enable you to schedule service with that dealer from your myVW
account; (ii) populate offers from that dealer in your myVW account; (iii)
inform which dealer is listed on email communications from VWoA; (iv) govern
which dealer has access to your vehicle information; (v) and determine which
dealer will send you service communications, such as service reminders,
coordinated by VWoA.
4. Use of Your Vehicle Identification Number
When you provide your Vehicle Identification Number (VIN), you agree that VWoA
can use this to provide you with information in your myVW account related to
your vehicle; this information includes but is not limited to: (i) service
history; (ii) warranty coverage status; (iii) carefree maintenance status; (iv)
roadside assistance coverage status; (iv) VW Care maintenance status; (v)
over-the-air update reports; and (vi) multi-point inspection reports.
5. Accessing Your VCI Account Through myVW
After you have created a myVW account, you can use the myVW web portal to access
your Volkswagen Credit, Inc. information and manage your account, such as
accessing your balance, paying your bills, and setting up automatic payments.
While viewable from your myVW portal, the information in your VCI account will
not be shared with VWoA and its affiliates. All VCI data will be governed by the
VCI Privacy Statement and VCI Terms of Service found at
www.vwcredit.com/Public/PrivacyNoticeOpens an external link and
www.vwcredit.com/public/onlineconsentOpens an external link
6. Termination, Suspension, Reactivation, Change and Transfer of Service
1. Our Rights to Suspend or Terminate the Service
We can decide to either suspend or terminate the Service without warning, or
issue a warning, at any time for any reason in our discretion, including for
network or system maintenance, improvement, congestion, or failure or if we
suspect your Service (in whole or in part) is being used for any
unauthorized or inappropriate purpose, as a result of your breach of these
Terms of Service or for reasons unrelated to you or your account with us. If
suspension or termination of the Service occurs for any reason, you
acknowledge and agree that you may not be able to access the Service,
including the emergency services. In addition, if we are advised by your
financing company or any Volkswagen Company that you no longer own or lease
your vehicle, we may terminate your Service.
Availability of the Service is also subject to certain technologies or
services (provided outside our control) remaining commercially available for
the Service period and such availability is not guaranteed.
2. Your Right to Cancel the Service
You may cancel the Service at any time by entering the “Account” menu,
clicking “Profile,” and clicking “Close Account.” Note that closing your
myVW account will deactivate your connected vehicle services from VW
Car-Net. Please refer to your myVW account for more information.
3. Reactivation of Service
If you voluntarily cancel your myVW account, you can create another myVW
account at any time. However, if your myVW account was terminated or
suspended by us you do not have any right to have your Service reactivated,
even if you cure any of the issues that resulted in the termination or
suspension of your Service. It is solely our decision as to whether to allow
you to have Service again.
4. Transfer of Service, Sale of Vehicle, Termination of Lease
If you sell your Vehicle or terminate your lease, you should delete the
vehicle from your myVW account.
We may communicate with you about the Service by providing you with messages
through the Equipment in your Vehicle. If you fail to notify us of a sale or
transfer of your Vehicle or termination of your lease, we may continue to
send messages to the Equipment in your Vehicle. We are not responsible for
any privacy related damages you may suffer as a result of such a failure to
notify us of a sale or transfer of your Vehicle.
7. Authority to Use, Terminate, Change or Transfer Your Service
We will only accept requests from you (or from someone we believe is you, or
someone with your authorization, such as your authorized agent) to use,
activate, cancel, change, reactivate, or transfer the Service. You agree that we
can assume that anyone who provides your registration information is authorized
to act on your behalf, and that we shall have no responsibility or liability for
anything that may arise from our providing any services to, or acting upon
instructions from any such individual, even if such individual is not, in fact,
authorized by you to use the Service or your account. You should notify us
immediately of any breach of security or unauthorized use of your Service or
account using the contact information in Section 16 of these Terms of Service.
8. Your Responsibilities
1. Your Responsibility for the Proper Operation of Your Vehicle and Proper Use
of the Service
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE USE OF OR ANY RELIANCE UPON ANY
INFORMATION OR CONTENT AVAILABLE THROUGH THE SERVICE IS SOLELY AND
COMPLETELY AT YOUR OWN RISK AND RESPONSIBILITY. IT IS YOUR SOLE
RESPONSIBILITY TO ENSURE THAT YOU (AND/OR ANY OTHER OCCUPANT OF YOUR
VEHICLE) FOLLOW INSTRUCTIONS FOR USE OF THE SERVICE AND EXERCISE GOOD
JUDGMENT AND OBEY TRAFFIC AND ALL OTHER APPLICABLE LAWS AND REGULATIONS,
WHEN OPERATING YOUR VEHICLE; USING THE EQUIPMENT AND SERVICE; AND/OR
EVALUATING WHETHER THE USE OF ANY OF THE SERVICE (OR THE ROUTING AND
DIRECTION DATA YOU RECEIVE) IS SAFE AND LEGAL UNDER THE CIRCUMSTANCES.
2. Your Responsibility for Insuring Your Vehicle
The Service does not constitute insurance and you should not rely on it to
limit the potential for loss, theft or damage to your Vehicle or property.
You are solely responsible for obtaining and maintaining any and all
insurance for your Vehicle, your passengers, and your property. No insurance
company or insurer will be entitled to any right of subrogation against us
or our Service Partners.
3. Your Responsibility for Maintaining Your Vehicle
In order for us to provide the Service or Software, the Equipment in your
Vehicle must be in good working order and your Vehicle must have a working
electrical system and adequate battery power. The Service or Software may
not work if you try to modify the Equipment or add any equipment or (other)
software in or to your Vehicle that is not expressly authorized by us or is
not compatible with the Equipment or Service. You may need to adjust your
use of other Vehicle features, such as adjusting the volume of your radio to
hear the audio portions of the Service. You are solely responsible for the
proper maintenance of your Vehicle and its systems (including the Equipment)
and for keeping them in good working order and in compliance with these
Terms of Service and all applicable laws.
4. No Illegal, Fraudulent or Abusive Use of the Service
You may not use the Equipment, the Service, the myVW portal on vw.com or the
myVW mobile application, in any way that is illegal, fraudulent, or abusive,
including to harass, threaten, abuse, defame, or slander, any individual or
entity. You may use our emergency services only for actual emergencies and
legitimate vehicle assistance needs. You may not use the Service in a manner
that interferes with any other customer’s use of our Service or our
provision of our Service to our other customers. You agree you will not
abuse or do anything to damage our or any of our Service Partners’
respective business, operations, services, reputation, employees, equipment,
property, or facilities. You further agree that you will not harass,
threaten, or use vulgar and/or inappropriate language towards any customer
service representatives.
5. No Commercial Use or Resale of the Service
The Service, including the messages, data, information, content, or other
material provided as part of the Service, are provided only for your
non-commercial use, and not for re-sale. Certain information you receive
through the Service belongs to us or our Service Partners (or other third
parties) and may be subject to one or more copyrights, trademarks, service
marks, patents, or other legal protections. You may not (and may not permit
or cause any other party to) sell or resell or otherwise use the Service or
any information provided through the Service for commercial purposes, nor
may you reproduce, copy, modify, attempt to reverse engineer, make
derivative works from, or otherwise display or distribute information
provided through the Service.
6. No Rights to Telephone Numbers or Other Addresses
You have no property right in any number address or other communication
identifier that may be assigned to you or to the Equipment in connection
with the Service. Any such number, address or identifier may be changed from
time to time.
7. Your Responsibility for Others Who Use Your Vehicle
You are solely responsible for those who use the Service in your Vehicle or
use of your authentication information, even if you later claim the use was
not authorized, and you will be responsible and promptly pay for any charges
arising from such use, and any damages to or expenses incurred by us or any
of our Service Partners as a result of such use. Neither we nor any Service
Partner has any obligation to inquire about the authority of anyone using
your Vehicle or other information that can be used to identify your account
to request, modify, or use the Service for your Vehicle. You are responsible
for the security of any passwords you use to access the Service. We will
make any changes to your account or charge you for any amounts authorized by
a person who provides your authentication information.
8. Contact Information
It is your sole responsibility to ensure that we have the most up-to-date
and accurate contact information for you at all times. (i.e., email address,
mailing address, mobile phone number). Any notice we send you will be sent
to your last known residence or electronic mail address as shown on our
records. Any written notice from us will be considered given when we send it
by email to the email address you have provided to us that is then in our
records, or two days after we mail it to you at the most current billing
address we have on file for you. Any oral notices will be considered given
when we call you or when you call us toll-free at 1 (800) 822-8987 to speak
with a live customer service representative.
9. Use of Certain Service Features
Please see the separate Volkswagen Car-Net Terms of ServiceOpens an external
link to understand specific connected vehicles services and features, such as
locating a lost or stolen Vehicle, emergency assistance and service and content
providers.
10. How the Service Works, Our Service Partners, Restrictions and Limitations
1. Our Service Partners
We work with many different companies, individuals, and government entities
to provide you with the Service. These parties are collectively referred to
in these Terms of Service as our “Service Partners.” In some cases, one or
more of the Volkswagen Companies may be a Service Partner. In the event any
of our Service Partners impose additional terms and conditions on the
services they provide, by accessing such services you agree to comply with
any additional terms and conditions imposed by them, which will be available
on the myVW website.
2. Software
We use software in connection with the Service or operation of your Vehicle.
All such software and its available applications, graphics, interfaces,
functionality, or features (“Software”) are provided to you by VWoA (or one
of its affiliated entities or Service Partners) for use with your Vehicle.
The Software includes the software or firmware originally installed by or on
behalf of VWoA on your Vehicle as well as any Software Updates (defined
below) and may include manuals, instructions, or other documentation as
provided by VWoA from time to time (“Documentation”). Unless otherwise
stated, all references herein to the Software shall include any such
Documentation provided by VWoA (or one of its affiliated entities or Service
Partners) in any form or medium from time to time and which describe the
functionality, components, features, or requirements of the Software,
including any aspect of the installation, configuration, integration,
operation, use, support, or maintenance thereof. The rights and obligations
granted to Software are only granted on a per Vehicle basis and intended for
use only by the owner, lessee, renter, or other person driving the Vehicle.
Subject to your continued compliance, VWoA grants to you a limited,
revocable, non-exclusive, nontransferable, and non-sublicensable license to
download, install, and otherwise access and use for personal and
non-commercial purposes the Software as installed, directed, permitted, or
updated by VWoA in accordance with any Documentation. You also acknowledge
and agree that VWoA has the right to control and direct the means, manner,
and method by which the Software is provided.
You may not, and you may not permit a third party to, access or use the
Software except as expressly permitted by VWoA herein or by the
Documentation. Accordingly, you may not modify, translate, decompile, create
derivative work(s) of, copy, distribute, disassemble, broadcast, transmit,
publish, remove, or alter any proprietary notices or labels, license,
sublicense, transfer, sell, mirror, frame, exploit, lease, private label,
grant a security interest in, or otherwise use in any manner not expressly
permitted herein the Software. Moreover, you may not (a) attempt to gain
unauthorized access to any portion or feature of the Software, any other
systems or networks connected to the Software, to any VWoA (or any VWGoA,
affiliated entity, or a Service Partner) server, or to any of the Services
offered on or through the Software, by any illegitimate or prohibited means;
(b) probe, scan, or test the vulnerability of the Software or any network
connected to the Software, or breach the security or authentication measures
on the Software or any network connected to the Software; (c) use any
device, software, or routine to interfere with the proper working of the
Software or any transaction conducted on the Software, or with any other
person's use of the Software; or (d) use the Software in an unlawful manner.
VWoA provides only a limited license to access and use the Software. We (or
our Service Partners) own or have rights to all such Software, and you do
not acquire any other rights in such Software. The Software is owned,
controlled, or licensed by VWGoA, or an affiliated entity(ies) and
their successors and assigns and is protected by law including, but not
limited to, United States copyright, trade secret, patent, and trademark
law, as well as other applicable state, national, and international laws and
regulations. Except as expressly provided herein, VWoA does not grant any
other express or implied intellectual property right to you or any other
person. Accordingly, unauthorized use of the Software may violate
intellectual property or other proprietary rights laws as well as other
laws, regulations, and statutes. VOLKSWAGEN and all other names, designs,
logos, and icons identifying VWoA, and its programs, applications, products,
and services are proprietary trademarks of VWoA, and any use of such marks
without the express written permission of VWoA is strictly prohibited. The
Software is commercial computer software, as such term is defined in 48
C.F.R. §2.101. Accordingly, if the U.S. Government or any contractor
therefor is the owner or authorized user of the Vehicle, or an authorized
user of the Software, the U.S. Government and/or the contractor, as
applicable, shall receive only those rights with respect to the Software as
are granted to all other end users under license, in accordance with: (a) 48
C.F.R. §227.7201 through 48 C.F.R. §227.7204, with respect to the Department
of Defense and their contractors; or (b) 48 C.F.R. §12.212, with respect to
all other U.S. Government licensees and their contractors.
Actual or attempted unauthorized use of the Software may result in criminal
and/or civil prosecution. VWoA is entitled to take appropriate measures to
defend against unauthorized access and/or threats from cyber-attacks or
other threats on the Software. Depending on the severity of the threat
and/or the significance of the legal assets under threat, measures may be
necessary that temporarily lead to restrictions in accessibility and/or
functionality of the Software. VWoA will comply with lawful court orders or
subpoenas from courts or tribunals having competent jurisdiction and
involving requests for information relating to its Software.
VWoA or its affiliates or dealers may provide you with updates that
contain modifications generally available to all users of the Software,
including but not limited to improvements or other changes that VWoA
otherwise deems necessary (“Software Updates”). Software Updates may be
available over-the-air (or OTA) or via download and may occur automatically
or require you to initiate the required download or installation. VWoA may
provide notice of Software Updates to you through your Vehicle’s
infotainment system, an associated mobile or web application, email or text
messaging, through your Vehicle’s infotainment system, or by other
VWoA-approved means of communication.
VWoA strongly suggests that you install or permit installation of the
Software Updates as soon as you receive notice of them. You agree to
cooperate reasonably with VWoA with respect to downloading or installing or
receiving the available functionality or features of the Software. The
restoration of (complete) accessibility and functionality of the Software
may require you to install a Software Update or to provide other
cooperation. You also agree that if you allow a person who is not the
primary user of the Vehicle to use the Software, you are responsible for
ensuring that such person using the Vehicle installs or permits the timely
installation of all Software Updates. You understand and agree that if you
do not install the updates, the software for the Vehicle may not be updated
or improved for your use. Further, there may be certain instances in which
installation of a Software Update may not work. In these instances, or where
you do not wish to or otherwise cannot install the Software Update, you
should contact your local VWoA dealership to install the Software Update.
Typically, your local dealership can install any available Software Update;
however, depending on your Vehicle’s warranty status, installation of some
Updates may incur charges.
You also acknowledge and agree that all Software Updates (requiring your
initiation) should only occur while your Vehicle remains stationary. You are
solely responsible for your exercising good judgment, acting in a safe and
responsible manner, and obeying all laws and regulations at all times
with respect to use of the Software or any Software Update(s). You
understand that failing to pay full attention in the operation of your
Vehicle or in other activities may cause an accident, damage, injury, death,
or other serious consequences. Always consult owner’s literature for
maintenance guidelines and the Vehicle’s scheduled maintenance instructions.
The Software does not constitute insurance and you should not rely on it to
limit the potential for loss, theft, or damage to your Vehicle or property.
In connection with each Software Update, please also note: (i) your
Vehicle’s settings may be reset to the applicable default settings during
the Software Update process, requiring you to reconfigure these settings
after the installation is finished; (ii) certain Software Updates may change
the functionality, operation, design of your Vehicle’s multimedia,
navigation, or other systems from what is set forth in the Owner’s Manual;
(iv) Software Updates may affect or erase data that you have previously
stored on the Equipment in your Vehicle (such as specific route or
destination information); (iv) unless we expressly notify you in writing,
you will not be able to revert back to the prior version of your Vehicle’s
Software once the Software Update is finished; and (v) you may not be able
to stop a Software Update after it has started. We are not responsible for
any lost or erased (or otherwise affected) data and you are solely
responsible for the data that you may have downloaded, uploaded,
transmitted, or otherwise stored from, to, on or through the Equipment or
Service.
The availability and use of the Software may be subject to your Vehicle’s
equipment compatibility, software compatibility, or telecommunication
capabilities. Moreover, the availability and use of the Software may depend
on your Vehicle being within the range of the wireless network of the
wireless carrier that supports your Vehicle’s telecommunication (with rural
or enclosed areas having a negative impact) and is subject to transmission
limitation or interruption, including but not limited to technical
obsolescence or sunsetting of certain equipment, devices, networks, or
software inside of or external to the Vehicle that is required for data
transmission or receipt. Further, the functionality of the Software is not
guaranteed for Vehicles used outside of the continental United States,
Alaska, or Hawaii.
3. Events Beyond Our Control
Various conditions beyond our control may prevent or delay us from providing
Service to you or affect the quality of the Service. Some examples are
atmospheric, geographic, or topographic conditions (such as tall buildings,
hills, or tunnels), damage to or failure to maintain your Vehicle or the
Equipment in good working order, government laws, rules or regulations,
failure, congestion, or outages of utility or wireless networks (including
interruption of cellular service), war, act of God, natural disaster,
inclement weather, and labor strikes. In the event of any of the foregoing,
we may, in our discretion, suspend or terminate the Service (in whole or in
part) or terminate your Service Plan, without notice to you and without any
liability. We are not responsible for delay or failure in providing Service
due to conditions beyond our control and you are not entitled to credit or
refund as a result of any such delay or failure.
In the event of any regulatory, governmental or other legally-compelled
changes, or discontinuation or change of necessary telecommunications
systems and services (e.g., if our Wireless Service Provider terminates or
restricts wireless services of the type used by your Vehicle’s Equipment),
you are solely responsible for replacing, as well as the cost of replacing,
any Equipment that is necessitated as a result of such change or
discontinuation, except that if such change occurs during your Vehicle’s
base warranty period, while you will still be responsible for the cost of
such replacement, we will be responsible for obtaining and providing you
with the necessary replacement materials (if applicable).
4. Voice Recognition
Voice recognition Software, which may be able to recognize different voices,
accents, speech patterns and words, may be used in connection with the
Service. We do not represent or guarantee that such Software will recognize
or work with your or others’ voices, accents, or speech patterns, or
recognize some or all words, some or all of the time.
11. Collection and Use of Your Vehicle and Subscriber Data
Data collected through the myVW services will be used in accordance with the
VWoA Privacy Statement, available through www.vw.com/privacy, which is
incorporated herein by reference.
12. Disclaimer of Warranties
NEITHER WE NOR OUR SERVICE PARTNERS WARRANT OR GUARANTEE THAT SERVICE WILL BE
AVAILABLE AT ANY SPECIFIC TIME OR AT ALL TIMES OR TO ANY GEOGRAPHIC LOCATION, OR
THAT THE SERVICE OR SOFTWARE WILL BE PROVIDED OR OPERATE WITHOUT INTERRUPTION,
DELAY OR ERROR. NEITHER WE NOR ANY OF OUR SERVICE PARTNERS MAKE ANY WARRANTIES,
EXPRESS OR IMPLIED ABOUT (1) THE EQUIPMENT OR ANY OTHER HARDWARE OR SOFTWARE
USED WITH THE SERVICE, (2) THE SERVICE, (3) NONINFRINGEMENT, OR (4) ANY DATA OR
INFORMATION OR OTHER SERVICES PROVIDED THROUGH THE SERVICE. THIS INCLUDES,
WITHOUT LIMITATION, WARRANTIES OF SECURITY, TITLE, CONTENT, QUALITY, ACCURACY,
TIMELINESS, COMPLETENESS, CORRECTNESS, RELIABILITY, MERCHANTABILITY, OR FITNESS
FOR A PARTICULAR PURPOSE OR USE. ALL SUCH WARRANTIES ARE EXPRESSLY EXCLUDED BY
THESE TERMS OF SERVICE. WE EXPRESSLY DISCLAIM ANY AND ALL EXPRESS AND IMPLIED
WARRANTIES.
The only warranties applicable to the Equipment in your Vehicle are those
extended as part of your purchase or lease of your Vehicle. Such warranty does
not cover the Service or Software, in whole or in part.
13. Limitation of Liability
BY ENTERING INTO THESE TERMS OF SERVICE OR BY USING THE EQUIPMENT OR SERVICE,
YOU ARE WAIVING CERTAIN RIGHTS, AND YOU ARE PROVIDING YOUR EXPRESS CONSENT TO
VARIOUS ACTIONS TO BE TAKEN BY US, VOLKSWAGEN COMPANIES AND OUR SERVICE PARTNERS
(AS DESCRIBED HEREIN).
Neither we, nor any Volkswagen Company nor our Service Partners assume any risk
or responsibility for your use of the Service, or any of the information or
other content provided as part of the Service. You acknowledge and agree that
neither we, any Volkswagen Company, nor any of our Service Partners are liable
for dropped calls or interrupted service, or for problems caused by or
contributed to by you, by any third-party, by buildings, hills, tunnels, network
congestion, atmospheric conditions, acts of God or natural disaster or by any
other conditions or circumstances out of our control (as further described above
in Section 9(e) of these Terms of Service).
In addition, neither we, any Volkswagen Company nor our Service Partners are
liable (1) for our inability to contact any Service Partner or other party in
any particular situation (including any emergency personnel), (2) for any act or
omission of any other company furnishing a part of our Service or any equipment
provided for such Service, (3) for errors or omissions of any vendors, dealers
or manufacturers participating in offers made through us, or (4) for any damages
that result from or arise out of the use, installation, repair or maintenance by
you (or by any person you authorize) of the Equipment, Software, or Service, or
any product or service provided by or manufactured by third parties.
IF WE, ANY VOLKSWAGEN COMPANY AND/OR ANY OF OUR SERVICE PARTNERS ARE FOUND TO BE
LIABLE TO YOU FOR ANY REASON, YOU AGREE THAT THE MAXIMUM, AGGREGATE LIABILITY OF
US, ANY VOLKSWAGEN COMPANY AND OUR SERVICE PARTNERS TO YOU, AND YOUR EXCLUSIVE
REMEDY UNDER ANY THEORY OR FOR ANY CAUSE WHATSOEVER (INCLUDING BUT NOT LIMITED
TO ANY FAILURE OR DISRUPTION OF SERVICE OR SOFTWARE PROVIDED UNDER THESE TERMS
OF SERVICE, FRAUD, MISREPRESENTATION, BREACH OF CONTRACT, PERSONAL INJURY, OR
PRODUCTS LIABILITY), SHALL BE LIMITED TO AN AMOUNT EQUAL TO THE PORTION OF THE
SERVICE RATES OR OTHER FEES CHARGED TO YOU FOR THE SERVICE OR SOFTWARE THAT ARE
THE SUBJECT OF THE CLAIM FOR THE PERIOD OF SERVICE DURING WHICH ANY RESULTING
DAMAGES OCCURRED. YOU ACKNOWLEDGE AND AGREE THAT NEITHER WE, NOR ANY VOLKSWAGEN
COMPANY, NOR ANY SERVICE PARTNER WOULD HAVE AGREED TO PROVIDE THE SERVICE,
SOFTWARE, OR EQUIPMENT TO YOU WITHOUT YOUR AGREEMENT TO THIS LIMITATION. YOU
FURTHER ACKNOWLEDGE AND AGREE THAT THE DAMAGES CAP SET FORTH IN THIS PARAGRAPH
SHALL BE THE SOLE AND EXCLUSIVE LIABILITY OF US, ANY VOLKSWAGEN COMPANY, AND OUR
SERVICE PARTNERS TO YOU.
IN NO EVENT SHALL WE, ANY VOLKSWAGEN COMPANY OR OUR SERVICE PARTNERS BE LIABLE
TO YOU OR ANY OTHER PARTY FOR, AND YOU CANNOT RECOVER ANY, (A) PUNITIVE,
EXEMPLARY, TREBLE, CONSEQUENTIAL, INDIRECT, OR SPECIAL DAMAGES OF ANY KIND,
INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUE (REGARDLESS OF WHETHER
WE, ANY VOLKSWAGEN COMPANY OR OUR SERVICE PARTNERS HAVE BEEN NOTIFIED THAT SUCH
LOSS MAY OCCUR); OR (B) ATTORNEY'S FEES. YOU AGREE NOT TO MAKE, AND TO WAIVE TO
THE FULLEST EXTENT ALLOWED BY LAW, ANY CLAIM FOR DAMAGES OTHER THAN DIRECT,
COMPENSATORY DAMAGES AS LIMITED ABOVE. SOME STATES DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THOSE PARTICULAR
LIMITATIONS MAY NOT APPLY TO YOU.
You understand and agree that the Volkswagen Companies and our other Service
Partners, including without limitation the Wireless Service Providers, shall
have no legal, equitable, or other liability of any kind to you in any event,
regardless of the form of the action, whether for breach of contract, warranty,
negligence, strict liability in tort or otherwise relating to or arising from
the Service or Software and you waive any and all such claims or demands. If any
Volkswagen Company or any of our other Service Partners is involved in any
problem, you also agree to any limitations of liability that such entity imposes
on its customers.
14. Indemnification; Release
You agree to indemnify and hold harmless us, each Volkswagen Company and each of
our Service Partners, including Wireless Service Providers, and each of our or
their respective affiliates, officers, directors, agents, partners and
employees, from and against any and all liabilities, settlements, penalties,
claims, causes of action, and demands (including any costs, expenses, or
attorneys’ fees on account thereof) (collectively “Claims”) irrespective of the
nature of the cause of such Claims, alleging loss, costs, expenses, damages or
injuries (including without limitation Claims for libel, slander, or any
property damage, personal injury or death), arising in any way, directly or
indirectly, in connection with your (or any occupant of your Vehicle) violation
of these Terms of Service or your (or any occupant of your Vehicle) alteration,
use counter to instructions, misuse or failure to use the Service or Equipment.
You agree that the limitations of liability and indemnities in these Terms of
Service will survive even after your Service Plan has ended and your Service has
terminated. These limitations of liability apply not only to you, but to anyone
using your Vehicle, the Equipment or the Service, to anyone making a claim on
your behalf, and to any claims made by your family, employees, customers, or
others arising out of or relating to any Service we or our Service Partners
provide or the Equipment.
WITHOUT LIMITATION OF THE GENERALITY OF THE FOREGOING, YOU FURTHER AGREE TO
RELEASE US, EACH VOLKSWAGEN COMPANY AND EACH SERVICE PARTNER
FROM ALL CLAIMS, LIABILITIES AND LOSSES IN CONNECTION WITH THE SERVICE,
SOFTWARE, AND/OR EQUIPMENT, INCLUDING, BUT NOT LIMITED TO CLAIMS FOR DATA
COMPROMISE, PERSONAL INJURY OR PROPERTY DAMAGE ARISING FROM THE TOTAL OR PARTIAL
FAILURE OF PERFORMANCE OF THE SERVICE, SOFTWARE, OR EQUIPMENT, EVEN IF CAUSED BY
THE NEGLIGENCE OF US, ANY VOLKSWAGEN COMPANY OR ANY OTHER SERVICE PARTNER, OR
THE MALFUNCTION OF THE EQUIPMENT OR SOFTWARE. YOU AGREE THAT THIS RELEASE
EXTENDS TO ANY PARTY CLAIMING UNDER YOU AND THAT NO INSURANCE COMPANY WILL HAVE
ANY RIGHT OF SUBROGATION.
15. Dispute Resolution
YOU AND WE AGREE THAT IN THE EVENT OF ANY DISPUTES BETWEEN US, WE WILL FIRST TRY
TO RESOLVE IT BY TALKING WITH EACH OTHER. IF WE ARE UNSUCCESSFUL IN RESOLVING
OUR DISPUTES IN THIS MANNER WITHIN A REASONABLE TIME PERIOD, YOU AND VWOA EACH
AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY LAW:
(1) ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OF
SERVICE, OR TO ANY EQUIPMENT, SOFTWARE, PRODUCT, OR SERVICE PROVIDED UNDER OR IN
CONNECTION WITH THESE TERMS OF SERVICE, WILL BE SETTLED BY INDEPENDENT
ARBITRATION INVOLVING A NEUTRAL ARBITRATOR AND ADMINISTERED BY THE BETTER
BUSINESS BUREAU (“BBB”) UNDER BBB ARBITRATION RULES, AS MODIFIED BY THESE TERMS
OF SERVICE. BBB RULES AND FEE INFORMATION ARE AVAILABLE FROM US OR THE BBB.
ARBITRATION IS NOT A COURT PROCEEDING. THE RULES OF ARBITRATION DIFFER FROM THE
RULES OF COURT. THERE IS NO JUDGE OR JURY IN AN ARBITRATION PROCEEDING;
(2) EVEN IF APPLICABLE LAW PERMITS CLASS ACTIONS OR CLASS ARBITRATIONS, YOU
EXPRESSLY WAIVE ANY RIGHT TO PURSUE ON A CLASS BASIS ANY SUCH CONTROVERSY OR
CLAIM AGAINST VWOA, ANY VOLKSWAGEN COMPANY OR ANY OF OUR SERVICE PARTNERS, OR
ANY OF OUR RESPECTIVE AFFILIATES, OFFICERS, DIRECTORS, AGENTS, PARTNERS,
LICENSORS, EMPLOYEES OR PREDECESSORS IN INTEREST. IF MULTIPLE CLAIMS ARE JOINED
IN ONE ACTION, SOME OF WHICH WOULD NOT BE SUBJECT TO ARBITRATION, THE LATTER
CLAIMS MUST BE STAYED UNTIL ANY CLAIMS IN THAT ACTION THAT ARE SUBJECT TO
ARBITRATION HAVE BEEN RESOLVED. IF CLAIMS ARE ASSERTED AGAINST MULTIPLE PARTIES,
SOME OF WHOM ARE NOT REQUIRED TO ARBITRATE, THE CLAIMS SUBJECT TO ARBITRATION
MUST BE SEVERED. HOWEVER, YOU RETAIN YOUR RIGHT TO FILE A COMPLAINT WITH ANY
REGULATORY AGENCY OR COMMISSION;
(3) NO ARBITRATOR HAS AUTHORITY TO AWARD RELIEF IN EXCESS OF WHAT THESE TERMS OF
SERVICE PROVIDE, OR TO ORDER CONSOLIDATION OR CLASS ARBITRATION, EXCEPT THAT AN
ARBITRATOR DECIDING A CLAIM ARISING OUT OF OR RELATING TO A PRIOR AGREEMENT MAY
GRANT AS MUCH SUBSTANTIVE RELIEF ON A NON-CLASS BASIS AS SUCH PRIOR AGREEMENT
WOULD PERMIT. IN ALL ARBITRATIONS, THE ARBITRATOR MUST GIVE EFFECT TO APPLICABLE
STATUTES OF LIMITATIONS AND WILL DECIDE WHETHER AN ISSUE IS ARBITRABLE OR NOT.
IN A LARGE/COMPLEX CASE ARBITRATION, THE ARBITRATORS MUST ALSO APPLY THE FEDERAL
RULES OF EVIDENCE AND THE LOSING PARTY MAY HAVE THE AWARD REVIEWED BY A REVIEW
PANEL CONSISTING OF THREE (3) ARBITRATORS; AND
(4) IN THE EVENT THE FOREGOING ARBITRATION REQUIREMENTS DO NOT APPLY, YOU AND
VWOA EACH WAIVE, TO THE FULLEST EXTENT ALLOWED BY LAW, ANY TRIAL BY JURY AND A
JUDGE WILL DECIDE ANY AND ALL DISPUTES.
16. Contact Information
You may notify us by postal mail (Volkswagen Customer CARE, 3800 Hamlin Road,
Auburn Hills, MI 48326), phone at 1 (800) 822-8987, or by electronic means (via
the vw.com website). Such notices will be considered effective after we receive
them.
Any notice we send you will be sent to your last known residence or electronic
mail address as shown on our records. It is your sole responsibility to ensure
that we have the most up-to-date and accurate contact information for you at all
times. Any written notice from us will be considered given when we send it by
email to the email address you have provided to us that is then in our records,
or two days after we mail it to you at the most current billing address we have
on file for you. Any oral notices will be considered given when we call you or
when you call us toll-free at 1 (800) 822-8987, or you speak with a live
customer service representative.
Calls with our customer service representatives, emergency personnel, or the
police may be monitored or recorded for quality assurance, issue resolution,
maintaining service, training, or promoting or providing services. Our and our
Service Partners’ customer service representatives may remain on the line while
conferencing in a third-party to assist in completing a service request. You
(for yourself and your Vehicle’s occupants and anyone else acting or using the
Service on your behalf): (1) expressly consent to the monitoring and recording
activities described herein, and (2) release us and our Service Partners from
claims, liabilities, and losses resulting in connection with any such monitored
and/or recorded communications.
17. Miscellaneous Terms
1. The Laws Governing Our Relationship
These Terms of Service and any disputes arising out of or relating to it or
the Equipment or Service will be governed by the laws of the Commonwealth
of Virginia, wherever filed without regard to conflicts of laws principles
and subject to arbitration as set forth above. In the event that the
arbitration requirements of this agreement are inapplicable or
unenforceable, any complaint or other legal action concerning these Terms
of Service shall be interpreted under the laws of the Commonwealth of
Virginia and shall be subject to the jurisdiction of the courts of the
Commonwealth of Virginia. Complaints, arbitration or other legal actions
involving California customers will be interpreted under the laws of the
State of California and will be subject to the jurisdiction of the courts
of the California county in which the customer primarily uses the Service.
2. Entire Agreement
These Terms of Service (including the separate Volkswagen Car-Net
Agreement, Privacy Statement and any other document or policy incorporated
by this Agreement) is the entire agreement between you and us. It
supersedes all other agreements, communications, or representations, oral
or written, between us, past or present. We are not responsible for any
statements, agreements, representations, warranties, or covenants, oral or
written, including, without limitation, any statements from third parties,
concerning or relating to the Equipment or the Service provided to you
pursuant to these Terms of Service or your Service Plan, unless such
statements, agreements, representations warranties or covenants are
expressly contained in or incorporate by these Terms of Service. You are
entitled to receive a copy of this information in a standardized format and
the information will not be specific to you individually. You may make such
a request by contacting us via the contact information below.
3. Effect of Termination of Terms of Service
Even if you delete your myVW account and discontinued use of the Service,
the provisions of these Terms of Service will continue to govern any
disputes arising out of or relating to it. These Terms of Service will also
be binding on your heirs and successors and on our successors. In addition
to any other provisions identified herein as surviving termination, the
following provisions of these Terms of Service shall survive termination:
Sections 4, 5, 6, 7, 8, and 11 through 17.
4. Waiver; Severability
No waiver of any part of these Terms of Service, or of any breach of it, in
any one instance will require us to waive any other instance or breach. If
any part of these Terms of Service is declared invalid or unenforceable,
all other parts of these Terms of Service are still valid and enforceable.
5. Relationship Between Parties
Notwithstanding anything else herein, these Terms of Service do not create
any fiduciary relationships between you and us, or between you and any
Volkswagen Company or any of our other Service Partners. These Terms of
Service also do not create any relationship of principal and agent,
partnership, or employer and employee between you and us or between you and
any Volkswagen Company or any of our Service Partners.
6. Third-Party Beneficiaries
Without limitation of anything else set forth herein, you have no
contractual relationship whatsoever with any of our Service Partners,
including Wireless Service Providers, and these Terms of Service do not
give you any rights against any Volkswagen Company or any Service Partner.
You are not a third-party beneficiary of any agreement between us and any
of our Service Partners. None of our Service Partners has any legal,
equitable, or other liability of any kind to you under these Terms of
Service. You expressly waive any and all claims or demands for such
liability. Our Service Partners are third-party beneficiaries of these
Terms of Service.
7. Links
The Service may offer or contain links to other sites, including, among
others, those of advertisers, other third parties, and companies whose
trademarks may appear on the site. We are not responsible for the
information collection practices or the content of the sites to which we
link or for content and information collection practices of the Web sites
and online services belonging to our Service Partners.
8. Assignment
We can assign these Terms of Service, in whole or in part, to any
individual or entity we choose, at any time, without notice to you, in our
sole discretion.
9. 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. The
Equipment and the Service, and any underlying information accessed or
transferred by you using the Service may be subject to U.S. export
controls, including the Export Administration Act (50 U.S.C. § 2401, et
seq.) and the Export Administration Regulations (50 C.F.R. § 730-774), as
well as the import regulations of other countries. You agree not to export
or re-export any such Equipment, Software, or information to any foreign
country. Any information transferred by you using the Service or the
Equipment to any foreign country, entity, or person must comply with the
U.S. Export Administration Act and the Export Administration Regulations.
10. Your Comments
We welcome feedback concerning this Terms of Service. Please contact us
with your comments and questions at 1 (800) 822-8987.
For more information, call 1 (800) 822-8987 or go to www.vw.com/contact.
"Car-Net" is a registered trademark of Volkswagen Group of America, Inc.
“myVW” is a registered trademark of Volkswagen Group of America, Inc.
Apple, the Apple logo and iPhone are trademarks of Apple Inc., registered in the
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©2021-2023 Volkswagen of America, Inc.
VOLKSWAGEN CARE PROGRAM TERMS AND CONDITIONS
Coverage:
The Volkswagen Care program consists of a number of different pre-paid scheduled
maintenance plans. The details are provided below. The plan(s) that apply to
YOUR vehicle are specified on your Volkswagen Care Scheduled Maintenance Plan
Contract (“Maintenance Contract”) with asterisk (*) next to the applicable
plan(s).
What is not covered?
Volkswagen of America, Inc., an operating unit of Volkswagen Group of America,
Inc., ("VWoA") will not pay for parts or services that are not listed in the USA
Warranty & Maintenance booklet provided with your Volkswagen vehicle. Examples
of those items not covered include, but are not limited to: mechanical breakdown
repairs, hoses, brake pads and linings, and wheel alignment and balancing. In
addition, VWoA will not pay for maintenance services that are performed by any
party other than a participating authorized Volkswagen Dealership, or for loss
of time, inconvenience or other incidental or consequential losses.
Volkswagen Care
Purchase
Volkswagen Care is available for purchase only at participating authorized
Volkswagen Dealerships in the U.S. Volkswagen Care may be purchased for all 2014
model year and newer Volkswagen new vehicles (except for Routans), and all 2014
model year and newer Certified Pre-Owned and used Volkswagen vehicles (except
for Routans).
* A plan may be purchased at a participating authorized Volkswagen Dealership
either at the time of the retail sale or lease of the vehicle or at a later
time. Regardless of when a plan is purchased, the plan must be purchased at
full price. The price for each plan is specified on your Scheduled
Maintenance Contract.
* When a plan is purchased at the time of the retail sale or lease of a
Volkswagen vehicle through an authorized Volkswagen Dealer, it may be
possible to finance the cost of the plan as part of your vehicle loan or
lease. Please consult with your dealership or financing source for details.
* When a plan is purchased at a later date, you will not be able to include the
cost of the plan into your monthly payment for your vehicle loan or lease. It
is therefore highly recommended that you purchase a plan at the time you
purchase or lease your vehicle, or before the first Scheduled Maintenance
Interval (as defined below) of the plan.
* Dealer sets final customer price for the plan. Tax on the sale of the plan or
parts supplied under the plan may be due at the time of sale or at the time
of each scheduled maintenance service as required by state and/or local law
where the work is performed.
Scheduled Maintenance Intervals
Each of the scheduled maintenance plans cover the cost of the factory
recommended scheduled maintenance services as specified in the USA Warranty &
Maintenance booklet at the defined Scheduled Maintenance Intervals, as follows:
VOLKSWAGEN CARE BASIC SCHEDULED MAINTENANCE PLAN COVERS MODEL YEAR 2017 THROUGH
2019 VEHICLES AT THE FOLLOWING SCHEDULED MAINTENANCE INTERVALS:
<b>Volkswagen Care Basic</b> scheduled maintenance plan covers model year 2017
through 2019 vehicles at the following Scheduled Maintenance Intervals:<br>
MAINTENANCE INTERVAL
MILEAGE OR MONTHS FROM ORIGINAL VEHICLE IN-SERVICE DATE*
10,000-MILE SERVICE
20,000-MILE SERVICE
10,000 or 12 months; whichever occurs first
20,000 or 24 months; whichever occurs first
MAINTENANCE INTERVAL
10,000-MILE SERVICE
20,000-MILE SERVICE
MILEAGE OR MONTHS FROM ORIGINAL VEHICLE IN-SERVICE DATE*
10,000 or 12 months; whichever occurs first
20,000 or 24 months; whichever occurs first
VOLKSWAGEN CARE EXTRA 30 SCHEDULED MAINTENANCE PLAN COVERS MODEL YEAR 2014 AND
NEWER VEHICLES AT THE FOLLOWING SCHEDULED MAINTENANCE INTERVALS:
<b>Volkswagen Care Extra 30</b> scheduled maintenance plan covers model year
2014 and newer vehicles at the following Scheduled Maintenance Intervals:<br>
MAINTENANCE INTERVAL
MILEAGE OR MONTHS FROM ORIGINAL VEHICLE IN-SERVICE DATE*
30,000-MILE SERVICE
30,000 or 36 months; whichever occurs first
MAINTENANCE INTERVAL
30,000-MILE SERVICE
MILEAGE OR MONTHS FROM ORIGINAL VEHICLE IN-SERVICE DATE*
30,000 or 36 months; whichever occurs first
VOLKSWAGEN CARE 40 SCHEDULED MAINTENANCE PLAN COVERS MODEL YEAR 2014 AND NEWER
VEHICLES AT THE FOLLOWING SCHEDULED MAINTENANCE INTERVALS:
<b>Volkswagen Care 40</b> scheduled maintenance plan covers model year 2014 and
newer vehicles at the following Scheduled Maintenance Intervals:<br>
MAINTENANCE INTERVAL
MILEAGE OR MONTHS FROM ORIGINAL VEHICLE IN-SERVICE DATE*
40,000-MILE SERVICE
40,000 or 48 months; whichever occurs first
MAINTENANCE INTERVAL
40,000-MILE SERVICE
MILEAGE OR MONTHS FROM ORIGINAL VEHICLE IN-SERVICE DATE*
40,000 or 48 months; whichever occurs first
VOLKSWAGEN CARE 50 SCHEDULED MAINTENANCE PLAN COVERS MODEL YEAR 2014 AND NEWER
VEHICLES AT THE FOLLOWING SCHEDULED MAINTENANCE INTERVALS:
<b>Volkswagen Care 50</b> scheduled maintenance plan covers model year 2014 and
newer vehicles at the following Scheduled Maintenance Intervals:<br>
MAINTENANCE INTERVAL
MILEAGE OR MONTHS FROM ORIGINAL VEHICLE IN-SERVICE DATE*
50,000-MILE SERVICE
50,000 or 60 months; whichever occurs first
MAINTENANCE INTERVAL
50,000-MILE SERVICE
MILEAGE OR MONTHS FROM ORIGINAL VEHICLE IN-SERVICE DATE*
50,000 or 60 months; whichever occurs first
VOLKSWAGEN CARE 60 SCHEDULED MAINTENANCE PLAN COVERS MODEL YEAR 2014 AND NEWER
VEHICLES AT THE FOLLOWING SCHEDULED MAINTENANCE INTERVALS:
<b>Volkswagen Care 60</b> scheduled maintenance plan covers model year 2014 and
newer vehicles at the following Scheduled Maintenance Intervals:<br>
MAINTENANCE INTERVAL
MILEAGE OR MONTHS FROM ORIGINAL VEHICLE IN-SERVICE DATE*
60,000-MILE SERVICE
60,000 or 72 months; whichever occurs first
MAINTENANCE INTERVAL
60,000-MILE SERVICE
MILEAGE OR MONTHS FROM ORIGINAL VEHICLE IN-SERVICE DATE*
60,000 or 72 months; whichever occurs first
VOLKSWAGEN CARE 70 SCHEDULED MAINTENANCE PLAN COVERS MODEL YEAR 2014 AND NEWER
VEHICLES AT THE FOLLOWING SCHEDULED MAINTENANCE INTERVALS:
<b>Volkswagen Care 70</b> scheduled maintenance plan covers model year 2014 and
newer vehicles at the following Scheduled Maintenance Intervals:<br>
MAINTENANCE INTERVAL
MILEAGE OR MONTHS FROM ORIGINAL VEHICLE IN-SERVICE DATE*
70,000-MILE SERVICE
70,000 or 84 months; whichever occurs first
MAINTENANCE INTERVAL
70,000-MILE SERVICE
MILEAGE OR MONTHS FROM ORIGINAL VEHICLE IN-SERVICE DATE*
70,000 or 84 months; whichever occurs first
VOLKSWAGEN CARE 80 SCHEDULED MAINTENANCE PLAN COVERS MODEL YEAR 2014 AND NEWER
VEHICLES AT THE FOLLOWING SCHEDULED MAINTENANCE INTERVALS:
<b>Volkswagen Care 80</b> scheduled maintenance plan covers model year 2014 and
newer vehicles at the following Scheduled Maintenance Intervals:<br>
MAINTENANCE INTERVAL
MILEAGE OR MONTHS FROM ORIGINAL VEHICLE IN-SERVICE DATE*
80,000-MILE SERVICE
80,000 or 96 months; whichever occurs first
MAINTENANCE INTERVAL
80,000-MILE SERVICE
MILEAGE OR MONTHS FROM ORIGINAL VEHICLE IN-SERVICE DATE*
80,000 or 96 months; whichever occurs first
VOLKSWAGEN CARE 90 SCHEDULED MAINTENANCE PLAN COVERS MODEL YEAR 2014 AND NEWER
VEHICLES AT THE FOLLOWING SCHEDULED MAINTENANCE INTERVALS:
<b>Volkswagen Care 90</b> scheduled maintenance plan covers model year 2014 and
newer vehicles at the following Scheduled Maintenance Intervals:<br>
MAINTENANCE INTERVAL
MILEAGE OR MONTHS FROM ORIGINAL VEHICLE IN-SERVICE DATE*
90,000-MILE SERVICE
90,000 or 108 months; whichever occurs first
MAINTENANCE INTERVAL
90,000-MILE SERVICE
MILEAGE OR MONTHS FROM ORIGINAL VEHICLE IN-SERVICE DATE*
90,000 or 108 months; whichever occurs first
VOLKSWAGEN CARE 100 SCHEDULED MAINTENANCE PLAN COVERS MODEL YEAR 2014 AND NEWER
VEHICLES AT THE FOLLOWING SCHEDULED MAINTENANCE INTERVALS:
<b>Volkswagen Care 100</b> scheduled maintenance plan covers model year 2014 and
newer vehicles at the following Scheduled Maintenance Intervals:<br>
MAINTENANCE INTERVAL
MILEAGE OR MONTHS FROM ORIGINAL VEHICLE IN-SERVICE DATE*
100,000-MILE SERVICE
100,000 or 120 months; whichever occurs first
MAINTENANCE INTERVAL
100,000-MILE SERVICE
MILEAGE OR MONTHS FROM ORIGINAL VEHICLE IN-SERVICE DATE*
100,000 or 120 months; whichever occurs first
NON-CALIFORNIA
*The in-service date is the date that your vehicle is delivered to either the
original purchaser or the original lessee, or if the vehicle is first placed in
service as a "demonstrator" or "company car", then the date such vehicle is
first placed in service. An authorized Volkswagen Dealership will be able to
provide you with the in-service date of your vehicle.
Note: VWoA highly recommends that the scheduled maintenance be performed within
1,000 miles of the Scheduled Maintenance Interval or one year from the date that
the scheduled maintenance was last performed on the vehicle, whichever occurs
first. For complete details regarding scheduled maintenance, please consult your
vehicle's USA Warranty & Maintenance booklet or contact your Volkswagen dealer
or Volkswagen Service Facility for more information, including information about
any changes to the service intervals for your Volkswagen vehicle. Services
performed outside the maintenance parameters listed above may be excluded from
reimbursement.
All Scheduled Maintenance Intervals must be completed by bringing your vehicle
to a participating authorized Volkswagen Dealership. Scheduled maintenance
performed by a non-participating Volkswagen Dealership will not be covered by
your Volkswagen Care plan. You are responsible for confirming that the
Volkswagen Dealership at which you intend to obtain scheduled maintenance is a
participating authorized Volkswagen Dealership before obtaining scheduled
maintenance at that dealership. Except for at a few select participating
dealers, at-home service will not be provided, and you will be responsible for
transporting your vehicle to a participating authorized Volkswagen Dealership.
Contract Expiration
Your Maintenance Contract will expire once the last Scheduled Maintenance
Interval covered under such contract has been exceeded by three months or 6,000
miles, whichever occurs first. VWoA will not pay for any scheduled maintenance
completed after the expiration of the Maintenance Contract.
General Terms (Non-California)
Volkswagen Care plans are only valid in the country in which they are purchased.
This Scheduled Maintenance Plan Contract is effective on the date that you
electronically sign the contract (“Effective Date”) and expires when all covered
Scheduled Maintenance Intervals have been performed or you have failed to obtain
maintenance on your vehicle before the expiration of the Scheduled Maintenance
Plan Contract, as set forth above in the scheduled maintenance interval section.
All Scheduled Maintenance Intervals must be completed by a participating
authorized Volkswagen Dealer in order to qualify under this program.
Volkswagen Care plans cannot be canceled and are non-refundable, except as
provided below. After 30 days from the Effective Date, no refund will be given
if the vehicle is sold, the lease on the vehicle is terminated early or if the
lease term expires before the end of the Scheduled Maintenance Intervals or
before you obtain maintenance in connection with a Scheduled Maintenance
Interval.
There are three circumstances in which the Volkswagen Care plan(s) associated
with your vehicle may be canceled with a complete or partial refund given: (1)
if the vehicle covered by the plan is designated as "totaled" by the insurance
carrier, then you may cancel the plan and receive the specified refund; (2) if
the vehicle covered by the plan is repossessed, then the lienholder may cancel
the plan and receive the specified refund; or (3) if you submit a written
request to cancel the Scheduled Maintenance Plan Contract within 30 days of the
Effective Date in accordance with the instructions below, then you may cancel
the plan and receive the specified refund. The amount of any refund will be
based on whether you have obtained scheduled maintenance under a Scheduled
Maintenance Interval or whether the Scheduled Maintenance Interval has expired,
as set forth in the chart below. A Cancellation Fee will be deducted from any
refund, as provided in the chart below. For purposes of any Scheduled
Maintenance Plan Contract cancelled within 30 days of the Effective Date or
refunded due to the vehicle being totaled or repossessed, a Scheduled
Maintenance Interval will be considered to have “expired” if, at the time of
cancellation, the vehicle’s odometer reading is above the Scheduled Maintenance
Interval mileage.
The chart below shows the refund amount available on vehicles eligible for
refund, based on the Scheduled Maintenance Intervals that have been either
performed or that have expired. If the purchase of the Maintenance Contract was
financed, VWoA may make the refund payable to the purchaser, the assignee, or
lender of record, or both. No state or local taxes are included in any plan
refund.
REFUND TABLE FOR ELIGIBLE VEHICLES (NON-CALIFORNIA)
<b>Refund Table for Eligible Vehicles (Non-California)</b><br>
CONTRACT TYPE
MAINTENANCE INTERVAL USED OR EXPIRED
CANCELLATION FEE
REFUND AMOUNT AS A PERCENTAGE OF CUSTOMER PRICE PAID
All Contracts
No Services Used
Lesser of $25 or 10% of purchase price
100%
VW Care Basic
10,000-mile Interval
Lesser of $25 or 10% of purchase price
40%
20,000-mile Interval
Volkswagen Care contract fully earned, may not cancel
VW Care Extra
30,000-mile Interval
Volkswagen Care contract fully earned, may not cancel
VW Care 40
40,000-mile Interval
Volkswagen Care contract fully earned, may not cancel
VW Care 50
50,000-mile Interval
Volkswagen Care contract fully earned, may not cancel
VW Care 60
60,000-mile Interval
Volkswagen Care contract fully earned, may not cancel
VW Care 70
70,000-mile Interval
Volkswagen Care contract fully earned, may not cancel
VW Care 80
80,000-mile Interval
Volkswagen Care contract fully earned, may not cancel
VW Care 90
90,000-mile Interval
Volkswagen Care contract fully earned, may not cancel
VW Care 100
100,000-mile Interval
Volkswagen Care contract fully earned, may not cancel
CONTRACT TYPE
All Contracts
VW Care Basic
VW Care Extra
VW Care 40
VW Care 50
VW Care 60
VW Care 70
VW Care 80
VW Care 90
VW Care 100
MAINTENANCE INTERVAL USED OR EXPIRED
No Services Used
10,000-mile Interval
20,000-mile Interval
30,000-mile Interval
40,000-mile Interval
50,000-mile Interval
60,000-mile Interval
70,000-mile Interval
80,000-mile Interval
90,000-mile Interval
100,000-mile Interval
CANCELLATION FEE
Lesser of $25 or 10% of purchase price
Lesser of $25 or 10% of purchase price
Volkswagen Care contract fully earned, may not cancel
Volkswagen Care contract fully earned, may not cancel
Volkswagen Care contract fully earned, may not cancel
Volkswagen Care contract fully earned, may not cancel
Volkswagen Care contract fully earned, may not cancel
Volkswagen Care contract fully earned, may not cancel
Volkswagen Care contract fully earned, may not cancel
Volkswagen Care contract fully earned, may not cancel
Volkswagen Care contract fully earned, may not cancel
REFUND AMOUNT AS A PERCENTAGE OF CUSTOMER PRICE PAID
100%
40%
Volkswagen Care contract fully earned, may not cancel
Volkswagen Care contract fully earned, may not cancel
Volkswagen Care contract fully earned, may not cancel
Volkswagen Care contract fully earned, may not cancel
Volkswagen Care contract fully earned, may not cancel
Volkswagen Care contract fully earned, may not cancel
Volkswagen Care contract fully earned, may not cancel
Volkswagen Care contract fully earned, may not cancel
Volkswagen Care contract fully earned, may not cancel
NON-CALIFORNIA
To request a refund, you must submit your request, including a copy of your
Maintenance Contract, proof of totaled vehicle or repossession that includes the
vehicle’s VIN and Customer Name (as applicable), and the current odometer
reading on the covered vehicle as of the postmarked date of your request, in
writing to the following address: Volkswagen, Volkswagen Care Refunds, 3800 W.
Hamlin Road, Auburn Hills, MI 48326, or contact the Volkswagen Customer Care
team at 1-800-822-8987.
Volkswagen Care will be removed if a covered vehicle has been repossessed by the
lienholder.
Note:
Volkswagen Care coverage remains with the vehicle for which it was originally
purchased, as set forth in the Maintenance Contract, and can be used by
subsequent owners of that vehicle, unless otherwise specified in the terms set
forth above. Volkswagen Care plans are non-transferable to subsequent vehicles
purchased by the same owner.
Binding Non-Class Action Arbitration
YOU AND VWoA ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR
BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH
RESPECT TO ANY CLAIM.
Customer and VWoA agree that any dispute or controversy, whether between
customer and VWoA or customer and any authorized Volkswagen dealership, that
arises from or relates in any way to your purchase of Volkswagen Care, including
but in no way limited to any claims related to any advertising of Volkswagen
Care by VWoA or an authorized Volkswagen dealership, shall be resolved
exclusively and finally by binding arbitration.
Any arbitration arising under the Scheduled Maintenance Contract will be decided
by a single arbitrator, who shall have exclusive authority to resolve any
dispute relating to arbitrability, enforceability of this arbitration provision,
including any assertion that this arbitration provision is unconscionable or is
otherwise void, voidable or invalid. The arbitration shall be administered by
the American Arbitration Association (the "AAA") using the procedures in effect
for consumer disputes on the day an arbitration demand is made under this
provision. The location of any arbitration hearing will be in the city and state
in which you purchased Volkswagen Care or any other city and state to which the
parties mutually agree.
The parties agree that the Federal Arbitration Act, 9 U.S.C. §1 et seq. ("FAA")
governs the Scheduled Maintenance Contract. Except for issues related to
arbitrability, which are governed by the FAA, the substantive laws of the
Commonwealth of Virginia, without regard to conflicts of laws principles that
would require application of any other law, shall govern all matters arising out
of, or relating to, your purchase of Volkswagen Care.
YOU AGREE TO ARBITRATE ON AN INDIVIDUAL BASIS. IN ANY DISPUTE, NEITHER CUSTOMER
NOR VWoA SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER
CUSTOMERS, OR ARBITRATE OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS
REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.
VWoA will be responsible for paying all fees to the arbitrator incurred in the
arbitration. VWoA will not be responsible for your attorneys’ fees or any other
fees. Information on AAA and their applicable rules are available at the
following numbers and URLs: American Arbitration Association, (800) 778-7879,
www.adr.org.
CALIFORNIA
The in-service date is the date that your vehicle is delivered to either the
original purchaser or the original lessee, of it the vehicle is first placed in
service as a “demonstrator” or “company car”, then the date such vehicle is
first place in service. An authorized Volkswagen dealership will be able to
provide you with the in-service date of your vehicle. Services performed outside
the maintenance parameters listed above may be excluded from reimbursement.
Note: VWoA highly recommends that the scheduled maintenance be performed within
1,000 miles of the Scheduled Maintenance Interval or one year from the date that
the scheduled maintenance was last performed on the vehicle, whichever occurs
first. For complete details regarding scheduled maintenance, please consult your
vehicle’s USA Warranty and Maintenance booklet.
All Scheduled Maintenance Intervals must be completed by bringing your vehicle
to a participating authorized Volkswagen Dealership. Scheduled maintenance
performed by a non-participating Volkswagen Dealership will not be covered by
your Volkswagen Care plan. You are responsible for confirming that the
Volkswagen Dealership at which you intend to obtain scheduled maintenance is a
participating authorized Volkswagen Dealership before obtaining scheduled
maintenance at that dealership. Except for a few select participating dealers,
at-home service will not be provided, and you will be responsible for
transporting your vehicle to a participating authorized Volkswagen Dealership.
Contract Expiration
Your Maintenance Contract will expire once the last Scheduled Maintenance
Interval covered under such contract has been exceeded by three months or 6,000
miles, whichever occurs first. VWoA will not pay for any scheduled maintenance
completed after the expiration of the Maintenance Contract.
General Terms
Volkswagen Care plans are only valid in the country in which they are purchased.
This Scheduled Maintenance Plan Contract is effective on the date that you
electronically sign the contact (“Effective Date”) and expires when all covered
Scheduled Maintenance Intervals have been performed or you have failed to obtain
maintenance on your vehicle before the expiration of the Scheduled Maintenance
Plan Contract, as set forth above. All Schedule Maintenance Intervals must be
completed by a participating authorized Volkswagen Dealer in order to qualify
under this program.
Cancellation by VWoA
VWoA may cancel this Maintenance Contract for any reason within the first sixty
(60) days of the Effective Date; anytime thereafter, VWoA may only cancel their
Maintenance Contract for material misrepresentation, fraud, or non-payment of
the Maintenance Contract price. If VWoA cancels this Maintenance Contract within
the first sixty days (60) for any reason, a notice of cancellation will be
mailed to you stating the specific grounds for cancellation prior to the
sixty-first (61st) day from the Effective Date. If no claim has been paid, you
will receive a full refund. If a claim has been paid during this time period you
will receive a pro rata refund of the Maintenance Contract as set forth in the
chart below within 30 days of the date of cancellation. If this Maintenance
Contract is cancelled by VWoA due to material misrepresentation, fraud, or
non-payment of the Maintenance Contract price, a notice of cancellation will be
mailed to you stating the nature of the misrepresentation or the specific
grounds for cancellation and you will receive a pro-rata refund of the
Maintenance Contract price as set forth in the chart below within 30 days of the
date of cancellation. IF VWoA cancels, it will not impose a cancellation fee and
the Maintenance Contract ceases to be valid five days after the postmark date of
the notice of cancellation. If VWoA cancels this Maintenance Contract, any claim
reported to VWoA prior to the cancellation is covered, subject to the terms,
conditions, exclusions, and limitations in this Maintenance Contract. You are
deemed to have reported a claim if you have completed the first step required
under the Maintenance Contract for reporting a claim.
Cancellation by the Contract Holder
You may cancel this Maintenance Contract at any time by sending a written
cancellation request to VWoA. If the Maintenance Contract is cancelled by You
within sixty (60) days from the Effective Date and no claims have been filed,
You will receive a full refund. If VWoA receives Your request after sixty (60)
days past the Effective Date, or after a claim has been filed, then you will
receive a pro rata redund less cancellation fee as set forth in the chart below.
The amount of any refund will be based on whether you have obtained scheduled
maintenance under a Scheduled Maintenance Interval or whether the Scheduled
Maintenance Interval has expired, as set forth in the chart below. For purposes
of any refund, a Scheduled Maintenance Interval will be considered to have
“expired” if, at the time of cancellation, the vehicle’s odometer reading is
above the Scheduled Maintenance Interval mileage.
The chart below shows the refund amount available on vehicles eligible for
refund, based on the Scheduled Maintenance Intervals that have been either
performed or that have expired. No state or local taxes are included in any plan
refund.
REFUND TABLE FOR ELIGIBLE VEHICLES (CALIFORNIA)
<b>Refund Table for Eligible Vehicles (California)</b><br>
CONTRACT TYPE
MAINTENANCE INTERVAL USED OR EXPIRED
CANCELLATION FEE IF CANCELLED BY YOU
Refund Amount as a percentage of Customer Price Paid
All Contracts
No Services Used
Within 60 days: No fee
After 60 days: Lesser of $25 or 10% of purchase price
100%
VW Care Basic
10,000-mile Interval
Within 60 days: No fee
After 60 days: Lesser of $25 or 10% of purchase price
40%
20,000-mile Interval
Volkswagen Care contract fully earned, may not cancel
VW Care Extra
30,000-mile Interval
Volkswagen Care contract fully earned, may not cancel
VW Care 40
40,000-mile Interval
Volkswagen Care contract fully earned, may not cancel
VW Care 50
50,000-mile Interval
Volkswagen Care contract fully earned, may not cancel
VW Care 60
60,000-mile Interval
Volkswagen Care contract fully earned, may not cancel
VW Care 70
70,000-mile Interval
Volkswagen Care contract fully earned, may not cancel
VW Care 80
80,000-mile Interval
Volkswagen Care contract fully earned, may not cancel
VW Care 90
90,000-mile Interval
Volkswagen Care contract fully earned, may not cancel
VW Care 100
100,000-mile Interval
Volkswagen Care contract fully earned, may not cancel
CONTRACT TYPE
All Contracts
VW Care Basic
VW Care Extra
VW Care 40
VW Care 50
VW Care 60
VW Care 70
VW Care 80
VW Care 90
VW Care 100
MAINTENANCE INTERVAL USED OR EXPIRED
No Services Used
10,000-mile Interval
20,000-mile Interval
30,000-mile Interval
40,000-mile Interval
50,000-mile Interval
60,000-mile Interval
70,000-mile Interval
80,000-mile Interval
90,000-mile Interval
100,000-mile Interval
CANCELLATION FEE IF CANCELLED BY YOU
Within 60 days: No fee
Within 60 days: No fee
Volkswagen Care contract fully earned, may not cancel
Volkswagen Care contract fully earned, may not cancel
Volkswagen Care contract fully earned, may not cancel
Volkswagen Care contract fully earned, may not cancel
Volkswagen Care contract fully earned, may not cancel
Volkswagen Care contract fully earned, may not cancel
Volkswagen Care contract fully earned, may not cancel
Volkswagen Care contract fully earned, may not cancel
Volkswagen Care contract fully earned, may not cancel
CANCELLATION FEE IF CANCELLED BY YOU
After 60 days: Lesser of $25 or 10% of purchase price
After 60 days: Lesser of $25 or 10% of purchase price
Volkswagen Care contract fully earned, may not cancel
Volkswagen Care contract fully earned, may not cancel
Volkswagen Care contract fully earned, may not cancel
Volkswagen Care contract fully earned, may not cancel
Volkswagen Care contract fully earned, may not cancel
Volkswagen Care contract fully earned, may not cancel
Volkswagen Care contract fully earned, may not cancel
Volkswagen Care contract fully earned, may not cancel
Volkswagen Care contract fully earned, may not cancel
Refund Amount as a percentage of Customer Price Paid
100%
40%
Volkswagen Care contract fully earned, may not cancel
Volkswagen Care contract fully earned, may not cancel
Volkswagen Care contract fully earned, may not cancel
Volkswagen Care contract fully earned, may not cancel
Volkswagen Care contract fully earned, may not cancel
Volkswagen Care contract fully earned, may not cancel
Volkswagen Care contract fully earned, may not cancel
Volkswagen Care contract fully earned, may not cancel
Volkswagen Care contract fully earned, may not cancel
CALIFORNIA
To request a refund, you must submit your request, including a copy of your
Maintenance Contract, proof of totaled vehicle or repossession that includes the
vehicle’s VIN and Customer Name (as applicable), and the current odometer
reading on the covered vehicle as of the postmarked date of your request, in
writing to the following address: Volkswagen, Volkswagen Care Refunds, 3800 W.
Hamlin Road, Auburn Hills, MI 48326, or contact the Volkswagen Customer Care
team at 1-800-822-8987.
Volkswagen Care will be removed if a covered vehicle has been repossessed by the
lienholder.
Note:
Volkswagen Care coverage remains with the vehicle for which it was originally
purchased, as set forth in the Maintenance Contract, and can be used by
subsequent owners of that vehicle, unless otherwise specified in the terms set
forth above. Volkswagen Care plans are non-transferable to subsequent vehicles
purchased by the same owner.
Binding Non-Class Action Arbitration
YOU AND VWoA ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR
BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH
RESPECT TO ANY CLAIM.
Customer and VWoA agree that any dispute or controversy, whether between
customer and VWoA or customer and any authorized Volkswagen dealership, that
arises from or relates in any way to your purchase of Volkswagen Care, including
but in no way limited to any claims related to any advertising of Volkswagen
Care by VWoA or an authorized Volkswagen dealership, shall be resolved
exclusively and finally by binding arbitration.
Any arbitration arising under the Scheduled Maintenance Contract will be decided
by a single arbitrator, who shall have exclusive authority to resolve any
dispute relating to arbitrability, enforceability of this arbitration provision,
including any assertion that this arbitration provision is unconscionable or is
otherwise void, voidable or invalid. The arbitration shall be administered by
the American Arbitration Association (the "AAA") using the procedures in effect
for consumer disputes on the day an arbitration demand is made under this
provision. The location of any arbitration hearing will be in the city and state
in which you purchased Volkswagen Care or any other city and state to which the
parties mutually agree.
The parties agree that the Federal Arbitration Act, 9 U.S.C. §1 et seq. ("FAA")
governs the Scheduled Maintenance Contract. Except for issues related to
arbitrability, which are governed by the FAA, the substantive laws of the
Commonwealth of Virginia, without regard to conflicts of laws principles that
would require application of any other law, shall govern all matters arising out
of, or relating to, your purchase of Volkswagen Care.
YOU AGREE TO ARBITRATE ON AN INDIVIDUAL BASIS. IN ANY DISPUTE, NEITHER CUSTOMER
NOR VWoA SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER
CUSTOMERS, OR ARBITRATE OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS
REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.
VWoA will be responsible for paying all fees to the arbitrator incurred in the
arbitration. VWoA will not be responsible for your attorneys’ fees or any other
fees. Information on AAA and their applicable rules are available at the
following numbers and URLs: American Arbitration Association, (800) 778-7879,
www.adr.org.
VW CAR-NET® TERMS OF SERVICE FOR MODEL YEAR 2020-2024 VEHICLES
These VW Car-Net Terms of Service (“Terms of Service”) apply to your use of and
access to Services provided by Volkswagen of America, an operating division of
Volkswagen Group of America, Inc. (“VWoA,” “we,” or “us”), through a Volkswagen
vehicle (“Vehicle”) and any software, websites, or applications associated with
VW Car-Net (collectively, the “Services,” as further described herein). These
Terms of Service shall apply to each Vehicle owner, lessee, or renter, or other
person accessing or using the Services through such person’s Vehicle or VW
Car-Net account (generally defined herein as “you” or “user”). You are
responsible for your own compliance with these Terms of Service and for
compliance by occupants of your Vehicle and anyone using the Service or your
account, whether or not authorized by you.
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 BE ADVISED THAT THIS AGREEMENT CONTAINS PROVISIONS THAT GOVERN HOW
DISPUTES BETWEEN YOU AND US ARE RESOLVED, WHICH INCLUDES AN AGREEMENT TO SUBMIT
ANY DISPUTE RELATED TO THE SERVICES OR THESE TERMS OF SERVICE TO BINDING
INDIVIDUAL ARBITRATION RATHER THAN PROCEEDING IN COURT. THESE TERMS ALSO
INCLUDE A JURY TRIAL WAIVER AND A CLASS ACTION WAIVER, WHICH MEANS YOU AGREE NOT
TO HAVE A TRIAL BY JURY AND NOT TO PROCEED WITH ANY DISPUTE AS PART OF A CLASS
ACTION. PLEASE SEE SECTION 11 OF THESE TERMS OF SERVICE FOR FURTHER
INFORMATION.
You must be at least 18 years of age, or the age of majority in your state of
residence, to accept these Terms of Service and enroll in the Services as the
Primary Driver/User (defined in Section 2 below). If you are under 18 years of
age, or under the age of majority in your state of residence, your parent or
guardian must accept these Terms of Service on your behalf and enroll as the
Primary Driver/User. You are responsible for informing others who use your
Vehicle that the Services are active and that data may be collected from your
Vehicle in accordance with the VWoA Privacy Statement, available hereOpens an
external link, which may be updated from time to time.
DO NOT USE OR OTHERWISE ENGAGE WITH THE MOBILE APP OR YOUR MOBILE DEVICE WHILE
DRIVING. USERS OF THE APP SHOULD NEVER OPERATE THE APP IN A MANNER THAT IS
DISTRACTING TO THE DRIVER/USER. 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 VWoA terms, policies, and guidelines
identified or referenced herein, 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 and for compliance 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 www.vw.com/carnetOpens an external link (the “VW Car-Net Website”), and the
mobile app (“myVW App”) are governed by these Terms of Service and the VWoA
Privacy Statement that is incorporated into these Terms of Service. A copy of
the VW Privacy Statement is available hereOpens an external link, as well as on
the VW Car-Net Website and in the myVW App.
2. Setting Up Your Car-Net Account
In order to receive all available functionality or features of the Services
under a service plan you select (“Service Plan,” as further described in Section
4 below), you will be required to create an account through the VW Car-Net
Website or the myVW App. Some functionality or features of the Services require
your registration for an account with 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
you must notify us immediately if you become aware of any breach of security or
unauthorized use of your account or the Services.
The Services permit you, through your myVW App account, to designate a “Primary
Driver” (or “Primary User” as referenced by your Vehicle settings) and
“Secondary User” of the Vehicle. The “Primary Driver/User” is generally the
owner or lessee of the Vehicle; “Secondary Users” are any other individual(s)
the Primary Driver/User designates and authorizes by name to access and use the
Services. As between the Primary Driver/User and any Secondary Users, the
Primary Driver/User 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/User and any Secondary User.
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 receives GPS
signals and communicates with our response centers 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. 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. Services are
currently only available in the continental United States (including the
District of Columbia), Alaska, Hawaii, and Puerto Rico. 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, at all times. 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 data collected from the Vehicle, including in connection with Vehicle
monitoring services, and the other information you provide to us in connection
with the Services are used and shared in accordance with the VWoA Privacy
Statement available hereOpens an external link. For more detailed information
on our data collection and use practices, please refer to the Car-Net section of
the VWoA Privacy Statement.
3.3 Third-Party Service Providers
We work with many different companies, individuals, and government entities to
provide you with the Services. These may include, for example, and without
limitation, telecommunications providers, wireless providers, call center
service providers, public safety operators, emergency personnel, towing
companies, equipment and software manufacturers, licensors, and any parties that
provide any service, equipment, features, 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 VWoA affiliate
or subsidiary may be a VW Car-Net Service Provider.
The Services include offerings from various third parties with whom we contract
to provide their products and services through VW vehicles (“Integrated Content
Providers”) and whose services are integral to the Services and without which,
many of the Services would not work. VWoA 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. Integrated Content Providers have
the right to use your data for their own purposes; therefore, services from
Integrated Content Providers will be subject to their terms and conditions and
privacy statements. Links to the additional terms and conditions of Integrated
Content Providers may be found on the VW Car-Net Website 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. VWoA collects and shares information with these Integrated Content
Providers and receives information from these Integrated Content Providers for
the purposes described above and in order for you to receive the services and/or
content requested. For a complete list of the Car-Net Integrated Content
Providers and their respective contact information, please see the list of
Integrated Content Providers in the VWoA Privacy Statement.
In addition to the Integrated Content Providers’ services available as part of
the Car-Net Services, you can obtain or purchase additional services or
offerings from other third parties that we introduce or with whom you
independently engage that rely on the Car-Net platform (“Optional Third
Parties”). Services provided by Optional Third Parties are not integral to the
basic operation of Car‑Net 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 include remote package, fuel, or
other in-vehicle delivery; car sharing; tolling pricing; usage-based insurance;
or other third‑party services. Services or offerings from such Optional Third
Parties will be subject to their own separate terms and conditions and privacy
statements. Although not comprehensive, for your convenience, links to some of
the additional terms and conditions of Optional Third Parties (including, but
not limited to, Verizon and T-Mobile for Wi-Fi services), as well as their
pricing rates, may be found on the VW Car-Net Website or in the myVW App.
By facilitating your access to any services provided by Integrated Content
Providers or Optional Third Parties, VWoA makes no representations about or
endorsements of such services. Your relationship in connection with these
services is solely between you and the provider. You should carefully review
the terms and conditions of each provider you use.
3.4 Wi-Fi Hotspot
Every Vehicle enrolled in Car-Net may be provided with a free trial period of an
in-vehicle Wi-Fi hotspot. For Vehicles enrolled in Car-Net with Verizon service,
Verizon offers may offer a free trial period (based on time or data) of an
in-vehicle Wi-Fi hotspot. We share information with Verizon in order to
activate the Wi-Fi hotspot during the free trial period, including name, contact
information, and equipment identification. Verizon will handle this data in
accordance with Verizon’s privacy statement and terms of service, which can be
found hereOpens an external link, including for purposes of marketing
subscriptions to Wi-Fi services. If you want to discontinue your Wi-Fi hotspot
during the trial period, you can disable your hotspot from the Wi-Fi page on the
VW Car-Net Website or myVW App, or you can contact Verizon directly. Upon
expiration of the trial period, you must enter into a subscription agreement
with Verizon to continue your Wi-Fi hotspot service, and your data will continue
to be governed by Verizon’s privacy statement and terms of service. You will
need to contact Verizon directly at 800-922-0204 in order to cancel your Wi-Fi
subscription. Press “#” and select “1” for support on Verizon’s pre-paid plan.
For Vehicles enrolled in Car-Net with T-Mobile service, VWoA may offer a free
trial period (based on time or data). The terms and conditions of T-Mobile
service apply to this trial period and can be found hereOpens an external link.
T-Mobile will handle your data in accordance with T-Mobile’s privacy policy and
terms of service, which can be found hereOpens an external link. If you want to
discontinue your Wi-Fi hotspot during the trial period, you may do so by
disabling your hotspot from the Wi-Fi settings in the Vehicle head unit or in
the myVW App. Upon expiration of the trial period, T-Mobile Wi-Fi service will
terminate. You may choose to activate service with T-Mobile after the trial
expires or at any time via the VW activation portal. To cancel your data plan,
you must call T-Mobile directly at 800-866-2453.
VW may notify Verizon or T-Mobile if you transfer ownership of the Vehicle. Once
notified of your transfer of ownership, Verizon or T-Mobile may terminate
service.
3.5 Software
We use software in connection with the Services (the “Software”). We, or our VW
Car-Net Service Providers, own or have rights to all such software and you do
not acquire any rights in such software other than the right to use such
software as reasonably necessary for you to use the Services as permitted in
your Service Plan and these Terms of Service. You may not, and you may not
permit a third party to, access the Software except as stated in these Terms of
Service. Further, you may not modify, translate, decompile, create derivative
work(s) of, copy, distribute, disassemble, broadcast, transmit, publish, remove,
or alter any proprietary notices or labels, license, sublicense, transfer, sell,
mirror, frame, exploit, lease, private label, grant a security interest in, or
otherwise use in any manner not expressly permitted herein the Software.
Moreover, you may not (a) attempt to gain unauthorized access to any portion or
feature of the Software, any other systems or networks connected to the
Software, any VWoA server, or any of the services offered on or through the
Software by any illegitimate or prohibited means; (b) probe, scan, or test the
vulnerability of the Software or any network connected to the Software, or
breach the security or authentication measures on the Software or any network
connected to the Software; (c) use any device, software, or routine to interfere
with the proper working of the Software or any transaction conducted on the
Software, or with any other person’s use of the Software; or (d) use the
Software in an unlawful manner.
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
(“Software Updates”). Software Updates may be available over-the-air (or OTA) or
via download and may occur automatically or require you to initiate the required
download or installation. We may provide notice of Software Updates to you in a
variety of ways, including through your Vehicle’s infotainment system, an
associated mobile or web application, email, or text messaging, or by other VWoA
approved means of communication. We strongly suggest that you install or permit
the installation of the Software Updates as soon as you receive notice of them.
You also agree that if you allow a person who is not the Primary Driver/User of
the Vehicle to use the Software, you are responsible for ensuring that such
person using the Vehicle installs or permits the timely installation of all
Software Updates. You understand and agree that if you do not install the
updates, the software for the Vehicle may not be updated or improved for your
use. If permitted, these Software Updates may affect or erase data that you have
previously stored on the Equipment in your Vehicle (such as specific route or
destination information). 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.
Voice control systems that are made available in the Vehicle may be supplemented
by third-party content providers outside of VWoA. To use such voice control
functions, you must accept the applicable content provider’s terms of use.
3.7 Events Beyond Our Control
Various conditions beyond our control may prevent or delay us from providing any
or all of the Services to you and/or may 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, 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; acts of God, government actions, terrorism, civil
disturbances, labor 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 your Service Plan, without notice
to you and without any refund, compensation, credit, or other liability to you.
Additionally, the availability and use of the Software may be subject to your
Vehicle’s equipment compatibility, software compatibility, telecommunication
capabilities, or your Vehicle being within the range of the wireless network of
the wireless carrier that supports your Vehicle’s telecommunication (with rural
or enclosed areas having a negative impact) and is subject to transmission
limitation or interruption, including, but not limited to, technical
obsolescence or sunsetting of certain equipment, devices, networks, or software
inside of or external to the Vehicle that is required for data transmission or
receipt. You are not entitled to a credit or refund as a result of any delay or
failure described herein.
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 the cost of replacing, any Equipment that is necessary to
receive the Services as a result of such change or discontinuation.
3.8 License Grant
Subject to your continued compliance with these Terms of Service, VWoA grants to
you a limited, revocable, non-exclusive, non-transferable, non-sublicensable,
personal license to download, install, and otherwise access and use, for
personal and non-commercial purposes, the Services and Software as installed,
directed, permitted, or updated by VWoA. You also acknowledge and agree that
VWoA has the right to control and direct the means, manner, and method by which
the Services and Software are provided.
Upon violation of this license grant or of these Terms of Service, your rights
will terminate immediately, and we may terminate your access to the Services
without notice to you.
4. Service Plans
Current information about Services and Service Plans available for Vehicles
(“Service Plans”) can be found at the VW Car-Net Website (www.vw.com/carnetOpens
an external link). We may change, add, or delete Services and Service Plans at
any time, with or without notice to you.
4.1 Included Service Plan
Unless otherwise specified by VWoA, certain VW Car-Net plans (“Included Plans,”
or individually, “Included Plan”) may be included with model year 2020 and new
vehicles at no additional cost. Each Included 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. When you purchase your
Vehicle, you should ask your VW dealership to specify the end date of each
Included Plan associated with your Vehicle. Specific features available with
each Included 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 may require certain pre-installed software and, therefore, may
not be offered or available in your Vehicle. If you do not know the features
available in your Vehicle with each Included Plan or the end date of an Included
Plan associated with your Vehicle, please contact the Volkswagen Response Center
at 1-833-648-2735 to receive that information.
To continue to receive the services and features of any Included Plan after the
term of the Included Plan’s expiration, you will need to (1) purchase or
subscribe to a paid Service Plan prior to the end of your Included Plan term, or
(2) enroll in a paid plan at any time after your Included Plan Term as long as
you can maintain proof of ownership of your Vehicle. To purchase or subscribe
to a paid Service Plan, please visit the VW Car-Net Website or the myVW App or
call the Volkswagen Response Center at 1-833-648-2735.
4.2 Paid Service Plans; Subscriptions
VWoA may make certain paid Services and subscription-based Service Plans
(collectively, “VW Paid Plans”) available from time to time, each with various
services and features for model year 2020 and new vehicles. Information about
specific features and pricing (“Service Rates”) for Service Plans, including VW
Paid Plans, is available on the VW Car-Net Website or on the myVW App, or by
calling the Volkswagen Response Center at 1-833-648-2735. VW Paid Plans may not
include services provided by certain third parties that 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.
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 are specified on the VW Car-Net
Website or the myVW App, or are available by calling the Volkswagen Response
Center at 1-833-648-2735. We will notify you of any price increases applicable
to your Service Rate for any VW Paid Plan, in which event, you will have the
opportunity to cancel Services if you do not agree to the new Service
Rate. Continued use of the Service following such notice of an increase(s)
after the opt-out period expires 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 card
issuer that we accept in order to activate your paid Services. Notwithstanding
anything to the contrary in these terms, we are not obligated to accept any
particular method of payment. You hereby authorize VWoA 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 rules. Fees
associated with your payment account, including, but not limited to,
insufficient funds fees, reversal fees, or overdraft fees are your
responsibility and will not be reimbursed by us.
You acknowledge that you are responsible for paying all amounts due and payable
to VWoA on time and in full. 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
the Services (in whole or in part) without notice to you if your credit, charge,
or debit card provider refuses a charge from us or if such card has otherwise
expired. Even if we terminate or suspend the Services, you will still be
responsible for any charges due at the time of such suspension or termination.
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 still be responsible for any charges due at the time of such
suspension or termination. If we elect to terminate your Service (in whole or in
part), you will not be entitled to any refunds or credits regardless of the
reason for such termination.
5.3 Payment of Recurring Charges
In the event that 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 the 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. In addition to all applicable
Service Rates, you agree to pay all taxes, fees, and surcharges charged to you
by us, which will be added to your bill. 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 charges
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 1-833-648-2735 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.
6. Service Cancellations and Refunds
6.1 How to Cancel Service Plans
You can cancel or terminate your Included Plan or a VW Paid Plan at any time by
calling the Volkswagen Response Center at 1-833-648-2735, visiting your account
profile on the VW Car-Net Website, or using 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 an Included Plan will be effective as of
the date of your cancellation request.
When you cancel a VW Paid Plan, your cancellation will be effective as of the
date that you request your VW Paid Plan to be canceled. 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. Visit the VW Car‑Net
Website or the myVW App for links to the terms and conditions of VW Integrated
Content Providers or Optional Third Parties.
Please note that unless and until you cancel all Service Plans in which you have
enrolled (including the Included Plan and any VW Paid Plans) and the Primary
Driver/User no longer has any connection to the Vehicle (by performing a factory
reset in the Vehicle’s infotainment screen or removing the Vehicle from the
associated myVW account), data may continue to be collected from your
Vehicle. Even if you cancel an Included Plan or a VW Paid 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 Volkswagen Response Center
representative.
Please see Section 8 for notice and cancellation requirements if you transfer or
sell your Vehicle.
6.2 Refund Policy
If you cancel Services provided through a VW Paid Plan within 30 days of
activation of such Services, the Services shall be disabled, and all fees paid
to VWoA related to the canceled 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 check, money order, debit
card, or any other method other than crediting your credit card on file. Trial
subscriptions are not redeemable for cash. In the event your credit card on file
is no longer valid and VWoA is unable to credit said card, no credit or refund
shall be issued.
No refunds will be provided for any VW Paid plan for cancellation requests
received more than 30 days after activation of the Services in your Vehicle,
EXCEPT AS EXPRESSLY PROVIDED ELSEWHERE IN THESE TERMS OF SERVICE.
Notwithstanding anything herein to the contrary, in no event will you be
entitled to a refund for: (i) any payment that was included in the purchase or
lease price of your Vehicle; or (ii) for any one-time activation fees or
transaction-based fees you may have incurred. Such amounts are non‑refundable.
VWoA 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 the Volkswagen Response Center 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, as
determined by us in our sole discretion, and if you notify us within seven days
of the continuous interruption. 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 (Available) Service Buttons in Overhead Console (Two or
Three-Button Module)
Your Vehicle may be equipped with certain service buttons, which may include an
i-Button, Wrench Button, and SOS Button. Please consult the owner’s manual for
information on service buttons including important warnings.
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, available Services may
be limited, including Services available through Vehicle service
buttons. Please enroll and create a Car-net account through the VW Car-Net
website or the myVW App.
Calls with our Volkswagen Response Center 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 Volkswagen Response Center 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; and (ii) release us and our VW
Car-Net Service Providers from claims, liabilities, and losses resulting in
connection with any such monitored and/or recorded communications.
7.2 Non-Emergency Roadside Assistance
If you have paid for the applicable Service Plan that includes non-emergency
roadside assistance (or if this Service Plan is included as complimentary), we
will attempt to arrange for roadside assistance services when you request it
through the Wrench Button in your Vehicle. Non-emergency roadside assistance
(such as help with a flat tire) accessed through the Wrench Button in your
Vehicle is provided by third parties that may involve additional cost to
receive. 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
If you have paid for the applicable Service Plan that includes emergency
assistance (or if this Service Plan is included as complimentary), 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 the Equipment in your Vehicle signals for it.
However, 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.
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 (or if this Service Plan is included as
complimentary), 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, which may take some time. 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.
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, but Vehicle Health
Reports are automatically shared with your (preferred) dealer to help manage
service and repair unless you opt-out (through the myVW app) of the sharing of
such information with your dealership. 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 Volkswagen 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
we 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 to complete
them. If you would like to change the VW dealership we have on file for you,
you can change it using the VW Car-Net Website or myVW App. We, and your VW
dealership, reserve the right at any time to decline or cancel any appointment
at any time after you schedule it. We, or your VW dealership, will endeavor to
give you notice of such cancellation.
By accepting these terms, you consent to sharing your Vehicle data and other
information provided to us in connection with VW Car-Net registration and
Services as described in the VW Privacy Statement. Certain information,
including your Vehicle Health Report, will be shared with your preferred dealer
for your Vehicle unless you opt-out (through the myVW app) of the sharing of
such information with your dealership. 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
You may be able to participate in DriveView™, a usage-based insurance program
supported by the Services unless you opt-out (through the myVW app). If you
would like to participate in DriveView, the separate terms of service shall
apply and are available
here (https://b-h-s.spr.us00.p.con-veh.net/securecontent/tos/UBI-TOS.html)
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 Volkswagen
Response Center at 1-833-648-2735 to inquire.
7.9 Text and Data Rates
Standard text and data rates may apply to your use or receipt of certain
Services.
8. Your Additional Responsibilities
You agree to only use the Services when it is safe and legal to do so and in
compliance with these Terms of Service. You are solely responsible for those who
use the Services in your Vehicle or use your account information even if you
later claim the use was not authorized, and you will be responsible and liable
for paying any charges arising from such use and any damages or expenses
incurred by VWoA as a result of such use. VWoA has no obligation to inquire
about the authority of anyone using your Vehicle or other information that can
be used to identify your account to request the Services for your Vehicle.
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/USER 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 Insuring Your Vehicle
The Services do not constitute insurance and you should not rely on it to limit
the potential for loss, theft, or damage to your Vehicle or property. You are
solely responsible for obtaining and maintaining any and all insurance for your
Vehicle, your passengers, and your property. No insurance company or insurer
will be entitled to any right of subrogation against us or our VW Car-Net
Service Providers.
8.3 No Illegal, Fraudulent, or Abusive Use of the Services
You agree that you will not use the Equipment, the Services, any associated VWoA
Website or the myVW App, or contact our Car-Net Response Center 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 Provider’s 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 customer service representative. You acknowledge that we
have the right to terminate your Services if you exhibit such inappropriate
behavior, in our sole discretion.
8.4 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. VWoA 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. We reserve the right to disclose any
information about you, including your account information and access to and use
of your account, to law enforcement as necessary and as permitted by law to
enforce these Terms of Service, to comply with any court order, or as permitted
in the VW Privacy Statement.
8.5 No Resale of the Services and Limitation on Commercial Use
Except as may be permitted by VWoA 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, 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.
8.6 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.
8.7 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, it is your responsibility to notify us by contacting one of our
Volkswagen Response Center representatives at 1-833-648-2735, and you should
cancel your Service Plans and any third-party agreements (e.g., Wi-Fi or
satellite radio) 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.
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 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 by disassociating, removing, or unlinking your Vehicle
with the myVW app and performing a factory reset in the vehicle’s infotainment
screen. Please note that performing a factory reset automatically cancels any
active Car-Net subscriptions and myVW account affiliations. 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 call the Volkswagen Response Center
at 1‑833‑648‑2735 to learn how to perform a factory reset or otherwise delete
information stored on your Vehicle. Performance of a factory reset may disable
active Car-Net subscriptions or accounts. Please contact the Volkswagen Response
Center at the number above for troubleshooting.
9. 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 VW Car-Net 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. 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 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 VW Privacy Statement. 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.
10. Term and Our Right to Terminate Services
This Agreement will take effect (or re-take effect) at the moment you
acknowledge that you have read, understand, and agree to abide by the terms and
conditions of these Terms of Service, or otherwise when you begin downloading,
accessing, or using the Services or Software (or following the installation of
the Software), whichever action or event is earliest. VWoA reserves the right,
in its sole discretion and at any time and for any reason, to terminate,
discontinue, or modify any aspect or feature of the Services. These Terms of
Service will also terminate automatically if you fail to comply with its terms
and conditions, subject to the survival rights of certain provisions identified
below. Termination will be effective without notice. You may also terminate
these Terms of Service at any time by ceasing to use the Services, but all
applicable provisions of these Terms of Service will survive termination, and
each re-access or use of the Services will reapply this Agreement (then in
effect) to you.
We can also decide to either suspend or terminate the Services at any time, for
any reason in 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 or inappropriate purpose; (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; or (v)
for reasons unrelated to you or your account with us. 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.
If we elect to terminate 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, you will not be entitled to any refunds or credits. You do 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 10), or otherwise receive confirmation that you no longer own
or lease your Vehicle, we may suspend or terminate your Services. Please see
Sections 6.1 and 8.7 above for requesting a transfer or cancellation of the
Services.
This Section 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.
10.1 Third-Party Beneficiaries
The parent, subsidiaries, and affiliates of Volkswagen Group of America, 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. 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. You expressly waive any and all claims or
demands for such liability.
10.2 Changes to These Terms of Service
We can change these Terms of Service at any time. We will notify you of such
change by sending notice of or otherwise posting amended terms through your VW
Car-Net account and as required by law. 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 (as noted in Section 6
above). If you do not cancel Services within 30 days after we give you notice
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.
11. Intellectual Property
The Services are protected by the United States and international copyright laws
and may be subject to other intellectual property protections, including patent
and trademark rights. The information contained in the Services and all
modifications, enhancements, and derivative works, including all related
inventions, know-how, images, designs, photographs, writings, methodologies,
documentation, reports, specifications, data generated from your use of the
Vehicle and Services and analytics relating to such data, and all intellectual
property rights relating to any of the foregoing (collectively, “Materials”) are
the sole property of VWoA or its respective authorized licensors, sponsored
parties, and/or content providers and are protected by copyrights, trademarks,
trade secrets, and other proprietary rights. You are granted permission to
display, copy, distribute, download, and print Materials solely for the purposes
of using the Services and other authorized uses described in these Terms of
Service. All copyright laws worldwide apply to use of the Materials and
unauthorized use and/or copying is strictly prohibited. Except as may be
provided in these Terms, we do not grant any express or implied right in or
under any patents, trademarks, copyrights, or trade secret information
whatsoever. All trademarks relative to the Services and Materials are the
property of VWoA or other rights holders and may not be used without the prior
consent of us, or from the rights holder. “Volkswagen,” “VW,” “Car-Net,” and
model names are registered trademarks of Volkswagen AG. All other trademarks
are property of their respective owners. Copyright © 2023 Volkswagen Group of
America, Inc. All rights reserved. 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 or the
Materials, including the 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 Services are the registered and/or unregistered trademarks
of Volkswagen Group of America, Inc. 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 Group
of America, Inc., or the other owner thereof. Your use of Volkswagen Group of
America, Inc.’s Marks is strictly prohibited.
11.1 Claims of Copyright Violations and Agent for Notice
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for
copyright owners who believe that material appearing on the internet infringes
their rights under U.S. copyright law. If you believe that your work has been
copied in a way that constitutes copyright infringement, or that your
intellectual property rights have been otherwise violated, please provide our
copyright agent with the following information:
1. An electronic or physical signature of the person authorized to act
on behalf of the owner of the copyright or other intellectual property interest;
2. A description of the copyrighted work or other intellectual property
that you claim has been infringed;
3. A description of where the material that you claim is infringing is
located (e.g., URL) with enough detail that we may find it;
4. Your address, telephone number, and email address;
5. A statement by you that you have a good faith belief that the
disputed use is not authorized by the copyright or intellectual property owner,
its agent, or the law; and
6. A statement by you, made under penalty of perjury, that the above
information in your notice is accurate and that you are the copyright or
intellectual property owner or are authorized to act on the copyright or
intellectual property owner’s behalf.
Any notification by a copyright owner or a person authorized to act on its
behalf that fails to comply with requirements of the DMCA shall not be
considered sufficient notice and shall not be deemed to confer upon us actual
knowledge of facts or circumstances from which infringing material or acts are
evident.
We suggest that you consult your legal advisor before filing a notice with our
copyright agent. You should be aware that there can be penalties for false
claims under the DMCA.
Our copyright agent for notice of claims of copyright or other intellectual
property infringement can be reached as follows:
By email: VWCustomerCARE@vw.comOpens a mail link
By mail: Volkswagen Customer CARE Center, 3800 Hamlin Road, Auburn Hills, MI
48326
Please note that, due to security concerns, attachments cannot be
accepted. Accordingly, any notification of infringement submitted
electronically with an attachment will not be received or processed.
11.2 Disclaimer of Warranties
NEITHER VWoA, ANY VW COMPANY, NOR OUR VW CAR-NET SERVICE PROVIDERS 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 VWoA, ANY VW COMPANY, NOR OUR VW CAR‑NET
SERVICE PROVIDERS MAKE ANY 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, WARRANTIES OF
SECURITY, TITLE, CONTENT, QUALITY, ACCURACY, TIMELINESS, COMPLETENESS,
CORRECTNESS, RELIABILITY, LONGEVITY, MERCHANTABILITY, OR FITNESS FOR A
PARTICULAR PURPOSE OR USE. ALL SUCH WARRANTIES ARE EXPRESSLY EXCLUDED BY THESE
TERMS OF SERVICE. VWoA EXPRESSLY DISCLAIMS ANY AND ALL EXPRESS AND IMPLIED
WARRANTIES. THE ONLY WARRANTIES APPLICABLE TO THE EQUIPMENT IN YOUR VEHICLE ARE
THOSE PROVIDED AS PART OF YOUR PURCHASE OR LEASE OF YOUR VEHICLE. SUCH WARRANTY
DOES NOT COVER THE SERVICES, IN WHOLE OR IN PART.
11.3 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. You acknowledge and agree that
neither we, nor any VW Company, nor our VW Car-Net Service Providers are liable:
(i) for our inability to contact any VW Car‑Net Service Providers or other
party in any particular situation (including any emergency personnel); (ii) for
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) for errors or omissions of any
Service Providers, vendors, dealerships, or manufacturers participating in
offers made through us; or (iv) for any damages that result from or arise out of
the use, installation, repair, or maintenance by you (or by any person you
authorize) of the Equipment or Service, or any product or service provided by or
manufactured by third parties.
IF VWoA, 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, FRAUD, MISREPRESENTATION, BREACH OF CONTRACT, PERSONAL INJURY,
OR PRODUCTS LIABILITY), SHALL BE LIMITED TO AN AMOUNT EQUAL TO 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.
YOU ACKNOWLEDGE AND AGREE THAT NEITHER VWoA, NOR ANY VW COMPANY, NOR ANY VW
CAR-NET SERVICE PROVIDERS WOULD HAVE AGREED TO PROVIDE THE SERVICES OR EQUIPMENT
TO YOU WITHOUT YOUR AGREEMENT TO THIS LIMITATION. YOU FURTHER ACKNOWLEDGE AND
AGREE THAT THE DAMAGES CAP SET FORTH IN THIS PARAGRAPH SHALL BE THE SOLE AND
EXCLUSIVE LIABILITY OF US, ANY 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, EXEMPLARY, TREBLE, CONSEQUENTIAL, INDIRECT, OR SPECIAL DAMAGES OF
ANY KIND INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUE (REGARDLESS OF
WHETHER VWoA, ANY VW COMPANY, OR OUR VW CAR-NET SERVICE PROVIDERS HAVE BEEN
NOTIFIED THAT SUCH LOSS MAY OCCUR); OR (II) ATTORNEYS’ FEES. YOU AGREE NOT TO
MAKE, AND TO WAIVE TO THE FULLEST EXTENT ALLOWED BY LAW, ANY CLAIM FOR DAMAGES
OTHER THAN DIRECT, COMPENSATORY DAMAGES AS LIMITED ABOVE. SOME STATES DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO
THOSE PARTICULAR LIMITATIONS MAY NOT APPLY TO YOU.
11.4 Indemnification; Release
You agree to defend, indemnify, and hold harmless VWoA, 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 attorneys’ fees on account thereof)
(collectively “Claims”) irrespective of the nature of the cause of such Claims,
alleging loss, costs, expenses, damages, or injuries (including, without
limitation, Claims for libel, slander, or any property damage, personal injury,
or death), arising in any way, directly or indirectly, in connection with your
(or any occupant of your Vehicle) use of the Car-Net Services or your violation
of these Terms of Service.
You agree that the limitations of liability and indemnities in these Terms of
Service for your conduct while these Terms of Service were in effect with you
will survive even after your Service Plan has ended or the Services have
terminated.
WITHOUT LIMITATION OF THE GENERALITY OF THE FOREGOING, YOU FURTHER AGREE TO
RELEASE VWoA, 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, DATA
COLLECTION, AND VEHCILE MONITORING CONDUCTED IN ACCORDANC WITH VWoA’S (PAST OR
THEN-CURRENT) PRIVACY POLICY, PERSONAL INJURY, OR PROPERTY DAMAGE ARISING FROM
THE TOTAL OR PARTIAL FAILURE OF PERFORMANCE OF THE SERVICES (INCLUDING IN AN
EMERGENCY SITUATION THAT MAY INVOLVE THE FAILURE TO CONTACT APPROPRIATE
EMERGENCY PERSONNEL OR A SITUATION WHERE THE I-BUTTON, WRENCH BUTTON, SOS
BUTTON, OR OTHER SIMILAR VEHCILE FUNCTIONALITY FAILS TO OPERATE OR BE
AVAILABLE), EVEN IF CAUSED BY THE DISCONTINUATION OF TECHNOLOGIES NOT CONTROLLED
BY VWoA OR ANY VW COMPANY OR OTHER VW CAR-NET SERVICE PROVIDER, THE NEGLIGENCE
OF VWoA, 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.
11.5 Dispute Resolution
PLEASE FIRST CONTACT US FOR CUSTOMER SUPPORT IN THE EVENT OF ANY DISPUTE. IF
YOU ARE UNSUCCESSFUL IN RESOLVING YOUR DISPUTES BY COMMUNICATING BETWEEN US
WITHIN A REASONABLE TIME PERIOD, YOU AND VWoA EACH AGREE THAT, TO THE FULLEST
EXTENT PROVIDED BY LAW:
(I) ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OF
SERVICE, OR TO ANY PRODUCT OR SERVICE PROVIDED UNDER OR IN CONNECTION WITH THESE
TERMS OF SERVICE, WILL BE SETTLED BY INDEPENDENT ARBITRATION INVOLVING A NEUTRAL
ARBITRATOR AND ADMINISTERED BY THE BETTER BUSINESS BUREAU (“BBB”) UNDER BBB
ARBITRATION RULES, AS MODIFIED BY THESE TERMS OF SERVICE. BBB RULES AND FEE
INFORMATION ARE AVAILABLE FROM US OR THE BBB. ARBITRATION IS NOT A COURT
PROCEEDING. THE RULES OF ARBITRATION DIFFER FROM THE RULES OF COURT. THERE IS
NO JUDGE OR JURY IN AN ARBITRATION PROCEEDING;
(II) EVEN IF APPLICABLE LAW PERMITS CLASS ACTIONS OR CLASS ARBITRATIONS, YOU
EXPRESSLY WAIVE ANY RIGHT TO PURSUE ON A CLASS BASIS ANY SUCH CONTROVERSY OR
CLAIM AGAINST VWoA, ANY VW COMPANY, OR ANY OF OUR VW CAR-NET SERVICE PROVIDERS,
OR ANY OF OUR RESPECTIVE AFFILIATES, OFFICERS, DIRECTORS, AGENTS, PARTNERS,
LICENSORS, EMPLOYEES, CONTRACTORS, OR PREDECESSORS IN INTEREST. IF MULTIPLE
CLAIMS ARE JOINED IN ONE ACTION, SOME OF WHICH WOULD NOT BE SUBJECT TO
ARBITRATION, THE LATTER CLAIMS MUST BE STAYED UNTIL ANY CLAIMS IN THAT ACTION
THAT ARE SUBJECT TO ARBITRATION HAVE BEEN RESOLVED. IF CLAIMS ARE ASSERTED
AGAINST MULTIPLE PARTIES, SOME OF WHOM ARE NOT REQUIRED TO ARBITRATE, THE CLAIMS
SUBJECT TO ARBITRATION MUST BE SEVERED. HOWEVER, YOU RETAIN YOUR RIGHT TO FILE
A COMPLAINT WITH ANY REGULATORY AGENCY OR COMMISSION; NO ARBITRATOR HAS THE
AUTHORITY TO AWARD RELIEF IN EXCESS OF WHAT THESE TERMS OF SERVICE PROVIDE, OR
TO ORDER CONSOLIDATION OR CLASS ARBITRATION, EXCEPT THAT AN ARBITRATOR DECIDING
A CLAIM ARISING OUT OF OR RELATING TO A PRIOR AGREEMENT MAY GRANT AS MUCH
SUBSTANTIVE RELIEF ON A NON-CLASS BASIS AS SUCH PRIOR AGREEMENT WOULD
PERMIT. IN ALL ARBITRATIONS, THE ARBITRATOR MUST GIVE EFFECT TO APPLICABLE
STATUTES OF LIMITATIONS AND WILL DECIDE WHETHER AN ISSUE IS ARBITRABLE OR
NOT. IN A LARGE/COMPLEX CASE ARBITRATION, THE ARBITRATORS MUST ALSO APPLY THE
FEDERAL RULES OF EVIDENCE AND THE LOSING PARTY MAY HAVE THE AWARD REVIEWED BY A
REVIEW PANEL CONSISTING OF THREE ARBITRATORS; AND
(III) IN THE EVENT THE FOREGOING ARBITRATION REQUIREMENTS DO NOT APPLY, YOU AND
VWoA EACH WAIVE, TO THE FULLEST EXTENT ALLOWED BY LAW, ANY TRIAL BY JURY AND A
JUDGE WILL DECIDE ANY AND ALL DISPUTES.
12. Contact Information
For customer care issues or general inquiries regarding VW Car-Net, you may
contact or notify us by using your Vehicle’s available technology (please
consult your owner’s manual for more information) or by dialing 1-833-648-2735.
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
that 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 1-833-648-2735
and you speak with a live Car-Net Response Center representative. Notices
applicable to all users may be posted through the VW Car-Net Website or myVW
App.
13. Miscellaneous Terms
13.1 The Laws Governing Our Relationship
Subject to the dispute resolution provisions above, these Terms of Service and
any applicable disputes arising out of or relating to it, the Equipment, or
Services will be governed by the laws of the Commonwealth of Virginia, wherever
filed, without regard to conflicts of laws principles and subject to arbitration
as set forth above.
13.2 Entire Agreement
These Terms of Service (including the Service Plan as described on the VW
Car-Net Website, VW Privacy Statement, and any other document or policy
incorporated by or into this Agreement) 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 or your Service Plan.
13.3 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, the provisions concerning VWoA’s intellectual property,
indemnification, disclaimers of warranty and liability, admissibility of these
Terms of Service, severability, entire agreement, and governing law.
13.4 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.
13.5 Relationship Between VWoA, 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 and successors and on our successors.
13.6 Assignment by VWoA
We can assign these Terms of Service, in whole or in part, to any individual or
entity we choose, at any time, without notice to you, in our sole discretion.
13.7 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. The Equipment and the
Service and any underlying information accessed or transferred by you using the
Services may be subject to U.S. export controls, including the Export
Administration Act (50 U.S.C. § 2401, et seq.) and the Export Administration
Regulations (50 C.F.R. § 730–774), as well as the import regulations of other
countries. You agree not to export or re-export any such 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 the U.S. Export Administration Act and the Export Administration
Regulations.
13.8 Notice and Contact Information
It is your sole responsibility to ensure that we have the most up-to-date and
accurate contact information for you at all times. (i.e., email address, mailing
address, mobile phone number). Any notice we send you will be sent to your last
known residence or electronic mail address as shown on our records. Any written
notice from us will be considered given when we send it by email to the email
address you have provided to us that is then in our records, or two days after
we mail it to you at the most current billing address we have on file for you.
Any oral notices will be considered given when we call you or when you call us
toll-free at 1-833-648-2735 or you speak with a live customer service
representative.
13.9 Questions
If you have any questions about these Terms of Services, the Services,
Equipment, Service Plans, or any other aspects of this agreement, please contact
a Car-Net Response Center representative at 1-833-648-2735.
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