Volvo Cars offers you services to provide Freedom to Move in a personal, sustainable and safe way (“Services”).
Examples of our Services are the Volvo Cars App, Digital Services, Remote Vehicle Services, connected safety, or car sharing. Some Services vary depending on market and other Services are in car functions that differ by car model and year. Not all Services are available in all markets.
The Volvo Cars entity entering into these Terms with you in Australia is Volvo Car Australia Pty Ltd, 65 Epping Road North Ryde, New South Wales 2113, Australia which is referred in these Terms to as “Volvo Cars” or “we”, “us” or “our”, and includes any affiliate of Volvo Cars (“Affiliate”).
Service providers and contracting entities
For Volvo Cars Digital Services and Remote Services subscriptions, as well as for other Services where so communicated, Volvo Cars is the service provider. If you purchased your car directly from us then such subscribed Services form part of your contract with us. If you purchased your car from a Retailer, then a separate contract for the subscribed Services directly between you and Volvo Cars covers the provision of these Services from us to you. When the relevant subscription period ends, you will need to renew the subscription or purchase a new subscription for the Services in question if you wish to continue using them. If you choose not to prolong or renew the Digital Services they will be turned off, which also may affect the functionality of other car applications and Third Party Services.
For some Services we may nominate an Affiliate to provide the Services. We will notify you of the Affiliate either through any applicable Specific Terms, in the order process, by email or the Volvo Cars App.
Where Volvo Cars uses a third party as a subcontractor to provide part of a Service, Volvo Cars will remain responsible for the Service unless otherwise agreed between you and Volvo Cars or as otherwise stated in these Terms, any applicable Third Party Terms or Documentation. Volvo Cars may also make Third Party Services available to you, such Third Party Services to be contracted independently and directly by you with the specific third party providing the Third Party Services. Volvo Cars shall in no event be a party to an agreement between you and the third party providing the Third Party Services.
What terms apply?
All Services are subject to these Volvo Cars Terms of Services (“Terms”) and may be subject to Specific Terms, Third Party Terms or Documentation.
To use a Service, you must accept these Terms (which may include specific service description below e.g. Remote Vehicle Services), in some cases separate Specific Terms, and any applicable Third Party Terms by pressing or clicking a confirmation button, or if purchasing a Service by placing an order, and following your acceptance a binding agreement is entered into between you and Volvo Cars for use of the relevant Service. The Terms apply to Third Party Services only to the extent necessary for the provision of that Third Party Service.
“Specific Terms” are separate terms and/or service descriptions from us applicable in addition to these Terms, for a particular Service. Specific Terms should be read with and subject to these Terms.
“Third Party Services” are services provided by an independent third party, separate from our Services, and our primary role is making these available to you. You may be required to pay fees and/or accept the Third Party´s Terms as a condition of using the Third Party Service.
“Third Party Terms” are separate terms and conditions between you and a Third Party relevant to a Third Party Service.
“Documentation” refers to other information about particular Services available at various places throughout the Volvo Cars eco-system, e.g. Owner´s Manual, at http://support.volvocars.com, at http://volvocars.com, in Volvo Cars apps, in your Volvo car and/or at your local Volvo Cars retailer. Documentation may contain legal terms and conditions as well as restrictions on how you are entitled to use a particular Service, and these form part of the contract between you and Volvo Cars. If the Documentation and these Terms or any Specific Terms should conflict, the latter shall prevail. Nothing contained in the Documentation grants you the right to use a specific Service.
USING A SERVICE
Requirements
You may use a Service only if you are: (a) of age, (b) capable of forming a contract, and (c) not barred from using the Service under applicable law.
The “Primary Driver” of a Volvo car is the person who has the right to dispose of it, uses it in a permanent manner as a means of transport and/or is registered as the owner, lessee, subscriber or authorised user of the car at a national or state authority (if any). The Primary Driver may not necessarily be the owner of the car e.g. the lessee of a Volvo car while the leasing company is the owner, or subscriber to a Care by Volvo car. You must be the Primary Driver or have the Primary Driver´s clear and undisputed consent (“Primary Driver’s Consent”) to use a Service in any way linked to a specific Volvo car or link a Service to a specific Volvo car or to any other Service. We may at any time investigate whether you are the Primary Driver or have the Primary Driver´s Consent.
Any links made between a Volvo car and a Service or between different Services can at any time be deactivated as described in the Documentation. You are obliged to deactivate any links if you no longer are the Primary Driver of the car or no longer have the Primary Driver’s Consent.
Services may vary depending on the Volvo car model and model year, your country of residence, where the Volvo car is registered, was sold and is used, your primary language, the mobile network provider, the infotainment system and application services provider(s). If the Volvo car is not equipped with the necessary technical features or if you do not fulfil the requirements set out in these Terms and/or any Third Party Terms for the particular Service, we are not obliged to provide you with the Service(s). We make information available about our Services and any applicable requirements which you should read and understand before you purchase or subscribe to that Service.
Services may also vary depending on your own access to a certain device(s) (e.g. mobile devices or computers with specific software and operating systems). If your device(s) is not equipped with the necessary technical features or does not fulfil the requirements set out in these Terms, any Specific Terms and/or any Third Party Terms for the particular Service, we are not obliged to provide you with the Service(s). We are not responsible where a Service is not available, has reduced or impacted availability or operation due to reasons beyond our reasonable control such as connectivity, geographic, or topographic conditions (such as remote locations, underground parking, tall buildings, hills or tunnels), damage to or failure to maintain the car or the equipment in good working order, government laws, rules or regulations, failure, congestion or outages of utility or telecommunications networks, cyber-attacks, war, act of God, natural disaster, inclement weather, labour strikes, unscheduled downtime, service or software updates or errors.
Some Services require a mobile internet service to operate. Your Volvo car may include the cost of a prepaid, SIM only mobile internet service (“internet service”) as part of the Digital Services (described below) for a certain period which may only be used for the purposes of the Digital Services.
Your access to and use of any internet service provided by us as part of the Services may be subject to the satisfactory completion of a verification process that includes a mandatory ‘know your customer’ check. In this process, certain documentation and personal information must be provided to Volvo Cars or its authorised representative. In some cases, you may be asked to submit additional documentation to successfully pass the identification process.
Certain features provided in the Services must only be used when you have the Volvo car in sight or otherwise are assured that it is safe to use and without risk of damage to property or persons, as described in these Terms, Specific Terms or Documentation. All Services should only be used by you in compliance with the relevant laws in your market and should not be used for any illegal purposes. You must use features and Services made available to you in accordance with all applicable road and traffic laws in your jurisdiction. Volvo Car’s features complement safe driving practices and are not intended to enable or encourage distracted, aggressive, or otherwise unsafe or illegal driving. Ultimately, you are responsible for safe and lawful operation of the vehicle at all times. Any warranty regarding the suitability, safety or possibility to use a Service is subject to our Disclaimer of warranty ‘Disclaimer of warranty’.
Volvo ID
Use of many Services requires you to have an active Volvo ID. A Volvo ID is a unique, personal and non-transferable account and is how we provide you with access to Services within the Volvo Cars ecosystem. The Volvo ID and related functionality is a Service and governed by these Terms. Creation and use of Volvo ID is free of charge Volvo ID.
Some Services may require you to link your Volvo ID to one or more Volvo cars.
By registering a Volvo ID, you confirm that the data provided to us by you is and remains accurate and that the Volvo ID is created for use in accordance with these Terms. You also confirm that we can contact you on the email address you specified when you registered your Volvo ID. We will not use this email address for direct marketing unless: (a) the direct marketing concerns a product or service that is similar to one you already purchased, and you have not opted out of receiving the direct marketing, or (b) in all other situations, you have given us your express permission to do so.
Change of ownership/Primary Driver of a Volvo car
In case of a change of ownership and/or a change of the Primary Driver (if not the owner) of a Volvo car you must promptly deactivate your use of all Services related to that Volvo car by using the ´reset to factory settings´. Depending on the Volvo car model and model year you may need to take the car to a local Volvo retailer to complete the reset and a fee may be payable. You must promptly deactivate the link between your Volvo ID and the transferred Volvo as well as between your Volvo ID and all Services linked to the transferred Volvo and any related data (being data input as part of the Services, such as your home address). More information on how to deactivate links can be found in the Documentation. You can also ask your local Volvo Cars retailer or Contact us.
If we become aware of any change of ownership and/or a change of the Primary Driver (if not the owner) of a Volvo car with one or more Volvo IDs linked to it, we may immediately block or deactivate these links unless you can show that you are the Primary Driver or have the Primary Driver's Consent to continue using your Volvo ID in relation to the Volvo car. Unless required by applicable law, a Volvo car owner or Primary Driver will not have the right to access information about previous owners, previous Primary Drivers, or Volvo IDs previously linked to the Volvo car.
SERVICES
You can access many Services through our main app, the “Volvo Cars App” which manages your interaction with Volvo Cars. You need a Volvo ID to use the Volvo Cars App. There are some Services or functionality that are free, while others required a subscription or must be purchased.
Digital Services
Some Volvo cars are sold or compatible with a Digital Services package that can include:
- Google maps, Google digital assistant and Google Play app store
- Remote Vehicle Services
- Internet service included (if provided).
The internet service included in the Digital Services package (if provided) is a prepaid, SIM only mobile internet service which does not have a cap on included data usage, though usage is subject to the Fair Use policy (available https://www.volvocars.com/au/legal/terms. If you do not comply with the Fair Use Policy we may terminate the Digital Services. The underlying network is the Singtel Optus mobile network but we remain responsible for the provision of the internet service to you. Volvo Cars is not affiliated with Singtel Optus. If a Digital Services package is provided with your Volvo car that includes an internet service, you will only be able to acquire an internet service for the Volvo car as part of the Digital Services package. For the avoidance of doubt, you will not be able to acquire an internet service from any other internet service provider. The internet service will only be able to be used in connection with the use of the Digital Services and the SIM is not able to be removed from the Volvo car.
Remote Vehicle Services
Remote Vehicle Services is a wireless Service connected to your Volvo car. The product was formerly called Volvo On Call and it may still be referred to by this name in some instances e.g. phones running on older operating systems, the VOC in car button, in Documentation that has not yet been updated.
You may be able to use functions from your mobile phone:
- remotely perform commands - start the climate system, start the engine, send destination directions
- see information about your car - temperature, fuel or electric range, unlocked doors, alarm activation, required maintenance, driver journal, electricity usage
- track your car, create driving records.
You may be able to also contact a Volvo Cars call centre directly from your Volvo car.
Remote Vehicle Services does not provide an emergency call service. You cannot contact any emergency service provider directly through the Remote Vehicle Services. You may be able to be connected to an emergency service provider through the Remote Vehicle Services function in certain circumstances.
Most functions require that the Volvo Cars App is downloaded and used on your mobile phone. You can read our Product Description for Digital Services that also describes Remote Vehicle Services here.
Digital Services and Remote Vehicle Services subscriptions
An active subscription is required for Digital Services or Remote Vehicle Services to operate. The Digital Services package, which may include an internet service, may be provided with the purchase of a new Volvo car for a specific initial term (“Initial Subscription”).
You may extend your subscription for the Digital Services Package (if provided), including by extending any included internet service, after the Initial Subscription ends. You can contact us to learn more about how to renew your Initial Subscription https://www.volvocars.com/au/v/legal/contact-us.
All Digital Services or Remote Vehicle Services subscriptions follow the car and not you – so if you sell the Volvo car then the subscription is available only to the new owner. You must inform Volvo that you no longer own the car and cancel any rolling subscriptions to avoid future payments. The Digital Services or Remote Vehicle Services will remain available in connection with the car until the end of the relevant subscription period. No refund of any subscription fee is available if you sell your car or if Digital Services or Remote Vehicle Services are no longer available because you are no longer the Primary Driver of the car.
Remote Vehicle Services disclaimers
Remote Vehicle Services aims to support you and passengers in the event of accidents or car theft, subject to the scope and functions of Remote Vehicle Services but: (a) is not a contract of insurance, and Volvo Cars has no liability to any insurance company in respect of your Volvo car, (b) is not intended to substitute or replace any other anti-theft equipment installed in your Volvo car, (c) does not provide any emergency call service functionality or replace or substitute any state or national emergency service available to you, and (d) must be used in accordance with all applicable laws and regulations. Volvo Cars makes no representations or warranties that a stolen vehicle will be recovered.
DIGITAL BOOKING
What is Digital Booking?
Digital Booking is a Volvo Cars Service, available either through the Volvo Cars App or online, that enables you to book a time for Service of your Volvo car, or other Valet services, with a Retailer. It may not be available in your market.
Definitions used for Digital Booking are:
- “Digital Booking” means each separate confirmed request for Service or Valet services.
- “Driver” means a person employed or contracted by a Retailer that, drives customer and loaner vehicle back and forth between the customer’s location and service center, delivers test drive vehicles to a preferred location for the customer, performs a lease exchange with a customer or delivers a new purchased vehicle to a preferred location.
- “Lease Exchange” means that a swap of your lease or subscription vehicle is being made at a preferred location.
- “Retailer” means a business independent of Volvo Cars that is authorised to sell Volvo branded passenger cars and/or provide other related services including Valet.
- “Servicing” means specific services, to be determined and agreed between you and Volvo Cars or a Retailer, in relation to your Volvo vehicle for example routine maintenance, warranty service, etc.
- “Test Drive” means to have a vehicle delivered to a preferred location and then being able to test drive the vehicle.
- “User” means employees of Volvo Cars or a Retailer that work with Volvo Valet and the accompanying product Birdseye and have access to customer accounts and data.
- “Valet” means arranging for your Volvo vehicle to be picked up and/or dropped off in connection with (i) Servicing (ii) Vehicle Delivery (iii) Test Drives (iv) Lease Exchange, or (v) any other similar service available through the Volvo Cars App.
- “Vehicle Delivery” means to have a newly purchased vehicle delivered to a preferred location.
Volvo Cars does not perform any Servicing through Digital Booking – it is only a technical platform that enables you to book a time for Servicing your Volvo car by a Retailer.
Valet includes an employee or contractor of a Retailer going to an agreed location at an agreed date and time to retrieve and return your Volvo car.
If the Retailer offers loaner (or courtesy) vehicles, then one may be provided – you will need to agree any additional terms in connection with the loaner this with the Retailer.
When the Valet service is complete, a Digital Booking is scheduled with you to deliver your car to an agreed location at an agreed date and time.
You can manage your Digital Bookings on the Volvo Cars App. Managing a Digital Booking involves:
- Scheduling an appointment for your Volvo car to be picked up at an agreed upon location (either within the Volvo Cars App or by calling a service center that offers the service)
- Meet the designated Driver (defined above) at the appropriate location, date, and time.
- Provide your Volvo car’s key.
- Follow instructions provided by the Driver.
- Follow your Digital Booking’s progress in the Volvo Cars App.
- Schedule an appointment for the return of your vehicle following the steps above.
Service Provider Interactions
Using Digital Booking is free of charge.
Servicing: Unless you have purchased, or subscribed to, your Volvo car from Volvo Cars directly:
- All work performed on your Volvo car by the Retailer is subject to a separate contract between you and the Retailer.
- The prices which are displayed on Digital Booking are provided by Retailers and not by Volvo Cars. You need to confirm the scope of Servicing and the price with the Retailer before your Volvo car is serviced.
Valet services: Volvo Cars does not, through Valet, provide any vehicles itself. Retailers are responsible for the pickup, delivery, and sharing customer and/or loaner vehicles. The agreement regarding Valet services and any fees is exclusively between you and the Retailer. Volvo Cars is not involved in the screening or engagement of Drivers by Retailers. Volvo Cars does not guarantee that the pickup and delivery of a vehicle through Valet will be successful.
Claims arising out of or which are related to Digital Booking, Valet, Servicing or any other services performed or provided by a Retailer or a Driver shall exclusively be dealt with between you and the Retailer, and to the extent permissible under law Volvo Cars shall not be liable for any loss or damage. Retailers are always responsible for the acts or omissions of its employees, agents and contractors.
Digital Booking is only a technical platform that enables you to book a time for Servicing or Valet, or for Users to support the performance of pickup and deliveries through Valet.
You may cancel the use of Digital Booking by emailing cld-luxedata@grp.volvocars.com.
PURCHASING SERVICES
Ordering Services
Before you can use a Service that requires a separate payment to be made for that Service, you will need to complete an order process through the Volvo Cars App or online, confirm your order and pay for the Service. Please take the time to read and check your order at each step of the process. By placing your order, a binding agreement is entered into between you and Volvo Cars for use of the relevant Service unless we reject your order, where we are permitted to do so by law (the “Contract”).
Upon finalising your order, you will see an order confirmation on the screen and we will also send you a receipt/invoice email containing relevant details about your order and a unique order ID number that should be referred to in any subsequent queries or correspondence relating to your order. Alternatively, we may contact you to say that we do not accept your order. This is typically because: (a) we cannot authorise your payment, or (b) you are not entitled to purchase the Service.
Payment
Where a separate payment is required to be made for a Service, it may be ordered and paid for through the Volvo Cars App or online, using only commonly used credit or debit cards via a secure online payment system.
We use third party payment services and, by providing your credit or debit card information, you expressly authorize our payment provider to charge applicable fees (as may be applicable) on this payment method as well as taxes and other charges you incur and agree to the handling of the payment transaction and your card details and any other information necessary for a payment transaction to be executed by the relevant third party (including but not limited to fraud prevention). We only use third party payment services that are certified by banks and card acquirers to securely manage payment transactions. All communication between our website and your bank is handled by third party payment services.
Right to cancel
You may cancel your Contract within 14 days after entering into your Contract without giving any reason.
To exercise your right of cancellation, you must inform us of your decision to cancel the Contract by a clear statement. You can do this by sending an email to owners.australia@volvocars.com or sending your cancellation by post to our address noted above. You can use this form to give cancellation, although it is not required.
If you decide to cancel the Contract, we will without undue delay reimburse you for all payments which we have received from you in relation to the Contract. If you have used the Service before you exercise your right of cancellation, we may make a reasonable deduction from the reimbursement corresponding to your use of the Service.
We will make the reimbursement using the same means of payment as you used for the initial transaction. You will not incur any fees from as a result of the reimbursement.
Nothing in these Terms will affect your statutory rights, whether in relation to your withdrawal right or otherwise.
Subscriptions and renewals
If you have a Digital Services package, we will contact you in advance of the expiry of your Initial Subscription regarding how to renew or extend your subscription for Digital Services.
DIGITAL AND IP MATTERS
Use restrictions
You may not use the Services:
- contrary to what is stipulated in these Terms, any Specific Terms or Third Party Terms and/or the Documentation.
- in a way that would be in conflict with applicable laws or regulations, e.g. intellectual property rights or traffic regulations. Usage threatening the security of any Services as well as usage that may damage or interfere with our or a third party´s technical infrastructure or other customer´s use of the Services is also prohibited.
You must not damage, disable, or in any other way impair the Services or in relation to the Services introduce viruses, “worms”, malware, spyware, “trojan horses” or other malicious code or programs that may damage the operation of the Services. If you let other persons use the Services, you acknowledge and agree that the use is entirely your responsibility. This means that any breach by a user of these Terms, any applicable Specific Terms or Third Party Terms and/or the Documentation will be considered a breach made by you.
The use and/or creation of an account required for the Services under a false identity, or otherwise by means of incorrect information, are prohibited and may also be a criminal offence.
Some Services may require a password, in which case you must choose a password that is difficult for others to reveal. We may establish requirements in respect of what is considered a sufficiently secure password. You are solely responsible for keeping your password secret and must not reveal it to third parties. If you suspect that any third party has gained unauthorised access to your password, you shall immediately change the password. If you suspect that any third party has gained unauthorised access to any Services through your Volvo ID, please immediately contact us.
You represent and warrant that you will not sell, provide, transfer, sublicense, or export the Services in full or part (including but not limited to any software) to any “Listed Person” which shall mean any person, company, entity or organization, designated on any sanctions list issued by, or otherwise blocked or subject to economic sanctions imposed by, the European Union (“EU”), the United States (“U.S.”) or the United Nations (“UN”), or any other relevant government authority, as the case may be, or any person owned or controlled by, or acting for or on behalf of, such Listed Person. You further represent and warrant that you are not acting for or on behalf of, and will not otherwise sell, provide, transfer or sublicense the Services in full or part (including but not limited to any software) to, any person located or organized in Cuba, Iran, North Korea, Syria or the Crimea region of Ukraine. By using the Services, you also represent and warrant that you are not located in any such country or on any such list.
User licence and intellectual property rights
All intellectual property rights in and to the contents of Services (including but not limited to any software) are our or our Affiliates´ and/or licensors´ exclusive property. Unless these Terms, any applicable Specific Terms and/or the Documentation otherwise allow, you are not granted any rights in or to any intellectual property rights.
We provide you with a licence for personal use of the content and the software linked to the Services. This licence, which may include intellectual property rights, is non-exclusive and except as otherwise provided in these Terms non-transferable. The licence may only be used for the purposes and in accordance with the usage restrictions specified in these Terms or in the applicable Specific Terms.
You must not decompile, reverse engineer, attempt to derive the source code of, modify or create derivative works of the software associated with the Services and its content. Any breach of this restriction or other failure to comply with any term(s) of this licence may result in suspension or termination of the provision of the Services.
Unless otherwise indicated, marks, corporate logos, domain names and emblems are subject to our trademark rights or our licensors´ and, as the case might be, Third Parties´ trademark rights.
This licence expires when the Contract, these Terms or Specific Terms are terminated or when you stop using a relevant Service or all Services.
Links to third party websites or resources
The Services may contain links to third party applications or websites. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites. The inclusion of any link does not imply endorsement by us of the site.
The above applies also to any decision made or action taken by you in reliance on the Services. We take reasonable steps to protect your devices and systems from viruses, “worms”, malware, spyware, “trojan horses” and other malicious code or programs in providing the Services however we do not guarantee that they do not exist or do not affect your devices and systems.
Additional terms for app store apps
If you accessed or downloaded any Volvo Cars Services via an app (“Volvo Cars Provided App”) from an app store or distribution platform (like the Apple Store, Google Play or the Amazon Appstore) (each, an “App Provider”), then you acknowledge and agree:
- only to use the Volvo Cars Provided App in accordance with what is permitted in any user terms provided by the App Provider. Moreover, these Terms have been agreed between you and us, and not with the App Provider, and likewise between us and the App Provider, we alone are only liable for the Volvo Cars Provided App. Therefore, the App Provider has no liability to provide any maintenance or support services as regards the Volvo Cars Provided App.
- If the Volvo Cars Provided App does not fulfil any applicable warranty, you can notify the App Provider and receive back the purchase price for the Volvo Cars Provided App. To the maximum extent permitted by applicable law, the app provider has no other warranty liability as regards the Volvo Cars Provided App.
- If you are using a Volvo Cars Provided App designed for use on an Apple iOS-powered mobile device (an “iOS App”) you also:
- Agree that Volvo Cars, and not Apple, is responsible for addressing any claims by you or any third-party relating to the iOS App or your possession and/or use of the iOS App, including, but not limited to: (i) product liability claims; (ii) any claim that the iOS App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation, and all such claims are governed solely by this Agreement and any law applicable to us as provider of the iOS App.
- Agree that Volvo Cars, and not Apple, shall be responsible, to the extent required by these Terms, for the investigation, defence, settlement and discharge of any third-party intellectual property infringement claim related to the iOS App or your possession and use of the iOS App.
- Represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties.
- Agree to comply with all applicable third-party terms of agreement when using our iOS App (e.g., you must not be in violation of your wireless data service terms of agreement when using the iOS App).
- You agree that Apple and Apple’s subsidiaries are third-party beneficiaries to these Terms as they relate to your license of the iOS App. Upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you they relate to your license of the iOS App as a third-party beneficiary thereof.
LEGAL MATTERS
Changes in the Terms, Specific Terms or Services
We may, from time to time, change these Terms or Specific Terms. We will notify you at least 30 days in advance where the change is material or substantially changes your or our obligations. You may be required to accept changed terms before continuing to use the Service or your continued use will be deemed as acceptance to the changes.
We may add or remove Services and functionalities or features in Services, discontinue, in whole or in part, providing or giving access to particular Services, as well as generally changing the Services or the access to keep the Services useful and up to date.
You are always entitled to stop using the Services and terminate these Terms and Specific Terms in accordance with the termination requirements below Term and termination if you do not agree to changes to these Terms, Specific Terms and/or the Services.
Disclaimer of warranty
Except as otherwise set out in these Terms and to the extent permitted by law, neither we, nor any of our Affiliates will have any liability to you or to any third party that arises out of or relates to provision of the Services or any dispute, controversy or claim that arises out of or relates to your actions or inactions, or the provision of the Services. Claims arising out of or which are related to a Third Party Service shall exclusively be dealt with between you and the third party, and to the extent permissible under law Volvo Cars shall not be liable for any loss or damage.
The Services and content are provided on an ‘as is’ basis, with no form of guarantee or warranty including that the Services or content will meet your requirements or be available on an uninterrupted, secure or fault-free basis, or regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any of the Services or content. Without limiting the foregoing, we and our Affiliates expressly disclaim all warranties concerning saleability, appropriateness for a specific purpose, freedom from interference or freedom from intrusion, or warranties arising in connection with sale or usage for commercial purposes.
Nothing in these Terms excludes, restricts or modifies any guarantee, warranty, term or condition, right or remedy implied or imposed by any applicable law which cannot be lawfully excluded restricted or modified by the Australian Consumer Law. You may have certain rights under the Australian Consumer Law if you are a “consumer” which cannot be excluded, restricted or modified. If so, then to the maximum extent permitted by law, our liability to you is limited at our option to the resupply of the Service or payment of the cost of resupplying the Services.
Limitation of liability
Except as otherwise set out in these Terms and to the extent permitted by law neither we nor our Affiliates will be liable for any:
- Incidental, special, exemplary, statutory, punitive or consequential damages, including lost profits, loss of data or goodwill, Service interruption, computer damage or system failure or the cost of substitute Services arising out of or in connection with these Terms or from the use of or inability to use the Services or content, whether based on warranty, contract, tort (including negligence), product liability or any other legal basis, and whether or not we or our Affiliates or such other party has been informed of the possibility of such damage or was negligent, and even if a limited remedy set forth herein is found to have failed of its essential purpose.
- Loss exceeding the amount that you have paid to us for the use of the Services in the 12 months preceding the event on which a claim is based.
Term and termination
These Terms will continue to apply until terminated or if you stop using all Services.
You may at any time discontinue the use of any or all Services, in which case these Terms, any Specific Terms or Third Party Terms will no longer be applicable, and you will no longer have any obligations in accordance with these Terms, any Specific Terms or Third Party Terms.
Should you discontinue the use of a specific Service, these Terms, any Specific Terms or Third Party Terms continue to apply for each of the Services you continue to use.
We reserve the right to, permanently or temporarily, discontinue the provision of the Services and terminate or suspend these Terms and/or any Specific Terms in the event of (a) your actual or reasonably suspected breach of these Terms and/or any Specific Terms, (b) our decision to cease offering the Services in their current format, worldwide or in a particular geographical area, or (c) any similar business reason which we in our sole discretion deem to be a reasonable cause to discontinue the provision of the Services. If Volvo Cars intends to stop providing any Service, you will be notified of this within a reasonable time before the Service is terminated.
With the termination of these Terms you may no longer use the Services.
Termination will not affect any provisions of these Terms, any Specific Terms or Third Party Terms which by their nature are intended to continue to apply following termination including without limitation the terms relating to: (a) Disclaimer of warranties, (b) Limitation of liability, (c) Assignment, and (d) Applicable law and venue.
Assignment
Neither party may assign its rights or obligations under these Terms or any Specific Terms to any third party without the other party's written consent. We may, however, assign our rights and obligations under these Terms and/or any Specific Terms to any Affiliate.
Applicable law and venue
Unless otherwise required by law, these Terms, any Specific Terms, and any use of the Services shall be construed in accordance with and be governed by the laws of New South Wales and the Commonwealth of Australia without regard to its conflict of law principles. The exclusive venue, for all claims arising from these Terms and/or any Specific Terms, shall, unless otherwise required by law, be the courts in Sydney, New South Wales.
If you would like to bring a matter to our attention, please contact us.