Volvo Cars Terms of Service Quebec

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 vehicle 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 e-mail, or through 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 Specific Terms, and/or Third-Party Terms or Documentation. Volvo Cars may also make Third-Party Services available to you; such Third-Party Services art to be contracted independently and directly by you with the specific third party providing the Third-Party Services. Volvo Cars shall be 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 descriptions 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. 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 our separate terms and/or service descriptions that are applicable in addition to these Terms, for a particular Service. Specific Terms should be read with and are 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 Terms as a condition of using the Third-Party Service.

"Documentation" refers to other information about particular Services available at various places throughout the Volvo Cars ecosystem (e.g., the Owner's Manual) at http://support.volvocars.com, at http://volvocars.com, in Volvo Cars apps, in your Volvo vehicle, 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.

Requirements

You may use a Service only if you are: (a) 18 years 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 authorized user of the car under a national or provincial 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 Drivers' Consent") to use a Service in any way linked to a specific Volvo car, to link a Service to a specific Volvo car, or to use any other Service. We may investigate whether you are the Primary Driver or have the Primary Driver´s clear and undisputed consent as described above at any time.

Any links made between a Volvo car and a Service or between different Services can be deactivated at any time 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 Drivers' Consent.

Services may vary depending on the Volvo vehicle model and model year, your country of residence, where the Volvo vehicle 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 vehicle is not equipped with the necessary technical features or if you do 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 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 and 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 vehicle or the equipment in good working order, government laws, rules or regulations, failure, congestion or outages of utility or wireless networks, cyber-attacks, war, act of God, natural disaster, inclement weather, and labor strikes. unscheduled downtime, service or software updates or errors.

Some Services require internet or mobile data access to operate. Your Volvo vehicle may include the cost of access for a certain period; otherwise, you must purchase access, but in most cases your access will be subject to Third-Party Terms: e.g., from the internet service or telecommunication provider ("Data Services Provider"). Volvo Cars is not, and no time will be, a Data Services Provider.

Your access to and use 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 data must be provided to either Volvo Cars or the Data Services Provider. 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 vehicle in sight or otherwise are assured that it is safe to use and without risk of damage to the 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 ability to use a Service is subject to our Disclaimer of warranty.

Volvo ID

The 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.

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 at 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 all Services related to that Volvo car by using "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 all services and any related data. More information on how to deactivate the services 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, Primary Drivers, or Volvo IDs previously linked to the Volvo car.

Digital Services

Some Volvo cars are sold or are compatible with a Digital Services package that may include:

The exact products and features that are available and/or are included in the Digital Services may differ between markets.

Remote Vehicle Services

Remote Vehicle Services is a wireless Service connected to your Volvo vehicle. 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, and in Documentation that has not yet been updated.

You may be able to use functions from your mobile phone:

You may be able to also use some functions directly from your Volvo car:

Most functions require the Volvo Cars App to be 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.

Usually, a subscription for Digital Services or Remote Vehicle Services is provided with the purchase of a new Volvo vehicle, for between 3 and 5 years. We provide information in local markets; check with a retailer or our Volvo Cars website ("Initial Subscription").

You can extend your subscription after the Initial Subscription ends. You can read information about how subscriptions work under "Subscriptions and renewals".

All Digital Services or Remote Vehicle Services subscriptions follow the vehicle and not you, so if you sell the Volvo vehicle, 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 vehicle until the end of the relevant subscription period.

Remote Vehicle Services disclaimers

Remote Vehicle Services aims to support you and passengers in the event of accidents or vehicle theft, subject to the scope and functions of Remote Vehicle Services, but: (a) it is not a contract of insurance, and Volvo Cars has no liability to any insurance company in respect of your Volvo vehicle, (b) it is not intended to substitute or replace any other anti-theft equipment installed in your Volvo vehicle, (c) it does nor replace or substitute any state or national emergency service available to you, and (d) it 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.

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 vehicle or other Valet services with a Retailer.

Definitions used for Digital Booking are:

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 vehicle by a Retailer.

Valet includes an employee or contractor of a Retailer going to an agreed-on location at an agreed-on date and time to retrieve and return your Volvo vehicle.

If the Retailer offers loaner (or courtesy) vehicles, then one may be provided; you will need to agree on 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 vehicle to an agreed-on location at an agreed-on date and time.

You can manage your Digital Bookings on the Volvo Cars App. Managing a Digital Booking involves:

Service Provider Interactions

Using Digital Booking is free of charge.

Servicing: Unless you have purchased or subscribed to your Volvo vehicle from Volvo Cars directly:

Valet services: Volvo Cars does not, through Valet, provide any vehicles itself. Retailers are responsible for the pickup, delivery, and sharing of 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 their 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.

Ordering Services

Before you can use a Service that requires payment, you will need to complete an online order process, 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 (the "Contract").

Upon finalizing 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 inquiries 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 authorize your payment, or (b) you are not entitled to purchase the Service.

Payment

A Service is usually 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 on this payment method, as well as taxes and other charges you incur, and you agree to the processing 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 your cancellation by mail to our address noted above, or by contacting us. You can use this form to give cancellation, although it is not required.If you decide to cancel the Contract, we will reimburse you for all payments which we have received from you in relation to the Contract without undue delay. 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 us as a result of the reimbursement.

Nothing in these Terms will affect your statutory rights, including under applicable provincial consumer protection law, whether in relation to your withdrawal right or otherwise.

Subscriptions and renewals

In some markets, it is possible to subscribe to a Service on rolling basis, where the subscription will automatically renew (e.g., monthly), and in others only for fixed periods (e.g., quarterly or annually).

For fixed subscriptions, you will be charged in advance and the subscription will not automatically renew. If you have a fixed subscription, you may exercise your Right to cancel, in which case you will receive a refund.

For rolling subscriptions (other than annual rolling subscriptions), you will be charged in advance for the subscription period. You can give notice of cancellation at any time and your subscription will end at the beginning of the next subscription period, subject to your Right to cancel (during the 14 days immediately after your subscription first begins) in which case you will receive a refund.

If you have a rolling annual subscription, you will be charged in advance and you may exercise your Right to cancel during the 14 days immediately after the renewed subscription period begins, in which case you will receive a refund.

Use restrictions

You may not use the Services:

You must not damage, disable, or in any other way impair the Services or introduce, in relation to the Services, 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 by other means of incorrect information, is prohibited and may also be a criminal offense.

some Services may require a password, in which case you must choose a password that is difficult for others to discover. We may establish requirements with respect to 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 unauthorized access to your password, you must immediately change the password. If you suspect that any third party has gained unauthorized 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 in 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 not you are 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 license 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 license for personal use of the content and the software linked to the Services. This license, which may include intellectual property rights, is non-exclusive and, except as otherwise provided in these Terms, non-transferable. The license may only be used for the purposes and in accordance with the usage restrictions specified in these Terms or in the applicable Specific Terms.

Unless allowed by law, you may not decompile, reverse engineer, attempt to derive the source code of, modify, or create derivative works of the software associated with the Services and their content. Any breach of this restriction or other failure to comply with any term(s) of this license 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 those of our licensors and, as the case might be, Third Party trademark rights.

This license expires when the Contract or 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 such websites. The inclusion of any link does not imply our endorsement 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 will 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:

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 the 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, or discontinue, in whole or in part, providing or giving access to particular Services, as well as generally change 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 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, the Services and content are provided on an "as is: basis, with no form of guarantee or warranty. 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.

Nothing in these Terms excludes, restricts or modifies any guarantee, warranty, term, condition, right or remedy implied or imposed by any applicable law that cannot be lawfully excluded, restricted, or modified.

Term and termination

These Terms will continue to apply until terminated or until you stop using all Services.

You may discontinue the use of any or all Services at any time, 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, or, in respect of Quebec, for any other serious reason within the meaning of article 2126 of the Civil Code of Québec; (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, all applicable VOLVO Specific Terms are terminated simultaneously, and you may no longer use the Volvo 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 (excluding Quebec), (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 the province of Quebec and the federal laws of Canada.