The ‘Volkswagen Financial Services Charge&Fuel App’ (hereinafter referred to as: ‘App’) is provided by Volkswagen Leasing GmbH, Gifhorner Straße 57, 38112 Braunschweig (hereinafter abbreviated to ‘VWL’ or ‘we’). Accordingly, we are the company responsible for the App and not Apple or Google.
1. Subject matter of the Agreement
The subject matter of these Terms and Conditions of Use is the use of different services and functions of the App (hereinafter referred to as: ‘Services’) by you as the user. Use of the Services requires an internet connection for which you may incur costs. In the event of a poor internet connection, the Services can be used only to a limited extent.
2. Services offered
a. The App offers Services where the current location plays a role (for example, when searching for a charging station). The location detection is associated with uncertainties that cannot be excluded completely. Therefore, there may be deviations that may also affect the Services.
b. The provider of the respective smartphone platform is used for all of the App’s map and navigation functions (for example, Google Navigation for Android, Apple Maps for iOS). VWL does not have any influence over the completeness, accuracy and operability of the Services provided by third parties. Therefore, we cannot exclude that map material is not up-to-date and thus deviations may occur that will also affect the Services offered.
c. The charging station search gives the option of setting the search parameters (for example, connection type) so that the usable charging stations can be displayed in a list or map view.
d. A charging process can be started and ended for the vehicle with the charging process function. The charging time and cost are displayed, amongst other things.
e. The account management provides the following functionalities:
Active charging process: Shows the current charging process in progress.
Charging processes: A history of the last charging processes carried out in a list view, including the cost of these.
Settings: Leads the user to the search settings for the charging station infrastructure.
3. Login and registration
You can log in with your fuel card number and an individual App code which is sent separately by VWL. The App code is to be kept secret and only shared with those persons authorised to use the fuel cards. The App code may not be noted on the card or card case, or be stored together with the fuel card in any other way.
4. Our obligations
a. We shall strive to permanently provide error-free availability of the Services for the duration of the Agreement (see Point 6). However, some of the Services offered are based on third-party services that are beyond our control. If there are any errors, we shall seek to address them as soon as possible.
a. You are responsible for the correct identification of your position via the GPS function of your smartphone and a seamless internet function. Without this information our Services cannot be used or not completely without any errors.
b. If you notice any errors when using our Services, you are required to inform us immediately using the available communication channels.
c. The App was created with due diligence. The same applies to the routines and information on which the service provision is based. Nevertheless, it cannot be excluded completely that some of the information may contain errors, or that some of the services do not deliver satisfactory results. You will have to take this into consideration when using the App and the Services.
d. You are obliged to only use the App in the intended way and on the intended scale. In particular, it is prohibited to generate queries in an automated manner.
e. With the use of the software and information (for example map material) on which the App is based, you will not be granted any copyrighted rights of use exceeding the mere use of the App for the duration of the Agreement. Any copying or any action relevant to the copyright is prohibited. You must also not effect any changes to the App or the software or information on which it is based.
6. Term of Agreement and termination
a. This Agreement shall be valid for an indefinite period of time and may be terminated at any time by either party without prior notice. We may declare the termination, among other things, with the fact that we shall no longer provide the Services or the App as such. You may declare the termination by deleting the App.
b. The right of termination for just cause shall remain unaffected. From our perspective, just cause that justifies termination without notice is, in particular, if you have grossly violated your obligations according to Point 5.
c. A right of revocation according to Section 312d Bundesgesetzbuch [German Civil Code] (BGB) does not exist.
7. Warranty and liability
a. We strive to duly provide the Services at any time. We shall correct any errors that impair the use of the App significantly within a reasonable period of time. If necessary, you might have to download a successor version of the App (update) for troubleshooting to be able to continue using the App.
b. We shall be liable for any defects according to the provisions of the service agreement law (Sections 611 et seq BGB).
c. In addition, the following shall apply for our liability:
(i) Unlimited liability: We are liable for intent and gross negligence. We shall be liable for slight negligence according to the Produkthaftungsgesetz [German Product Liability Act] as well as for damages resulting from harm to the life, body or health of persons.
(ii) Limitation of liability: We shall only be liable in cases of slight negligence if it breaches an important contractual obligation which is necessary for the orderly execution of the Agreement and which you may reasonably expect to be fulfilled (cardinal obligation). In these cases, liability shall be limited to the level of typical contractual, foreseeable damage. This limitation of liability shall also apply to the benefit of our agents.
8. Final provisions
a. If these Terms and Conditions of Use contain invalid provisions, the validity of the rest of the Agreement shall be unaffected.
b. After the conclusion of the Agreement, we store the contractual text internally; the respective updated version of the Terms and Conditions of Use is accessible to you via the App.
c. We shall be entitled at any time to change the scope of the App and these Terms and Conditions of Use. We shall inform you about changes in an appropriate manner. Your consent shall be deemed given if you do not expressly object within a period of 2 weeks from the notification, whereby we are obliged to explicitly inform you during the notification about the consequences if you do not object.
d. German law shall apply exclusively to this Agreement excluding the UN Convention on Contracts for the International Sale of Goods.
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