Terms and Conditions
By entering this Site, the User agrees to all of the terms and conditions (
Terms) set out below.
1.DEFINITIONS
Account: the specific credentials granted to the User and which are unique to the User to use the Site.
Dealer: the legal entity authorised by the Site Operator (by virtue of the Dealer Agreements) to use this Site and who manage the Users on behalf of the Site Operator.
Dealer Agreements: the respective franchise agreements entered into by each Site Operator and the Dealer.
Parties: the Site Operator and the Dealer (including any and all Users of the Site).
Services: all services provided by the Site Operator to the Dealer via the Site.
Site: https://dealernet.info.
Site Operator: VGIE and VWFSIL, collectively.
Terms: these terms and conditions for using this Site.
User: any employee, agent or independent contractors authorised by the Dealer to use the Services and/or the Site.
VGIE: Volkswagen Group Ireland Limited of Block C, Liffey Valley Office Campus, Liffey Valley, Dublin 22, Ireland.
VWFSIL: Volkswagen Financial Services Ireland Limited of Block C, Liffey Valley Office Campus, Liffey Valley, Dublin 22, Ireland.
2. AGREEMENT WITH THESE TERMS
- If the User does not agree to these Terms, then the User may not use this Site.
- The confidentiality requirements in the Dealer Agreement apply simultaneously to the User’s use of this Site. It is the Dealer’s responsibility to ensure the confidentiality obligations are adhered to by the Users who use this Site.
3. USE OF THE SITE
- The Site Operator hereby grants the User a non-exclusive right to use this Site in the usual course of its business.
- The User is solely responsible for any activity on their Account and must keep all Account details secure.
- Apart from the rights expressly granted herein, Volkswagen AG remains the owner of all rights and reserves all intellectual property and utilisation rights in respect of the Services.
- The names, logos and trademarks incorporated in this Site and relating to products are the registered trademarks of VolkswagenAG, 38436 Wolfsburg 1, Germany and their use is licensed exclusively to the Site Operator in Ireland.
- The User shall not remove, alter or otherwise amend any Volkswagen AG copyright notices or trademarks from the Site.
- The User shall only use the Services in accordance with the VGIE IT-Security Guidelines. In particular, the User must ensure that anti-virus software is installed on all devices before using any of the Services to ensure a level of security that is appropriate to the risk of unauthorised, unlawful or accidental loss, destruction, damage, alteration, access or disclosure of any aspect of the Services.
- The User agrees not to crawl, scrape, or spider any page of the Site or to reverse engineer, de-compile, attempt to obtain the source code or otherwise reduce to human-perceivable form all or any parts of the Services, without the Site Operator’s express permission.
- The User agrees not to use the Services to build a product or service that competes with the Site Operator.
- The User agrees not to interfere with or try to disrupt the Services, for example by distributing a virus, excessive requests to our site or platform, or other harmful computer code.
4. ACCOUNT TERMINATION
- A Dealer may only have access to the Site while they have a Dealer Agreement with the Service Operator. Once a Dealer Agreement is terminated access to the Site by the Dealer and all associated Users is revoked.
- If a Dealer deems a User ineligible to access the Site for any reason (e.g. termination of employment), the Dealer must immediately contact the Site Operator who will then revoke that User’s access to the Site.
- The Dealer may terminate its own Account at any time by contacting the Site Operator.
- The Site Operator may terminate or suspend an Account at any time and for any reason from the Site.
- The Site Operator reserves the right to change, suspend, or discontinue any of the Services at any time and for any reason.
5. DEALERS OBLIGATIONS
- The Dealer shall indemnify and hold VGIE harmless from and against any third party claims resulting from non-contractual or improper use of the Services.
- The Dealer shall provide feedback about the Services to the Site Operator.
- The Dealer ensures that the Services are not used externally towards customers.
- The Dealer must ensure the following:
- appoint at least one of its employees as administrator and coordinator responsible for providing the Services to staff. The employee(s) shall function as the main point of contact for the implementation;
- access to and use of the Services shall be granted only to those of the Dealers’ employees who require access to perform their contractual/work duties and are protected from unauthorised use by third parties at the site of the Dealer; and
- Users that are no longer employed by the Dealer or for another reason no longer require access to the Services shall have their access revoked.
6. REMUNERATION
- No fee is charged for the use of the Site.
- The Site Operator retains the right to introduce a licence fee for the usage of the Services in the future.
7. RIGHTS OF ACCESS AND INSPECTION
- The Dealer shall permit the Site Operator to inspect all of its business documentation and books at any time through an independent auditor, and have these checked (Audit).
- Through the Audit, it shall be ensured that the Dealer does not infringe the provisions of these Terms or statutory provisions, in particular copyrights (e.g. through exceeding rights of use granted) or trademark rights (e.g. through sale of plagiarism).
- The Dealer shall support the auditor with the audit upon request, hand over documents, and provide the auditor with precise and true information.
- Should the auditor determine an infringement by the Dealer of the provisions of these Terms or of statutory provisions, which also serve to protect the Site Operator, the auditor may inform the Site Operator of such infringement. In this case, the Dealer shall be required to meet the costs of the auditor and reimburse the Site Operator without delay.
8. WARRANTY FOR DEFECTS
- The Site Operator notes that given the dynamic nature of technology, it is not possible to create software that functions flawlessly in all applications and all combinations.
- The Site Operator is not liable for any damage, which may occur due to results generated by the Services, which are incorrect, missing, or unusable by the Dealer. In particular, the Site Operator is not liable for the replacement of any data.
9. LIABILITY
- The Site Operator shall be liable for acts of intent or gross negligence, as well as for culpable infringement of significant contractual obligations. According to the amount, the liability for damages of the Site Operator in cases of slight negligence shall be restricted to compensation of the contractually typical and foreseeable damages.
- Liability for damages arising from personal damage as well as product liability shall remain unaffected.
- The Site Operator is not responsible for the content of information published by the Dealer. The Dealer shall ensure that the content does not infringe a right at the time of its publication and shall be solely responsible for adherence to all provisions applying to the use of the Services under the applicable law.
- The Dealer shall indemnify and hold harmless the Site Operator against any claims by third parties due to the culpable infringement of such provisions.
10. AVAILABILITY
The Site Operator does not guarantee that this Site, or any content on it, will always be available or be uninterrupted. The Site Operator
may suspend or withdraw or restrict the availability of all or any part of this Site for business and operational reasons.
11. THIRD PARTY LINKS
Where this Site contains links to other sites and resources provided by third parties, these links are provided for the Dealer’s information only. Such links should not be interpreted as approval by the Site Operator of those linked websites or information that the Dealer may obtain from them.
12. LAW AND JURISDICTION
This Site and these Terms are governed by and should be construed in accordance with Irish Law. Any dispute that arises between the Parties, shall be submitted to the exclusive jurisdiction of the Irish Courts.