Terms of Use – ODIS Self-Service Guide
These Terms of Use govern the use of the ODIS Self-Service Guide application (hereinafter “Self-Service Guide”) operated by Volkswagen AG, Berliner Ring 2, 38440 Wolfsburg, Germany, listed in the register of companies at the District Court of Braunschweig under no. HRB 100484 (hereinafter “Volkswagen AG”). The Self-Service Guide is an application for Sales. It is intended to provide support for using the Offboard Diagnostic Information System (hereinafter “ODIS”) and contains all important and up-to-date information on the application, setting options and support.
1. Authorised users and access rights
1.1 Authorised users are employees[1] of the dealership partners, internal employees of Volkswagen AG and employees of external support service providers. These are referred to below as “users”.
1.2 The Self-Service Guide is password-protected and can only be used when a user has been granted access rights. Access rights are granted via the Group Retail Portal (hereinafter “GRP”) of Volkswagen AG. For this purpose, users who are already registered in the GRP are activated by the administrator on request. After activation, the user can use the Self-Service Guide for the respective dealership partner. The scope of the displayed function modules – and therefore the functions available to the user – depends on the role assigned by the administrator. If the user is not yet registered in the GRP, they must first create their own user account there in order to be able to use the Self-Service Guide in full.
1.3 Access rights are non-transferable. Users may not share their access data for the Self-Service Guide with other employees or third parties in any way.
1.4 Volkswagen AG reserves the right to withdraw a user’s access rights at any time. This is especially the case if the user leaves the employment of and/or no longer acts on behalf of dealership partners, Volkswagen AG and/or external support service providers or violates these Terms of Use. Once access rights have been withdrawn, the user may no longer use the Self-Service Guide.
2. Functions and purpose of SHLF
2.1 The Self-Service Guide is an application for forwarding information to the ODIS system. For example, users can access:
· Instructions on installing diagnostic devices
· Explanations of the different settings in ODIS
· Tips and tricks for using ODIS
As part of the further development of the Self-Service Guide, additional function modules may be added or existing modules scaled back.
2.2 The Self-Service Guide may not be used for other purposes, in particular private ones.
3. User code of conduct
3.1 Volkswagen AG assumes no responsibility for the content created by users. Such content is the sole responsibility of the users. Users must ensure that they do not violate any applicable laws or infringe the rights of third parties.
3.2 Personal data must be treated confidentially and protected from access or viewing by third parties.
3.3 Copyrights, name rights, trademarks and other property rights of Volkswagen AG and third parties must be respected when using the Self-Service Guide. Among other elements, images, music, and brand names such as “Volkswagen” and “Golf” presented by Volkswagen AG are protected. The accessibility of the Volkswagen AG application does not constitute the granting of a license or other right of use. Any improper use of the Self-Service Guide is prohibited; this includes, in particular:
· Circumventing security measures
· Using any system or running any application which could result in damage to systems or cause them to malfunction, in particular by making any change to the physical or logical architecture of the Volkswagen AG servers or network or other networks
· Integrating the Volkswagen AG application or parts thereof into other websites, either private or commercial, and commercial use
4. No acceptance of liability by Volkswagen AG
All of the information provided by Volkswagen AG in the Self-Service Guide has been carefully reviewed. However, the company cannot guarantee that the information is complete, correct, up to date and constantly available.
5. Responsibility of Volkswagen AG – liability
5.1 Volkswagen AG shall accept no liability for the content or availability of third-party websites that may be accessed via external links. Volkswagen AG expressly dissociates itself from all content which may infringe criminal or liability-related laws or which could be considered contrary to accepted standards of public decency.
5.2 Volkswagen AG shall not be liable for the content of third-party websites. Volkswagen AG shall be liable for a breach of contractual duties through slight negligence for all claims for damages and reimbursement for expenses due to a culpable breach of duty based on the application, whereby this liability shall be limited to typical and foreseeable loss or damage. Otherwise, Volkswagen AG shall not be liable for slightly negligent breaches of duty. The limitation of liability outlined above shall not apply in cases of strict liability and for damages incurred as a result of injury to life, limb or health or under the German Product Liability Act (Produkthaftungsgesetz).
6. Final provisions
6.1 Volkswagen AG reserves the right to make changes to these Terms of Use within reason for the user and only with future effect. The user shall be notified of any change to the Terms of Use when logging into the application. Users must always observe the most recent version of the Terms of Use.
6.2 Should one or more provisions of these Terms of Use be or become invalid, the validity of these Terms of Use shall remain unaffected. The invalid provision shall be replaced by a valid provision coming as close as possible to the sense and purpose of the original provision. The same applies to gaps in the agreement.
6.3 The law of the Federal Republic of Germany is applicable. The UN Convention on Contracts for the International Sale of Goods (CISG) shall not apply.
6.4 The sole place of jurisdiction for the settlement of all claims arising from or in relation to SHLF is the court of competent jurisdiction for Volkswagen AG.
6.5 Volkswagen AG is neither willing nor required to take part in a dispute resolution procedure before a consumer arbitration board.
6.6 By using SHLF, the user confirms that they agree to the above provisions.
Version dated: 16 June 2020
[1] For improved readability, the masculine form is used in the following text. However, any references cover the members of both genders, unless only a single gender is expressly referred to.