Unless otherwise stated, capitalised terms in these Terms shall have the meanings given to such terms in paragraph 18.

Volvo East Asia Pte Ltd administers the OPS to allow you to quickly and efficiently purchase Parts, which are supplied by the Dealer. These Terms apply to and regulate your use of the OPS. By using the OPS, you acknowledge and agree to be bound by these Terms.

1. Access to the OPS

1.1 Volvo CE will use reasonable efforts to ensure that availability of the OPS will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed. You acknowledge that your access to the OPS may be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. Volvo CE will use reasonable efforts to limit the frequency and duration of any such suspension or restriction.

2. Use of the OPS

2.1 You agree to comply with all the guidelines, notices and instructions pertaining to the use of the OPS issued by Volvo CE, from time to time. Volvo CE reserves the right to revise these Terms at any time, and users of the OPS are deemed to be aware of and bound by any changes to these Terms upon the publication of the revised Terms on the OPS.

2.2 You agree and undertake not to:

2.2.1 use any software or material that contains a virus or damaging component which may corrupt the OPS’ data or interfere with the operation of the OPS;

2.2.2 transmit any materials or information through this Website which are or may be offensive, indecent, defamatory or which may not be lawfully disseminated under applicable laws or which you know or have reason to suspect contains any viruses or damaging components which may detrimentally interfere with the OPS or the operation of the OPS; or

2.2.3 use the OPS other than in conformance with the acceptable use policies of any connected computer networks and any applicable Internet standards.

3. Intellectual Property

3.1 The intellectual property rights in the OPS and the Materials are owned, licensed to or controlled by Volvo CE, its licensors or service providers. Volvo CE enforces its intellectual property rights to the fullest extent of the law.

3.2 No part or parts of the OPS or any Materials may be reproduced, distributed, republished, displayed, broadcast, hyperlinked, mirrored, framed, transferred or transmitted in any manner or by any means or stored in an information retrieval system without the prior written permission of Volvo CE or other copyright owners. Permission will only be granted to you to download, print or use the Materials for personal, non-commercial uses, provided that you do not modify the Materials and that you retain all copyright and other proprietary notices contained in the Materials.

3.3 You also may not, without Volvo CE’s prior written, permission, insert a hyperlink to the OPS on any other website or webpage or “mirror” the Materials on any other server.

3.4 The Trade Marks are registered and unregistered trade marks of Volvo CE and others. Nothing on the OPS should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trade Marks displayed on the OPS, without the prior written permission of Volvo CE or any other applicable trade mark owner. The name of Volvo CE may not be used in any way without the prior written permission of Volvo CE. Volvo CE prohibits the use of the Trade Marks, the name of Volvo CE, or any other trade mark owned by Volvo CE as a metatag or as a “hot” link to any Volvo CE website or any other website unless written approval for the establishment of such a link has been obtained from the Volvo CE in advance.

4. Submissions to the Website

4.1 You grant Volvo CE a non-exclusive licence to use any Submissions communicated through the OPS or otherwise and Volvo CE is entitled to use any Submissions for any purpose, without restriction or compensation to the individual who has provided the Submission.

5. Security Code

5.1 Access to and use of password protected and/or secure areas of the OPS are restricted to authorised users only. You may not obtain or attempt to obtain unauthorised access to such parts of the OPS, or to any other protected information, through any means not intentionally made available by Volvo CE for your specific use.

5.2 Where you have been issued, by Volvo CE or by the Dealer (on behalf of Volvo CE), with a Security Code for use in connection with access to the OPS or use of the facilities provided through the OPS, you hereby agree to keep the Security Code issued to you confidential only to you and to any Authorised Users. You further agree that the Authorised Users are severally empowered and authorised to give orders or instructions through the Services on your behalf and that all use and/or access of such services by any Authorised Users shall be deemed your use.

5.3 You are to immediately notify Volvo CE, in accordance with paragraph 13, if you have knowledge that or have reason for suspecting that the confidentiality of the Security Code has been compromised or if there has been any unauthorised use of the Security Code.

5.4 You agree and acknowledge that any use of or access to the OPS and any information or data referable to your Security Code shall be deemed to be (i) use or access of the OPS by you; and/or (ii) Electronic Instructions transmitted or validly issued by you, and you agree to be bound by any access or use (whether such access or use is authorised by you or not) referable to your Security Code, and you agree that Volvo CE (or the Dealer) shall be entitled (but not obliged) to act upon, rely on or hold you solely responsible and liable in respect thereof as if the same were carried out or transmitted by you.

5.5 Volvo CE is under no obligation to investigate the authenticity or authority of persons effecting any Electronic Instructions in accordance with paragraph 5.4, or to verify the accuracy and completeness of such Electronic Instructions. Accordingly, Volvo CE may treat the Electronic Instructions as your authentic and duly authorised instructions which are valid and binding on you notwithstanding any error, fraud, forgery, lack of clarity or misunderstanding in the terms of the Electronic Instructions.

6. Termination

6.1 You agree that Volvo CE may, at its sole discretion, deny you access to the OPS and disable the Security Code associated with you for any reason, including without limitation, if Volvo CE believes that you have violated or acted inconsistently with any terms or conditions set out herein, or if in Volvo CE’s opinion or the opinion of any regulatory authority, it is not suitable to continue providing the services relating to the OPS.

7. Hyperlinks

7.1 Volvo CE may include hyperlinks to other websites or content on the Internet that are owned or operated by third parties. Such linked websites or content are not under the control of Volvo CE and Volvo CE is not responsible for the contents of, or the consequences of accessing, any linked website.

7.2 Any hyperlinks to any other websites or content are not an endorsement or verification of such websites or content and you agree that your access to or use of such linked websites or content is entirely at your own risk.

8. Limitation of Liability

8.1 The OPS and the Materials are provided on an “as is” and “as available” basis. Volvo CE does not warrant the accuracy, adequacy or completeness of the OPS or the Materials, and expressly disclaims any liability for errors, delays or omissions in the Materials, or for any action taken in reliance on the Materials. No warranty of any kind, implied, express or statutory, including but not limited to the warranties of non-infringement of third party rights, title, merchantability, satisfactory quality or fitness for a particular purpose, is given in conjunction with the Materials or the OPS.

8.2 Volvo CE may, from time to time and without giving any reason or prior notice, upgrade, modify, suspend or discontinue the provision of or remove, whether in whole or in part, the OPS or any information, functionalities, services or products provided therein, and shall not be liable if any such upgrade, modification, suspension or removal prevents you from accessing the OPS or associated information, functionalities, services or products.

8.3 Volvo CE does not warrant that any of the Materials or that the OPS will be provided uninterrupted or free from errors, or that any identified defect will be corrected. Further, no warranty is given that the OPS and the Materials are free from any computer virus or other malicious, destructive or corrupting code, agent, program or macros.

8.4 Volvo CE does not warrant the security of any information transmitted by you or to you through the OPS and you accept the risk that any information transmitted or received through the OPS may be accessed by unauthorised third parties. Transactions over the Internet may be subject to interruption, transmission blackout, delayed transmission due to internet traffic or incorrect data transmission due to the public nature of the Internet.

8.5 Volvo CE shall not be liable to you for any incidental, consequential, special and punitive damages, or for any damages resulting from loss or interruption of business, lost data or lost profits, arising out of or relating to these Terms, whether liability is based on contract, breach of warranty (express, limited or otherwise) or otherwise and whether asserted in contract, tort (including negligence and strict product liability) or otherwise, and irrespective of whether Volvo CE has advised or been advised of the possibility of any such damages.

8.6 Nothing in these Terms shall limit or exclude any liability of Volvo CE arising from any death or personal injury caused by the negligence of Volvo CE.

9. Sale of Parts by Dealer

9.1 Volvo CE provides the OPS for you to complete transactions with the Dealer. Volvo CE is not involved in and shall not be required to be a party to any agreements or promises made between the Dealer and you. You acknowledge that each agreement entered into for the sale of the Parts to you shall be an agreement entered into directly and only between the Dealer and you. Accordingly, you shall have no right or claim against Volvo CE in respect of the sale of the Parts through the OPS.

9.2 The purchase by you of any Parts using the OPS shall be subject to the terms of the Conditions of Sale between the Dealer and you, and Volvo CE shall have no liability to you arising out of or in connection with the sale and purchase of Parts.

9.3 You acknowledge and agree that you shall have no claim against Volvo CE for any breach by the Dealer of the Conditions of Sale, or any failure by the Dealer to comply with the Conditions of Sale. Further, Volvo CE shall not be liable to you for loss or damage suffered by you as a result of, or in connection with:

9.3.1 any claim arising out of or in connection with the Conditions of Sale and/or the purchase, delivery and condition of Parts purchased in accordance with the Conditions of Sale, including in respect of any warranty given under the Conditions of Sale; or

9.3.2 any claims brought against you by any third party which arise out of or in connection with the sale of the Parts to you or the use of the Parts by you.

10. Force Majeure

10.1 Volvo CE shall not be liable to you or be deemed to be in breach of these Terms by reason of any delay or failure in performing any of its obligations under these Terms, if such delay or failure was due to a Force Majeure Event.

11. Waiver and Remedies

11.1 No failure on the part of Volvo CE to exercise, and no delay on its part in exercising, any right or remedy under these Terms will operate as a waiver thereof, nor will any single or partial exercise of any right or remedy preclude any other or further exercise thereof or the exercise of any other right or remedy. The rights and remedies provided for in these Terms are cumulative and not exclusive of any other rights or remedies (whether provided by law or otherwise).

12. Partnership

12.1 Neither you nor Volvo CE shall, by virtue of this Agreement, be deemed to be a partner or agent of each other, nor shall anything herein contained be construed as creating a partnership, joint association or trust, it being agreed that each party will be responsible only for its obligations under these Terms and neither party shall be authorised to represent or bind the other to any other person.

13. Communications

13.1 All notices, demands or other communication required or permitted to be given or made to the Volvo CE shall be in writing and delivered personally or sent by prepaid post with recorded delivery, or by facsimile transmission addressed to Volvo CE at its address or at its facsimile number set out hereunder (or to such other address or facsimile number as Volvo CE may from time to time notify you in such manner as Volvo CE may decide). Any such notice, demand or communication shall be deemed to have been duly served (if delivered personally or given or made by facsimile immediately or (if given or made by letter) 10 days after posting, and in proving the same it shall be sufficient to show that personal delivery was made or that the envelope containing such notice was properly addressed as a prepaid delivery letter or that the facsimile transmission was properly addressed and despatched.

Address: Avenue du Hunderenveld 10
1082 Brussels
Belgium

Fax Number: +32 2 6751532

Attention: Legal Department

13.2 In the event that you have any questions about the terms and conditions in these Terms, or you believe in good faith that any Materials on the OPS infringe your copyrights, you may also contact Volvo CE by clicking on the “Contact Us” button on this Website, and submitting your message via the form located at such “Contact Us” page.

14. Entire Agreement

14.1 These terms supersede and cancel all previous agreements, warranties and undertakings, whether oral or written, express or implied, given or made by or between you and Volvo CE, and constitutes the entire agreement between you and Volvo CE, in respect of the matters set out herein, and no other terms and conditions shall be included or implied.

15. Illegality and Severability

15.1 In the event any of the terms or conditions in these Terms shall be, or at any time shall become invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not in any way affect or impair any other terms and conditions in these Terms, but these Terms shall be construed as if such invalid or illegal or unenforceable terms or conditions had never been contained herein.

16. Third Party Rights

16.1 Without prejudice to Volvo CE’s rights under these Terms, Volvo CE shall be entitled to enforce any and all such rights on behalf of the Dealer, and the Dealer shall be entitled to the benefit of any term, defence or remedy under these Terms, whether or not the Dealer is identified as the beneficiary of any such term, defence or remedy.

16.2 Save as aforesaid, a person who or which is not a party to these Terms shall not have any right under the Contracts (Rights of Third Parties) Act (Chapter 53B) to enforce any of these Terms.

17. Governing Law

17.1 These Terms shall be governed by and construed in accordance with the laws of Singapore, and you agree to submit to the exclusive jurisdiction of the Courts of Singapore.

18. Definitions

18.1 In these Terms, the following terms shall have the respective meanings specified below unless the context otherwise requires.

18.1.1 “Authorised Users” means any employees that you authorise to access and/or use the OPS on your behalf.

18.1.2 “Conditions of Sale” means the conditions of sale governing the sale by the Dealer, and purchase by you, of Parts using the OPS, as may be amended, modified or supplemented from time to time.

18.1.3 “Dealer” means Volvo East Asia (Pte) Ltd, or any other dealer as may be designated by Volvo CE.

18.1.4 “Electronic Instructions” means any information, orders, communications or data.

18.1.5 “Force Majeure Event” means any event or circumstance the occurrence and the effect of which Volvo CE could not reasonably prevent or avoid, including but not limited to:

(i) acts of God;

(ii) outbreak of hostilities, riot, civil disturbance, acts of terrorism;

(iii) the act of any government or authority (including refusal or revocation of any licence or consent);

(iv) fire, explosion or flood;

(v) general power failure, failure of telecommunications lines, failure or breakdown of plant, machinery or vehicles;

(vi) shortage of raw materials and utilities of any kind; and

(vii) theft, malicious damage, strike, lock-out or industrial action of any kind.

18.1.6 “Materials” means information, images, links, sounds, graphics, video and other materials displayed on the OPS and the functionalities or services provided on the OPS.

18.1.7 “OPS” or “Website” means the Online Parts Shop website http://ecom-vce.it.volvo.com/VCE/, and all web pages thereunder, including the Materials.

18.1.8 “Parts” means any parts, exchange units, components, equipment kits and accessories that may be required for or in connection with the use of Volvo CE machines, and which are available for purchase using the OPS.

18.1.9 “Security Code” means a password, personal or log-on identification number and other code and access procedures.

18.1.10 “Submissions” means any materials or information communicated to Volvo CE.

18.1.11 “Terms” means these Terms of Use governing your use of the OPS.

18.1.12 “Trade Marks” means the trade marks, service marks, trade names and logos used and displayed on the OPS.

18.1.13 “Volvo CE” means Volvo Construction Equipment AB.