Terms of use

Purchasing by Volvo Group Terms of Use

These terms of use (the “Terms of Use”) govern the access to, and use of the Purchasing by Volvo Group Hub (as defined below) provided by Volvo Group Purchasing AB a company limited by shares incorporated in Sweden under company registration number 559193-8708, with registered address at Gropegårdsgatan 10, 405 08, Göteborg, Sweden, to you as a User.

Definitions

1.1 In these Terms of Use:

“Account Version” means the version of the Hub which is only accessible for Users with a User Account, in accordance with the terms set out in Section 4.1 below.

“Hub” means the Purchasing by Volvo Group webpages and, in specific instances, parts of the Volvo Group Supplier Portal which includes content attributable to Purchasing by Volvo Group.

“Purchasing by Volvo Group” means the contents of the Hub and information relating to purchasing that Volvo shares on the Hub.

“Public Version” means the publicly accessible and available version of the Hub, which anyone can access.

“User” or “you” means you as an end user and either (i) visitor to the Public Version of the Hub without a User Account, or (ii) the holder of a User Account with access to the Account Version of the Hub.

“User Account” means the account that a User uses, in accordance with Section 4.1 below, to access the Account Version of the Hub.

“Volvo Group” means AB Volvo (publ.) and entities directly or indirectly controlled by AB Volvo including but not limited to entities belonging to any of the Volvo Group principal ‘Business Areas’ and ‘Truck Divisions’ (as may exist from time to time) such as Volvo Trucks, Volvo Buses, Volvo Construction Equipment, Renault Trucks, Volvo Penta, Mack Trucks, Volvo Financial Services, Volvo Group Connected Solutions, Volvo Technology, Volvo Group Purchasing, Volvo Group Real Estate, Volvo Treasury, Volvo Information Technology, Volvo Group Trucks Operation, Volvo Autonomous Solutions and Volvo Energy.

“Volvo Group Supplier Portal” means the portal which Volvo Group Supply Partners gains access to in connection with their role as a Volvo Group Supply Partner. The Volvo Group Supplier Portal will contain links for Volvo Group Supply Partners to access and login to the Account Version of the Hub.

“Volvo Group Supply Partner” means a company that has active contractual links with any entity within the Volvo Group as a supply partner and that has access to the Volvo Group Supplier Portal.

1.2 Other capitalised words and expressions have the respective meaning ascribed to them elsewhere in these Terms of Use.
General

2.1 Volvo has created the Hub to promote sharing of information relating to how Volvo views the concept of purchasing within business organizations in the automotive sector. Volvo wants to promote a community-based approach that highlights key topics of interest relative to the supply chain, such as sustainability, business integrity, digitalization, among others. The purpose of the Hub is to spread information and share some of the experience and knowledge the Volvo Group has collected through the years, with Volvo Group’s suppliers, customers and other interested actors.

2.2 The Hub is to be strictly used to gain inspiration and new insights, and the Hub shall not be seen as advice of any kind, nor as any form of contractual content. Anyone can access the Public Version of the Hub subject to accepting these Terms of Use. If you represent a Volvo Group Supply Partner, or otherwise has been granted permission to create a User Account you may also access the Account Version of the Hub, subject to acceptance of these Terms of Use.
Acknowledge and Acceptance

3.1 The Hub contains certain content, material, data, applications, and information (the "Resources"). Unless explicitly stated otherwise, the Terms of Use for the Hub are separate and distinct from any other terms and conditions applicable to other websites through which access to the Hub is obtained (whether Volvo Group-affiliated or not), as well as any other contractual arrangement that you, or the company you represent have entered into with any Volvo Group entity. Any terms and conditions applicable to, or posted within, such other websites do not apply to the use of the Hub, or use of, or access to its Resources, to the extent any such other websites’ applicable terms and conditions, or other contractual arrangements, conflict with the terms of these Terms of Use.

3.2 By using the Hub, Users acknowledge and accept the following terms and conditions, and waive any claims to the contrary, to the extent permitted by law.

3.3 If any content of the Hub or any third-party website accessed through the Hub is used by an individual for, or on behalf of, an organization, the individual binds the organization to these Terms of Use and represents that they have the authority to do so. If a User does not agree to these Terms of Use, the applicable privacy policies, cookie policy, or any other applicable terms, they shall not use the Hub.

3.4 You should review these Terms of Use carefully as they include terms regarding, among other topics, acceptable use, limitations of liability, disclaimers, and resolution of disputes by arbitration. Volvo may limit or deny access at its discretion if any User violates these Terms of Use. Additional terms may apply to certain services, features, resources, or applications offered on the Hub or other Volvo Group websites. If there is a conflict between any additional terms that apply to certain services, features, resources, or applications offered on the Hub or other Volvo Group websites, and these Terms of Use, the additional terms will prevail with respect to your use of the specific services, features, resources or applications to which such additional terms apply, and otherwise such additional terms and these Terms of Use shall be read together in harmony.
Account Version Specific Terms

4.1 User Account

4.1.1 The following terms contained under this Section 4 are specific to the Account Version of the Hub. The terms contained in this Section 4 do not apply to the use of content contained on the Public Version of the Hub that is accessible to the general public. Conversely, other terms, in addition to this Section 4, within these Terms of Use apply to the use of the Hub by Account Users, unless otherwise explicitly stated or unless the application of any such other terms would be nonsensical to try to apply to those Account Users.

4.1.2 To get access to the Account Version of the Hub, the User must have been granted access by setting up a User Account through the Volvo Group Supplier Portal, or by being invited to create such a User Account through the Volvo Group Supplier Portal. Access through the User Account can be permitted through the Volvo Group Supplier Portal by logging in directly to the Volvo Group Supplier Portal.

4.1.3 Passwords and other credentials used to access User Accounts are strictly individual and must remain confidential. Each User is solely responsible for the preservation and for the confidentiality of their respective credentials. Under no circumstances shall Volvo be held responsible for any loss or damage caused by the usage of these credentials.

4.1.4 If the User or a Volvo Group Supply Partner become aware of any fraudulent use of passwords, they must immediately inform Volvo. The User shall immediately change its password and inform Volvo upon becoming aware of any unauthorized access or suspected access to the User Account and/or credentials to access the User Account. Until any User notifies Volvo and Volvo has had a commercially reasonable time to respond to such User’s notice, Volvo will assume that every transaction entered into, every authorization received, and every act or omission undertaken using such User’s username and password are fully authorized by such User.

4.2 Suspension

4.2.1 Volvo may temporarily suspend the access to the User’s User Account and therefore use of Hub upon (i) any violation of these Terms of Use and/or any applicable law or regulation by the User, unless the User is not responsible for such violation, or (ii) any other legitimate reason. The legitimate interests of the User will be duly considered when deciding whether to suspend the User’s User Account.

4.2.2 Volvo will notify the User prior to any such suspension, indicating the reason and any options to appeal, except where Volvo is legally justified, e.g., if there are serious or repeated violations.

4.2.3 In the event of a suspension, your User Account will be reactivated upon the earlier of (i) the expiration of the suspension period, or when (ii) the reason for such suspension has been eliminated or cured.

4.2.4 Should the User repeatedly or materially violate these Terms of Use, Volvo may instead of suspension choose to terminate the User’s User Account. Thereby, the User will no longer have the right to access the Account Version of the Hub.

4.3 Technical Requirements and User Authorization for User Accounts

4.3.1 The Volvo Group Supplier Portal is available in “one browser” mode which means that only one Web browser is needed to access the Portal. Thus, Users must have a platform that can support a web browser, notably: Microsoft Internet Explorer 11, Firefox, or Chrome. It is specified that some applications may be subject to specific conditions in terms of technical prerequisites. These conditions may or may not be communicated by Volvo Group before the implementation of these applications. Volvo Group will not be liable for the malfunction of the Volvo Group Supplier Portal on one or several of Volvo Group Supply Partner’s computers. Volvo Group can on an ad hoc basis assist the Users but will not substitute the Volvo Group Supply Partner’s IT team in charge of the computers’ management.

4.3.2 Only the person(s) authorized by the Volvo Group explicitly in writing, electronically or otherwise, to access the Volvo Group Supplier Portal are referred to as authorized Users and such authorized Users are in charge of administrating all of their respective company accesses in the Volvo Group Supplier Portal.

4.3.3 The Volvo Group Supply Partner shall be officially registered to (and is entitled to use) the Volvo Group Supplier Portal after completion of the then-required registration process and the initial ID and password set up has been requested. If a supplier super user (“SSU”) is assigned, Volvo shall generate the SSU’s ID and that SSU shall receive from Volvo their assigned ID and password. Then, the SSU allocates a unique and individual ID to all authorized Users to enable them to access the available contents on the Volvo Group Supplier Portal. The SSU also allocates the necessary access rights depending on the User’s needs. If no SSU is assigned, then each individual inside the Volvo Group Supply Partner’s organization who requires access to the Volvo Group Supplier Portal will have to apply for access individually to Volvo.

4.3.4 Volvo may, without limitation of any other rights or remedies of Volvo, at any time suspend, temporarily or not, the access of the SSU and authorized Users to the Volvo Group Supplier Portal in the event of:

(i) Non-compliance by the SSU or authorized Users in any material respect with their obligations under the present agreement without prejudice to the right of Volvo to claim damages; and

(ii) Interruption by Volvo Group of all contractual links with the Volvo Group Supply Partner.
Acceptable Use of the Hub

5.1 General

5.1.1 All information that any User provides when they register or otherwise begin using the Hub must be correct, current and complete. User may use the Hub and its Resources, and any third-party websites to which access is gained through the use of the Hub, only for lawful purposes and in accordance with these Terms of Use. User will not use the Hub, its Resources, or any such third-party websites:

(i) In any way that violates any applicable law or regulation;

(ii) To conduct sales activities, or conduct or promote contests, sweepstakes and other sales promotions, barter, or advertising;

(iii) To send or cause to be sent any advertising or promotional material, including any "junk mail", "chain letter", "spam" or similar solicitation;

(iv) To impersonate or attempt to impersonate Volvo or the Volvo Group, a Volvo Group employee, another User or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any such person or entity);

(v) To engage in any other conduct that restricts or inhibits, or interferes with anyone's use or enjoyment of the Hub, its Resources, or any third-party website to which access is gained through the Hub, or that, as determined by Volvo, may harm Volvo, Volvo Group or any other Users;

(vi) In any manner that could disable, overburden, damage, or impair the Hub, its Resources, or any third-party website to which access is gained through the Hub; and

(vii) In any manner that exposes the Volvo, Volvo Group, or any other persons or entities, to legal or regulatory risk.

5.1.2 Additionally, Users may not:

(i) Use any robot, spider, artificial intelligence (AI) or other automatic device, process or means to access the Hub, its Resources, or any third-party website to which access is gained through the Hub for any purpose, including monitoring or copying any of the material displayed herein or therein;

(ii) Reverse-engineer, decompile, or attempt to discover or derive the source code of any Resources, content, tools, data, or Information displayed on the Hub, its Resources, or any third-party website to which access is gained through the Hub;

(iii) Use parallel sessions, AI, virtual Users, or any other means that would allow the utilization of the content of the Hub, its Resources, or any third-party website to which access is gained through the Hub, at a rate or intensity, or with an efficiency, greater than that of an unaided human operator;

(iv) Introduce any virus, Trojan horse, worm, logic bomb, spyware or other malicious or other harmful or malicious code or other material;

(v) Attempt to gain unauthorized access to, interfere with, damage or disrupt any part of the Hub, its Resources, or any third-party website to which access is gained through the Hub, the server on which any such content is stored, or any network, server, computer, equipment or database connected to the Hub, its Resources, or any third-party website to which access is gained through the Hub;

(vi) Attack the Hub, its Resources, or any third-party website to which access is gained through the Hub using a denial-of-service attack or a distributed denial-of-service attack;

(vii) Otherwise attempt to interfere with the proper working of the Hub, its Resources, or any third-party website to which access is gained through the Hub; and

(viii) Export any content, Resources, tools, data, or information displayed on the Hub, or any third-party website to which access is gained through the Hub to, or use any such content, Resources, tools, data or information in, any jurisdiction in which the same is prohibited and/or in violation of any United States or other export regulation.

5.2 Communication

5.2.1 Users are prohibited from posting or transmitting any unlawful, deceptive, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that infringes any intellectual property rights of others or could constitute or encourage conduct that may be considered a criminal offense, give rise to civil liability, or otherwise violate any law, to the Hub. Volvo will fully cooperate with any law enforcement authorities or court order requesting or directing Volvo to disclose the identity of anyone posting any such information or materials. Users are prohibited from posting or transmitting any material or content that gives the impression that such material or content emanates from or is endorsed by Volvo or any other person or entity if that is not the case.

5.2.2 Volvo may, but is not obliged to:

(i) Remove or refuse to post any material or other content shared by any User for any or no reason in Volvo’s sole discretion; and

(ii) Take any action with respect to any material or other content shared by any User that Volvo deems necessary or appropriate in Volvo’s sole discretion, including if Volvo believes that such material or content violates these Terms of Use or infringes any intellectual property right or other right of any person or entity, threatens the personal safety of other Users or the public, or could create liability for Volvo, Volvo Group or others.
Costs

The Hub is provided to all Users free of charge. However, Volvo reserves the right to start charging Users for the Hub in the future, in accordance with the Section 112 (Changes).
Intellectual Property Rights

7.1 Copyright Notice

7.1.1 All textual, graphical, and other content on the Hub is the copyright of Volvo Group or its subsidiaries, affiliates, or licensors, unless otherwise noted. All rights are reserved. Information on the Hub, including but not limited to text, images, and sound, may not be reproduced, transferred, distributed, or stored without prior written permission from Volvo Group, except for strictly private purposes or where otherwise indicated. Any User’s modifications to the content on the Hub are expressly prohibited. Some images on the Hub are subject to the copyright or other legal rights of their providers or, in the case of images showing natural persons or properties, the rights of such persons or property owners. Any use of such images without explicit authorization is prohibited.

7.1.2 Any software that may be available to download from the Hub (the "Software") is the copyrighted work of Volvo (or any of its subsidiaries or affiliates) and/or its suppliers or licensors, unless explicitly stated otherwise on a case-by-case basis.

7.1.3 Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). Unless otherwise is expressly stated in the License Agreement the Software is made available for downloading solely for use by end Users. Any use, reproduction or redistribution of the Software not in accordance with the License Agreement may result in civil and criminal penalties.

7.1.4 WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER USE, REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.

7.1.5 THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS EXPRESSLY WARRANTED IN THE LICENSE AGREEMENT, THE VOLVO GROUP HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

7.2 Trademarks

Unless otherwise indicated on the web site, displayed marks, corporate logos and emblems, such as, for example, the Volvo “Iron Mark” logo, are subject to the trademark rights of Volvo Trademark Holding AB and/or AB Volvo (publ) (or its subsidiaries or affiliates), or their respective licensors, or are owned by third parties and used within the Hub under the doctrine of fair use. Nothing contained on the Hub is intended to be or should be construed as a license or other grant of right to any person to use any patent, copyright, trademark, or other intellectual property right of Volvo Trademark Holding AB and/or AB Volvo (publ) (or its subsidiaries or affiliates), or their respective licensors, except to the sole extent, if any, expressly provided herein. The unauthorized use of any such intellectual property rights displayed on the Hub, or any other content on the Hub, except as provided in these Terms of Use or otherwise explicitly granted within the content of the Hub, is strictly prohibited. You are also advised that Volvo Group will aggressively enforce its intellectual property rights to the fullest extent of the law.

7.3 Use of Resources

7.3.1 Users (both individuals and entities) may view, copy, print, download, and use Resources from the Hub for personal, informational purposes only, provided that:

(i) Graphics are not used, copied, or distributed separately from the accompanying text, unless explicitly permitted; and

(ii) No content (text, graphics, or other) is modified in any way.

7.3.2 Additionally, Users must retain all copyright and proprietary notices on any copied, printed, or downloaded materials. Volvo does not warrant or represent that the use of materials on the Hub will not infringe third-party rights.

7.4 Third-Party Content (DMCA Notice)

7.4.1 Copyright Infringement. Volvo respects the intellectual property rights of others and will terminate access privileges of repeat infringers. If you believe that content on the Hub infringes your intellectual property rights, please contact us with the following information:

(i) An electronic or physical signature of the copyright owner or authorized agent;

(ii) A description of the copyrighted work and the location (URL) of the infringing material;

(iii) Your address, telephone number, and email address;

(iv) A statement of good faith belief that the use is not authorized by the copyright owner, its agent, or the law; and

(v) A statement, under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or authorized to act on their behalf.

7.4.2 By submitting a copyright infringement notification, you consent to having your communication forwarded to the party who posted the content. The notification will be forwarded as submitted without deletions.

7.5 Contact Information:

Volvo Group Purchasing AB

Gropegårdsgatan 10, 417 15, Göteborg

Email: Support.PurchasingByVolvoGroup@volvo.com
Information and License

8.1 Except as specifically set forth below, any information, suggestions, questions, ideas, or comments communicated or submitted by any User of the Hub (collectively and individually referred to herein as "Information") regarding any product or service offered by any entity within the Volvo Group, or regarding the content and other Resources accessible through the Hub, or regarding any other topic, will be deemed non-proprietary and non-confidential. Volvo Group shall have no obligation regarding such Information.

8.2 If such Information cannot be considered non-proprietary, the User grants Volvo Group a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute such Information in any media or distribution methods now known or later developed. This license authorizes Volvo Group to make such Information available to the rest of the world and to let others do the same. Users agree that this license includes the right for Volvo Group to provide, promote, and improve the content, Resources, data, applications, services, products, and other information offered or promoted on or through the Hub, and to make such Information available to other companies, organizations, or individuals for syndication, broadcast, distribution, repost, promotion, or publication on other media and services. No compensation will be paid to the User submitting such Information, as the use of the Hub is considered sufficient compensation for the rights granted herein.

8.3 Nothing in this Section 8 is intended to impair Volvo Group’s rights under any “fair use” or similar principles to use any Information submitted, regardless of any registered patent, trademark, or copyright rights a person or entity may enjoy.

8.4 Subject to any applicable Volvo Group privacy policy(ies) and applicable law, and without limitation of the generality of the foregoing, with respect to anything a User transmits or posts on the Hub, if such transmission or posting is visible to other Users, each User understands and agrees that Volvo cannot control what other Users do with such information outside of the Hub’s ecosystem. Thus, Volvo nor Volvo Group bears no responsibility or liability for what other Users choose to do with such information. Any User submitting such Information or making such transmissions or posts represents and warrants that they have the full right and authority to make such submissions and agree to the rights of Volvo Group and, to the extent applicable, other Users, as set out in this Section 8.

8.5 Upon receipt of such Information, transmissions, or posts, Volvo Group shall be free to reproduce, use, disclose, and distribute the Information, transmissions, and/or posts to others without limitation. Moreover, subject to any applicable Volvo Group privacy policy(ies) and applicable law, Volvo Group shall be free to use the Information, transmissions, and posts, and any ideas, know-how, or techniques contained in such Information, transmissions, and posts, or developed from such Information, transmissions, and posts, for any purpose whatsoever, including but not limited to the development, manufacture, or marketing of products or services incorporating such Information, ideas, know-how, or techniques. Provided that, nothing in this Section 8 is intended to transfer any ownership rights in any patent, trademark, or copyright rights, in each case registered in the United States and European Union at a minimum, held by such User at the time of initial submission of Information or transmission.
Dsiclaimer, Limitation of Liability and Waiver

9.1 ALL RESOURCES AND OTHER MATERIALS PROVIDED ON OR THROUGH THE PORTAL IS PROVIDED "AS IS" AND “AS AVAILABLE”. TO THE FULL EXTENT PERMITTED BY LAW, VOLVO GROUP EXPRESSLY DISCLAIMS AND GIVES NO EXPRESS OR IMPLIED WARRANTIES OF ANY NATURE (INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR NONINFRINGEMENT) WITH RESPECT TO THIS PORTAL AND THE RESOURCES, DATA, APPLICATIONS OR INFORMATION PRESENTED OR MADE AVAILABLE ON THE PORTAL OR TO THE PRODUCTS OR SERVICES ADVERTISED, PRESENTED OR DESCRIBED ON THE PORTAL (AS ALL SUCH PRODUCTS AND SERVICES ARE SUBJECT TO ANY WARRANTY TERMS AND LIMITATIONS GIVEN AT THE TIME THE SALE – IF SUCH PRODUCTS AND SERVICES ARE OFFERED FOR SALE – OF SUCH PRODUCTS AND SERVICES IS CONSUMMATED). IN NO EVENT WILL VOLVO GROUP BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES ARISING FROM OR RELATED TO ANY USE OF THE PORTAL, OR OF ANY OTHER HYPERLINKED WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF VOLVO GROUP IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT APPLICABLE LAW DOES NOT ALLOW THIS LIMITATION, DAMAGES SHALL BE LIMITED TO THE LOWER OF (A) ONE HUNDRED U.S. DOLLARS (100) USD, (B) THE AMOUNT YOU PAID VOLVO, IF ANY, IN THE PAST SIX MONTHS FOR ACCESS TO OR USE OF THE PORTAL, RESOURCES, DATA, APPLICATIONS OR INFORMATION SOLELY, STRICTLY AND DIRECTLY GIVING RISE TO THE CLAIM, OR (C) THE LOWEST AMOUNT ALLOWED BY LAW. THE DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY IN THESE TERMS OF USE ARE EFFECTIVE EVEN THOUGH A PARTY KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF ANY DAMAGES OF ANY KIND AND EVEN THOUGH ONE OR MORE DISCLAIMERS OR LIMITATIONS CAUSES A REMEDY TO FAIL OF ITS ESSENTIAL PURPOSE.

9.2 Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the exclusions above and otherwise appearing in this Terms of Use may not apply to certain Users. Also please note that some jurisdictions may not allow the limitation of damages that appear above and in any such cases, the liability of any entity within the Volvo Group, its directors, employees, agents representatives, partners and licensors, to any User(s) arising from or related to any use of the Hub or of any other hyperlinked website accessible through the Hub is limited to the maximum extent permissible in the country of residence of the User(s) in question. Users should check their local laws for any restrictions or limitations regarding the exclusion of implied warranties or limitation of damages.

9.3 WITH RESPECT TO ANY SEPARATE AGREEMENT APPLICABLE TO ANY VOLVO GROUP RESOURCES, SUBSCRIPTIONS, TOOLS OR OTHER OFFERINGS, THESE DISCLAIMERS ARE IN ADDITION TO, AND DO NOT LIMIT, ANY OTHER DISCLAIMERS CONTAINED IN SUCH AGREEMENT.

9.4 Volvo Group makes no warranties and/or representations whatsoever about any other website, which Users of the Hub may access through the Hub. Users of the Hub who decide to access such other websites are solely responsible for following any terms of use applicable at any time to such other websites. The contents, operation, performance, availability of such websites, and any acts by third persons or entities operating or maintaining such websites, are the sole responsibility of such persons or entities. Such persons or entities are independent of Volvo Group and have no authority to act on behalf of the Volvo Group except to the extent, if any, expressly given by the Volvo Group within the text of the Hub. The provision of links to such websites does not mean that the Volvo Group endorses or accepts any responsibility for the contents or the use of such website. In addition, it is up to each User to ensure that such User takes precautions and to ensure that whatever such User selects for such User’s use, whether within the Hub or through other website(s) that may be accessed through the Hub, is free of such items as viruses, worms, Trojan horses and other items of a destructive nature. Volvo Group assumes no responsibility for, and shall not be liable for any damages to, or viruses or other harmful components that may infect, a User’s computer equipment or other property on account of such User’s access to, use of, or browsing in the website, or any other website which such User may access through the Hub, or such User’s downloading of any materials, data, text, images, video, or audio from the Hub, or any other website which such User may access through the Hub. Reference in any manner to any product, service or other offering of any third party does not necessarily constitute or imply the endorsement or recommendation of such product, service or offering by Volvo (or its subsidiaries or affiliates).

9.5 Please also bear the following in mind:

(i) Resources, Information and content provided on the Hub may contain inaccuracies, (technical or other), or typographical mistakes or other errors;

(ii) Volvo Group declines all responsibility for any harm resulting from a fraudulent intrusion of a third party leading to a modification to Resources posted on the Hub;

(iii) Resources presented or made available on the Hub is subject to change at any time without prior notice, and Volvo does not guarantee or warrant the accuracy, adequacy or completeness of the contents of the Resources;

(iv) Information that is published on the Hub may contain references or cross references to Volvo Group products, services, or programs that are not announced or available in a particular User’s country. The accuracy of such Information cannot be guaranteed, particularly since this information is subject to change, as are specific requirements and/or availability, and such references do not imply that the Volvo Group intends to announce such products, services, or programs in any particular User’s or Users’ country or that such products, services or programs may be lawfully offered or used in any particular Users’ country. Users should contact their local dealer for complete details to determine the availability, if any, of any such products, services, or programs;

(v) Volvo Group does not provide, nor does any employee, agent or contractor of Volvo Group have any authority to provide, any legal, tax, accounting, business management, or other advice through or otherwise in connection with the operation, presentation or maintenance of the Hub. Volvo Group reserves the right at any time and without prior notice to modify or discontinue products and services offered by Volvo Group and/or the availability of the Hub and its Resources, at any time without incurring any obligation to any User of the Hub. Pictorial representations of products or other items featured on the Hub may vary to some extent from the actual appearance of such products and items; and

(vi) The Hub may not be available from time-to-time for various reasons. All Users agree to waive any claims, losses or damages, of any nature, against Volvo and Volvo Group for such downtime of the Hub or the inaccuracy or inadequacy of, error or delay in, or omission of any content, Information, Resources, data, applications or other thing of any nature provided or presented in connection with or available on the Hub or any other website linked to the Hub, or transmitted or delivered to such Users by or in connection with the Hub or other website.
Indemnity

To the fullest extent permitted by applicable law, and in addition to and without limiting any other obligations of indemnification, Users of the Hub may have under any other agreement with any entity(ies) within the Volvo Group, Users of the Hub agree to defend, indemnify, and hold harmless Volvo and Volvo Group, its licensors, and service providers, and its and their respective officers, directors, members, managers, owners, trustees, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including, but not limited to, reasonable attorneys' fees) arising out of or relating to:

(i) Such User’s violation of the Terms of Use; or

(ii) Such User’s breach of any representation or warranty in the Terms of Use, including, but not limited to, the representation or warranty of any individual that the individual can, and does, bind any organization to the terms of the Terms of Use.
Term and Termination

11.1 Public Version

11.1.1 These Terms of Use become applicable upon your choice to access and use the Public Version of the Hub and applies for the duration of such use of the Hub.

11.1.2 The provisions of these Terms of Use shall remain in effect even after the cessation of use of the Hub, except where such provisions become irrelevant.

11.2 Account Version

11.2.1 These Terms of Use become applicable upon your acceptance of the Terms of Use (i) in connection with your account setup, as described in Section 4, or (ii) when accessing the Hub with an existing User Account through the Supplier Portal for the first time, and ends with a termination by either party in accordance with these Terms of Use.

11.2.2 You may terminate the Terms of Use for convenience at any time by deleting your User Account, by using the account deletion mechanism. Volvo also reserves the right to terminate the Terms of Use at any time upon three (3) months’ prior notice to you, by e-mail to the e-mail address linked to your User Account.

11.2.3 Volvo may also immediately terminate the Terms of Use upon your material breach of these Terms of Use.

11.2.4 The provisions of these Terms of Use shall remain in effect even after the deactivation or termination of any Users and/or User Accounts and any cessation of use of the Hub, except where such provisions become irrelevant.
Changes

12.1 General

12.1.1 Volvo reserves the right to modify and/or correct the content of any Resources available on or through the Hub at any time and without notification. This does not serve as the basis for claims of liability against Volvo or Volvo Group, its employees or contractors, and Users waive any claims to the contrary. All changes are effective immediately when Volvo posts them and apply to all subsequent access to and use of the Hub and any content, data, Resources, Information, links, and other information embedded or available in the Hub.

12.1.2 Volvo reserves the right to change the scope of the Hub, to make new functionalities available free of charge or for a charge, to charge for functionalities previously available for free and to discontinue the provision of the Hub altogether or partly so. Volvo will take your legitimate interests into consideration upon our exercise of this right and inform you before any previously for-free-functionalities become chargeable.

12.2 Public Version

Users of the Public Version of the Hub are subject to the most current version of the Terms of Use as published at any given time a particular User chooses to use the Hub, at volvogroup.com. For the avoidance of doubts, such version of the Terms of Use will govern the use of the Hub at that time. Public Version Users should therefore refer regularly to the Terms of Use to check the then currently applicable Terms of Use to which the User might be subjected. By continuing to access or use the Hub after any changes of the Terms of Use become effective, such Users who do so agree to be bound by such revised terms and conditions.

12.3 Account Version

If you have a User Account and thereby access the Account Version of the Hub, you will be notified upon your next login to your User Account if any changes to the Terms of Use have been made. You will then be asked to re-accept the changed Terms of Use to continue to use the Hub.
Regulatory

13.1 Data Protection

When accessing the Hub, and otherwise in connection with these Terms of Use, Volvo will process personal data as the data controller, in accordance with the Regulation (EU) 2016/679 (“GDPR”) and other applicable data privacy regulations. Please, refer to:

(i) the Volvo Group’s website privacy policy (available at https://www.volvogroup.com/en/tools/privacy.html) for information relating to the processing of your IP-address and other data relating to your use of our website including the Hub’s webpages,

(ii) the Purchasing by Volvo Group Privacy Policy (available at this link) for information relating to a) your use of the Hub and b) the management of your User Account (if you are accessing the portal through a User Account).

13.2 CAN-SPAM, Telephone Consumer Protection Act and Similar Law

This Section 13.2 applies only to Users who access the Hub from locations in the United States of America, and thereby are subject to US laws. Any access or use by any User of any content, Resources, services, data, Information or products available through the Hub establishes a business or other applicable relationship with Volvo Group for purposes of CAN-SPAM, the Telephone Consumer Protection Act, and all other applicable law that addresses unsolicited commercial communications. By accessing, or continuing to access, any such content, Resources, services, data, Information or products, each User of the Hub agrees that Volvo Group or its agents may call, e-mail, or otherwise communicate with such User regarding promotion of the sale, lease, or exchange of goods, services, property, or any other thing of value, which Volvo Group is interpreting as transactional or relationship messages (or similar definitions in other laws). To the extent Volvo Group sends a User messages that are not transactions or relationship messages, such User may opt out of future communications by contacting gpo.office@volvo.com or by following any opt-out instructions contained in the messages.
Miscellaneous

14.1 Severance. If any provision of these Terms of Use is held to be invalid or unenforceable by any competent court, authority or arbitral tribunal, the remainder of that provision and all other provisions will remain valid and enforceable to the fullest extent permitted by applicable law.

14.2 Waiver. The failure of any party to these Terms of Use to enforce at any time, for any period, of any one or more provisions of these Terms of Use, shall not be a waiver of such provision(s) or of the right of such party at any time subsequently to enforcement.

14.3 No waiver by Volvo or Volvo Group of any term or condition set forth in the Terms of Use, as well as the privacy policy or any other Volvo Group policies or notices to which the Hub links, shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Volvo or Volvo Group to assert a right or provision under the Terms of Use shall not constitute a waiver of such right or provision.

14.4 Entire Agreement. These Terms of Use constitute the entire agreement between the parties and supersedes all prior and contemporaneous agreements, proposals, or representations, written or oral, concerning its subject matter. Notwithstanding any language to the contrary therein, no terms or conditions stated in a purchase order, vendor on-boarding process or web portal, or any other order documentation will be incorporated into or form any part of these Terms of Use, and all such terms or conditions will be null and void.

14.5 Publicity. A party shall not be entitled to use the other party’s company name, trademark, or logo as a reference for marketing or promotional purposes in public or private communication with existing or potential customers, without such party’s prior written approval.
Contact

In case you have questions about the Terms of Use, do not hesitate to contact Volvo through: Support.PurchasingByVolvoGroup@volvo.com.
Governing Law and Disputes

16.1 Governing Law

The acknowledgment, acceptance and ultimate use of the Hub, and the interpretation and application of these Terms of Use, shall, except to the sole extent, if any, superseded by any applicable laws that might apply elsewhere, be governed in all respects by the laws of Sweden without regard for its conflict of laws provisions that might otherwise require the application of the laws of another jurisdiction.

16.2 Disputes

1.1 Any dispute, controversy or claim arising out of or in connection with the Terms of Use, or the breach, termination, or invalidity thereof, or any non-contractual obligations arising out of or in connection with the Terms of Use, shall be finally settled by arbitration in accordance with the Arbitration Rules of the SCC Arbitration Institute. The SCC Arbitration Institute shall also decide whether the arbitral tribunal shall be composed of one or three arbitrators. The seat of arbitration shall be Gothenburg, Sweden. The language to be used in the arbitral proceedings shall be English.

1.2 All arbitral proceedings conducted pursuant to Section 16.2 all information disclosed and all documents submitted or issued by or on behalf of any of the disputing parties or the arbitrators in any such proceedings as well as all decisions and awards made or declared in the course of any such proceedings shall be kept strictly confidential and may not be used for any other purpose than these proceedings or the enforcement of any such decision or award nor be disclosed to any third party without the prior written consent of the party to which the information relates or, as regards to a decision or award, the prior written consent of all the other disputing parties.

16.2.1 Equitable Relief. Volvo Group may seek injunctive or other relief (without the necessity of posting a bond or demonstrating actual monetary damages) in any state, federal, or national court of competent jurisdiction for any actual or alleged unauthorized access or use of the content, applications, data, Resources, Information or other information available through the Hub, or an infringement of the Volvo Group’s or any third party’s intellectual property or other proprietary rights.