Legal information
General Terms and Conditions for Online Salesof TomTom International B.V.Rembrandtplein 35, 1017 CT Amsterdam, The Netherlands(“TomTom”)
1) Scope
a) These Terms and Conditions shall apply to all purchase orders submitted or to be submitted by you for any item or license offered for sale or use on or via the TomTom website (“Products”), including, but not limited to, (i) hardware devices, accompanying items and accessories and any devices, items or accessories containing pre-installed software (“Hardware”), (ii) software, including pre-installed software on any of the devices, items or accessories (“Software”) and (iii) services provided by TomTom, including TomTom Internet-based services, real time information services such as traffic information and weather forecasts, data services, information services or information obtained through the information services (“Service”). TomTom reserves the right to make amendments or additions to these Terms and Conditions at any time.
b) By submitting an order, you accept and are bound by all the Terms and Conditions herein and any amendments and additions to it.
a) These Terms and Conditions shall apply to all purchase orders submitted or to be submitted by you for any item or license offered for sale or use on or via the TomTom website (“Products”), including, but not limited to, (i) hardware devices, accompanying items and accessories and any devices, items or accessories containing pre-installed software (“Hardware”), (ii) software, including pre-installed software on any of the devices, items or accessories (“Software”) and (iii) services provided by TomTom, including TomTom Internet-based services, real time information services such as traffic information and weather forecasts, data services, information services or information obtained through the information services (“Service”). TomTom reserves the right to make amendments or additions to these Terms and Conditions at any time.
b) By submitting an order, you accept and are bound by all the Terms and Conditions herein and any amendments and additions to it.
2) Orders
a) Any purchase order submitted is subject to acceptance by TomTom. Only upon acceptance by TomTom by way of an order confirmation the sale is concluded.
b) TomTom reserves the right to reject any orders in full or in part or to apply a maximum order amount.c) All orders for Hardware are subject to stock availability.
d) All purchases are paid for through the payment service as offered on the TomTom website (“Payment Service”). In order to submit orders and use the Payment Service you must set up a MyTomTom account and supply the Payment Service details of your preferred payment method, billing and shipping address and any other details necessary to complete the purchase.
a) Any purchase order submitted is subject to acceptance by TomTom. Only upon acceptance by TomTom by way of an order confirmation the sale is concluded.
b) TomTom reserves the right to reject any orders in full or in part or to apply a maximum order amount.c) All orders for Hardware are subject to stock availability.
d) All purchases are paid for through the payment service as offered on the TomTom website (“Payment Service”). In order to submit orders and use the Payment Service you must set up a MyTomTom account and supply the Payment Service details of your preferred payment method, billing and shipping address and any other details necessary to complete the purchase.
3) Price and payment
a) The amount payable shall be collected prior to conclusion of the sale in case of payment through bank transfers or after conclusion of the sale in case of payment through any other payment method.
b) Shipping charges (if any) will apply in addition to the sale price indicated on the website. You are responsible for any local sales taxes, other taxes and government levies, if any, associated with the order. Prices are subject to change at any time but will not affect purchase orders made.
c) If, for whichever reason, payment through the Payment Service should fail TomTom will invoice you for the amount payable, which must be paid for within 15 days from the date of invoice.
a) The amount payable shall be collected prior to conclusion of the sale in case of payment through bank transfers or after conclusion of the sale in case of payment through any other payment method.
b) Shipping charges (if any) will apply in addition to the sale price indicated on the website. You are responsible for any local sales taxes, other taxes and government levies, if any, associated with the order. Prices are subject to change at any time but will not affect purchase orders made.
c) If, for whichever reason, payment through the Payment Service should fail TomTom will invoice you for the amount payable, which must be paid for within 15 days from the date of invoice.
4) Delivery and risk of loss
a) TomTom will endeavour to deliver the Product within 30 days of order acceptance. If multiple Products are purchased, TomTom reserves the right to deliver each Product separately.
b) Products will be delivered either ex-warehouse or electronically. The risk of loss or damage will pass to you at the moment the Products are delivered to your delivery address or possession.
c) If you refuse or neglect to take possession of the Products, the Products will be stored at your expense.
d) If delivery to you should fail, TomTom reserves the right to dissolve the purchase agreement and refund any monies paid.
a) TomTom will endeavour to deliver the Product within 30 days of order acceptance. If multiple Products are purchased, TomTom reserves the right to deliver each Product separately.
b) Products will be delivered either ex-warehouse or electronically. The risk of loss or damage will pass to you at the moment the Products are delivered to your delivery address or possession.
c) If you refuse or neglect to take possession of the Products, the Products will be stored at your expense.
d) If delivery to you should fail, TomTom reserves the right to dissolve the purchase agreement and refund any monies paid.
5) Cancellation Policy
a) TomTom allows you to cancel a purchase agreement for Hardware that has not yet been used and to return such Hardware after obtaining an RMA number (Return Materials Authorization) until 7 working days following the date of delivery to your delivery address (“Cancellation Period”) for a refund of the purchase price actually paid. If you choose to cancel the purchase agreement for Hardware, you must contact TomTom during the Cancellation Period by email via http://www.tomtom.com to obtain an RMA number and return the Hardware in its original packaging, free of all liens, claims, or encumbrances, to the address provided by TomTom. TomTom may charge you for any associated shipping costs.
b) Purchases of Software may be cancelled in accordance with clause 5(a) provided that the seal has not been broken. Downloading, installing or activating Software are all considered breaking as the seal.
c) Purchases of Services will not be eligible for cancellation.
a) TomTom allows you to cancel a purchase agreement for Hardware that has not yet been used and to return such Hardware after obtaining an RMA number (Return Materials Authorization) until 7 working days following the date of delivery to your delivery address (“Cancellation Period”) for a refund of the purchase price actually paid. If you choose to cancel the purchase agreement for Hardware, you must contact TomTom during the Cancellation Period by email via http://www.tomtom.com to obtain an RMA number and return the Hardware in its original packaging, free of all liens, claims, or encumbrances, to the address provided by TomTom. TomTom may charge you for any associated shipping costs.
b) Purchases of Software may be cancelled in accordance with clause 5(a) provided that the seal has not been broken. Downloading, installing or activating Software are all considered breaking as the seal.
c) Purchases of Services will not be eligible for cancellation.
6) Software License, Copyright & Confidentiality
a) You are granted a license to use the Software and Services (“License”) for internal use only. You may install the Software on only one computer or Hardware device at any time and in combination with only one navigation system. You may not provide the Software or Services or information obtained through the Services to others, directly or indirectly. This License is non-exclusive and non-transferable. This License does not grant any rights to obtaining future upgrades, updates or supplements to the Software. If upgrades, updates or supplements to the Software are obtained, however, the use of such upgrades, updates or supplements is governed by these Terms and Conditions and any amendments that may accompany them and may be subject to additional payments and conditions.
b) TomTom reserves the right, with or without notice, to discontinue update, upgrade and supplement services provided to you or made available to you through the use of the Software.
c) Without prejudice to any other rights, TomTom may immediately terminate the License if you fail to comply with any of these Terms and Conditions. In such event, you must destroy all copies of the Software and all of its component parts.
d) Copyright and other intellectual, industrial and/or proprietary rights to the Software and to any copies made of it are owned by TomTom and/or its suppliers. TomTom permits you to use the Software only in accordance with these Terms and Conditions. All rights not specifically granted in these Terms and Conditions are reserved by TomTom. You may either (a) make one copy of the Software solely for backup or archival purposes, or (b) transfer the Software to a single medium provided the original is kept solely for backup or archival purposes. Product manual(s) or written materials may not be copied, except for your own use. You may not copy, download, upload or in any other way reproduce information obtained through the Service, except for creating one copy solely for backup or archival purposes. You do not acquire ownership of the Software or information obtained through the Service.
a) You are granted a license to use the Software and Services (“License”) for internal use only. You may install the Software on only one computer or Hardware device at any time and in combination with only one navigation system. You may not provide the Software or Services or information obtained through the Services to others, directly or indirectly. This License is non-exclusive and non-transferable. This License does not grant any rights to obtaining future upgrades, updates or supplements to the Software. If upgrades, updates or supplements to the Software are obtained, however, the use of such upgrades, updates or supplements is governed by these Terms and Conditions and any amendments that may accompany them and may be subject to additional payments and conditions.
b) TomTom reserves the right, with or without notice, to discontinue update, upgrade and supplement services provided to you or made available to you through the use of the Software.
c) Without prejudice to any other rights, TomTom may immediately terminate the License if you fail to comply with any of these Terms and Conditions. In such event, you must destroy all copies of the Software and all of its component parts.
d) Copyright and other intellectual, industrial and/or proprietary rights to the Software and to any copies made of it are owned by TomTom and/or its suppliers. TomTom permits you to use the Software only in accordance with these Terms and Conditions. All rights not specifically granted in these Terms and Conditions are reserved by TomTom. You may either (a) make one copy of the Software solely for backup or archival purposes, or (b) transfer the Software to a single medium provided the original is kept solely for backup or archival purposes. Product manual(s) or written materials may not be copied, except for your own use. You may not copy, download, upload or in any other way reproduce information obtained through the Service, except for creating one copy solely for backup or archival purposes. You do not acquire ownership of the Software or information obtained through the Service.
7) Third Party Software Licenses
TomTom products may make use of third party software or information. The use of third party materials included in the Software may be subject to other terms and conditions. The official copyright notices and specific license conditions of these third party software codes, information and algorithms are to be found in or via the ‘Third Party Software Licenses’-folder on the CD/SD/ROM/HardDisk. You hereby agree to the terms and conditions for such third party software or information.
TomTom products may make use of third party software or information. The use of third party materials included in the Software may be subject to other terms and conditions. The official copyright notices and specific license conditions of these third party software codes, information and algorithms are to be found in or via the ‘Third Party Software Licenses’-folder on the CD/SD/ROM/HardDisk. You hereby agree to the terms and conditions for such third party software or information.
8) Other Restrictions
a) Renting, lending, public presentation, performance or broadcasting or any other kind of distribution of the Products is prohibited. Other than as permitted by applicable legislation, you will not, and will not allow any person to, modify the Products or any part thereof, to analyze it by means of reverse engineering, to decompile or disassemble the Products, or to make products derived from it.
b) You acknowledge and agree that the Products were developed at considerable time and expense by TomTom and are confidential to, and a trade secret of, TomTom and/or other third parties. You undertake to maintain the Products in strict confidence and not to disclose or provide access to the Product to any third party.
a) Renting, lending, public presentation, performance or broadcasting or any other kind of distribution of the Products is prohibited. Other than as permitted by applicable legislation, you will not, and will not allow any person to, modify the Products or any part thereof, to analyze it by means of reverse engineering, to decompile or disassemble the Products, or to make products derived from it.
b) You acknowledge and agree that the Products were developed at considerable time and expense by TomTom and are confidential to, and a trade secret of, TomTom and/or other third parties. You undertake to maintain the Products in strict confidence and not to disclose or provide access to the Product to any third party.
9) Limited Warranty
a) TomTom does not and cannot warrant that the Products operate error-free nor that any information provided is always accurate. Calculation errors may occur when using Software and/or Hardware in a navigation system such as those caused by local environmental conditions and/or incomplete or incorrect data.
b) TomTom warrants that the Software or Hardware will be free from defects in workmanship and materials under normal use (“Defects”) for a period of two (2) years from the date the Software or Hardware was purchased (“Warranty Period”). Notwithstanding the Warranty Period, should you breach any of these Terms and Conditions, the Warranty Period will end on the date of breach. During the Warranty Period, the Software or Hardware will be repaired or replaced (“Limited Warranty”) without charge for either parts or labour. If the Software or Hardware is repaired after the Warranty Period has expired, the Warranty Period for the repair will expire six (6) months after the date of repair. TomTom does not give a warranty to the Service.
c) This Limited Warranty does not apply to normal wear and tear, does not apply when the Software or Hardware is opened or repaired by someone not authorized by TomTom, and does not cover repair or replacement of any Software or Hardware or part thereof damaged by: misuse, moisture, liquids, proximity or exposure to heat and accident, abuse, non-compliance with the instructions supplied with the Software or Hardware, neglect or misapplication. The Limited Warranty does not cover physical damage to the surface of the Hardware.
d) Except for this Limited Warranty, and to the maximum extent permitted by applicable law, TomTom and its suppliers provide the Products “AS IS AND WITH ALL FAULTS”, and hereby disclaim all other warranties and conditions, whether express, implied or statutory, including, but not limited to, any (if any) implied warranties, duties or conditions of satisfactory quality, of fitness for a particular purpose, of reliability or availability, of accuracy or completeness of responses, of results, of workmanlike effort, of lack of viruses, and of reasonable care and skill, all with regard to the Products, and the provision of or failure to provide support or other services, information, software, and related content through the Products or otherwise arising out of the use of the Products. Also, there is no warranty or condition of quiet enjoyment, quiet possession, or non-infringement with regard to the Products. This exclusion does not apply to (i) any implied condition as to title and (ii) any implied warranty as to conformity with description.
e) In order to make a claim of a Defect, you must contact TomTom by email during the Warranty Period via http://www.tomtom.com to explain the Defect and to obtain an RMA number if necessary. The Software or Hardware must be returned during the Warranty Period, along with an explanation of the Defect, to the address provided by TomTom. If a defect arises and a valid claim under this Warranty is received by TomTom after the first one hundred and eighty (180) days of the Warranty Period, TomTom is entitled to charge you for any reasonable shipping and handling costs made in connection with the repair or replacement of the Hardware. You must comply with any other return procedures stipulated by TomTom, if any.
f) This Limited Warranty is the only express warranty made to you and is provided in lieu of any other express warranties or similar obligations (if any) created by any advertising, documentation, packaging, or other communications.
g) This Limited Warranty does not affect any legal rights under applicable national legislation governing the sale of consumer goods.
h) This Limited Warranty is not transferable.
a) TomTom does not and cannot warrant that the Products operate error-free nor that any information provided is always accurate. Calculation errors may occur when using Software and/or Hardware in a navigation system such as those caused by local environmental conditions and/or incomplete or incorrect data.
b) TomTom warrants that the Software or Hardware will be free from defects in workmanship and materials under normal use (“Defects”) for a period of two (2) years from the date the Software or Hardware was purchased (“Warranty Period”). Notwithstanding the Warranty Period, should you breach any of these Terms and Conditions, the Warranty Period will end on the date of breach. During the Warranty Period, the Software or Hardware will be repaired or replaced (“Limited Warranty”) without charge for either parts or labour. If the Software or Hardware is repaired after the Warranty Period has expired, the Warranty Period for the repair will expire six (6) months after the date of repair. TomTom does not give a warranty to the Service.
c) This Limited Warranty does not apply to normal wear and tear, does not apply when the Software or Hardware is opened or repaired by someone not authorized by TomTom, and does not cover repair or replacement of any Software or Hardware or part thereof damaged by: misuse, moisture, liquids, proximity or exposure to heat and accident, abuse, non-compliance with the instructions supplied with the Software or Hardware, neglect or misapplication. The Limited Warranty does not cover physical damage to the surface of the Hardware.
d) Except for this Limited Warranty, and to the maximum extent permitted by applicable law, TomTom and its suppliers provide the Products “AS IS AND WITH ALL FAULTS”, and hereby disclaim all other warranties and conditions, whether express, implied or statutory, including, but not limited to, any (if any) implied warranties, duties or conditions of satisfactory quality, of fitness for a particular purpose, of reliability or availability, of accuracy or completeness of responses, of results, of workmanlike effort, of lack of viruses, and of reasonable care and skill, all with regard to the Products, and the provision of or failure to provide support or other services, information, software, and related content through the Products or otherwise arising out of the use of the Products. Also, there is no warranty or condition of quiet enjoyment, quiet possession, or non-infringement with regard to the Products. This exclusion does not apply to (i) any implied condition as to title and (ii) any implied warranty as to conformity with description.
e) In order to make a claim of a Defect, you must contact TomTom by email during the Warranty Period via http://www.tomtom.com to explain the Defect and to obtain an RMA number if necessary. The Software or Hardware must be returned during the Warranty Period, along with an explanation of the Defect, to the address provided by TomTom. If a defect arises and a valid claim under this Warranty is received by TomTom after the first one hundred and eighty (180) days of the Warranty Period, TomTom is entitled to charge you for any reasonable shipping and handling costs made in connection with the repair or replacement of the Hardware. You must comply with any other return procedures stipulated by TomTom, if any.
f) This Limited Warranty is the only express warranty made to you and is provided in lieu of any other express warranties or similar obligations (if any) created by any advertising, documentation, packaging, or other communications.
g) This Limited Warranty does not affect any legal rights under applicable national legislation governing the sale of consumer goods.
h) This Limited Warranty is not transferable.
10) Limitation of Liability
a) Neither TomTom nor its suppliers and subcontractors shall be liable to you or to any third party for any damages either direct, indirect, incidental, consequential or otherwise (including in each case, but not limited to, damages for the inability to use or access the Products, loss of data, loss of business, loss of profits, business interruption or the like) arising out of the use of or inability to use the Products, even if TomTom has been advised of the possibility of such damages.
b) Notwithstanding any damages that you or any third party might incur for any reason whatsoever (including, without limitation, all damages referenced herein and all direct or general damages in contract or anything else), the entire liability of TomTom and any of its suppliers arising from or related to the use of the Products shall be limited to the amount actually paid by you for the Products concerned.
c) TomTom shall not be liable for (i) any fraud on the part of its employees and/or agents; or (ii) any fraudulent misrepresentation on the part of its employees and/or agents.
d) Notwithstanding any of the above or anything else contained in these Terms and Conditions, neither party’s liability for death or personal injury resulting from its own negligence shall be limited.
a) Neither TomTom nor its suppliers and subcontractors shall be liable to you or to any third party for any damages either direct, indirect, incidental, consequential or otherwise (including in each case, but not limited to, damages for the inability to use or access the Products, loss of data, loss of business, loss of profits, business interruption or the like) arising out of the use of or inability to use the Products, even if TomTom has been advised of the possibility of such damages.
b) Notwithstanding any damages that you or any third party might incur for any reason whatsoever (including, without limitation, all damages referenced herein and all direct or general damages in contract or anything else), the entire liability of TomTom and any of its suppliers arising from or related to the use of the Products shall be limited to the amount actually paid by you for the Products concerned.
c) TomTom shall not be liable for (i) any fraud on the part of its employees and/or agents; or (ii) any fraudulent misrepresentation on the part of its employees and/or agents.
d) Notwithstanding any of the above or anything else contained in these Terms and Conditions, neither party’s liability for death or personal injury resulting from its own negligence shall be limited.
11) Force Majeure
Force majeure is understood to mean circumstances that impede the fulfilment of TomTom’s obligations under these Terms and Conditions which are not attributable to TomTom. In any event, force majeure is understood to include late and/or stagnation of deliveries and incomplete deliveries by TomTom caused by circumstances that cannot in fairness be attributed to TomTom. In a force majeure situation all of TomTom’s obligations shall be suspended. Should the period in which TomTom cannot fulfil its obligations as a result of force majeure continue for longer than ninety (90) calendar days, both parties shall be entitled to dissolve the purchase agreement in writing without there being an obligation to pay any compensation whatsoever arising out of or in connection with that dissolution.
Force majeure is understood to mean circumstances that impede the fulfilment of TomTom’s obligations under these Terms and Conditions which are not attributable to TomTom. In any event, force majeure is understood to include late and/or stagnation of deliveries and incomplete deliveries by TomTom caused by circumstances that cannot in fairness be attributed to TomTom. In a force majeure situation all of TomTom’s obligations shall be suspended. Should the period in which TomTom cannot fulfil its obligations as a result of force majeure continue for longer than ninety (90) calendar days, both parties shall be entitled to dissolve the purchase agreement in writing without there being an obligation to pay any compensation whatsoever arising out of or in connection with that dissolution.
12) Privacy
TomTom will not disclose information regarding your personal details, account or transactions to any third party unless in accordance with its Privacy Policy as indicated on the website http://www.tomtom.com/legal.
TomTom will not disclose information regarding your personal details, account or transactions to any third party unless in accordance with its Privacy Policy as indicated on the website http://www.tomtom.com/legal.
13) Links to Third Party Websites
TomTom is not responsible for the contents of any third-party sites or services, any links contained in third-party websites or services, or any changes or updates to third-party websites or services. Where TomTom provides links and/or access to third-party websites and/or services it is only as a convenience to you, and the inclusion of any link or access does not imply an endorsement by TomTom of the third-party site or service.
TomTom is not responsible for the contents of any third-party sites or services, any links contained in third-party websites or services, or any changes or updates to third-party websites or services. Where TomTom provides links and/or access to third-party websites and/or services it is only as a convenience to you, and the inclusion of any link or access does not imply an endorsement by TomTom of the third-party site or service.
14) Third Party Rights
Third parties have no rights under applicable legislation in relation to the rights of third parties to rely upon or to enforce any term of these Terms and Conditions but that does not affect any right or remedy of a third party which exists or is available apart from such applicable legislation.
Third parties have no rights under applicable legislation in relation to the rights of third parties to rely upon or to enforce any term of these Terms and Conditions but that does not affect any right or remedy of a third party which exists or is available apart from such applicable legislation.
15) Survival
Any provisions in these Terms and Conditions which by their nature extend beyond the termination or expiration of any sale or license of the Products will remain in effect.
Any provisions in these Terms and Conditions which by their nature extend beyond the termination or expiration of any sale or license of the Products will remain in effect.
16) Severability
If any provision of these Terms and Conditions is deemed to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect. You and TomTom are deemed to have agreed to new terms and conditions in substitution for such invalid provisions. These new terms and conditions shall be interpreted, as regards their contents and effect, as closely as possible to the original text as written but in such a way that rights can indeed be derived from them.
If any provision of these Terms and Conditions is deemed to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect. You and TomTom are deemed to have agreed to new terms and conditions in substitution for such invalid provisions. These new terms and conditions shall be interpreted, as regards their contents and effect, as closely as possible to the original text as written but in such a way that rights can indeed be derived from them.
17) Governing law
These Terms and Conditions and any disputes related to these Terms and Conditions or to the purchase and use of the Products or otherwise are subject to Dutch law. The United Nations Convention on Contracts for the International Sales of Goods is hereby excluded from application to these Terms and Conditions. All disputes arising out of these Terms and Conditions shall be settled by the courts of Amsterdam (The Netherlands), which will have exclusive jurisdiction in respect of any such disputes.
These Terms and Conditions and any disputes related to these Terms and Conditions or to the purchase and use of the Products or otherwise are subject to Dutch law. The United Nations Convention on Contracts for the International Sales of Goods is hereby excluded from application to these Terms and Conditions. All disputes arising out of these Terms and Conditions shall be settled by the courts of Amsterdam (The Netherlands), which will have exclusive jurisdiction in respect of any such disputes.
18) Translations
The English version of these terms and conditions are the prevailing version. Any translations are provided for convenience only.
The English version of these terms and conditions are the prevailing version. Any translations are provided for convenience only.
Should you have any questions concerning these terms and conditions, or if you desire to contact TomTom for any reason, please visit TomTom on the World Wide Web at http://www.tomtom.com.