The text of these GTB can be downloaded to your computer and/or printed out. These GTB are written in both Chinese and English.
You contractual partner for these GTB is Volkswagen (Anhui) Automotive Company Limited as with its head office in No.3456 Zhujiang Road, Heifei, Anhui, People's Republic of China (PRC) (“VWA”).
The Repair Maintenance Information Service is updated regularly. Should you have questions, complaints or other information relating to an order in erWin Web-shop, please address these to: erwin@volkswagen-anhui.com
§ 1 Scope and subject of contract
These GTB are applicable for the use of Repair Maintenance Information Service in digital file form from the erWin Web-Shop. VWA provides Repair Maintenance Information Service to commercial organizations and private individuals (“Customer”) for models VWA sold in Chinese market via erWin Web-shop.
§ 2 Ordering and conclusion of contract
The contract comes into force when an electronic order confirmation sends in response to the Customer's order. The Access Period to the digital Repair Maintenance Information Service starts after conclusion of the contract by the Customer. Detailed information concerning the type and method of ordering and reporting of incorrect entries can be found under the heading ABOUT ERWIN under "erWin Info Tour".
§ 3 Usage rights and access period
VWA grants to Customer a non-exclusive, revocable and non-transferable online authorization to use Repair Maintenance Information Service provided via the erWin Web-Shop.
erWin Web-Shop allows access to Repair Maintenance Information Service that includes information and supporting documentation related to repair services for VW brand vehicle models sold by VWA in Chinese market, such as repair guidance, vehicle-specific information, circuit diagrams, precise maintenance guidance, bodywork repair, and diagnostic software (OBD information). The Customer also acquires the right to use all the information on an unspecified computer for a specified period ("Access Period"). Usage covers its display on a computer, download to the computer and printing of data.
Each erWin authorization may be used by any person within a particular repair shop. For usage in a further repair shop, additional authorizations must be purchased in accordance with the current price list for each. The opportunity to use the digital Repair Maintenance Information Service ceases when the Access Period ends or if the Customer fails to comply with any terms of these GTB, without the requirement for notice to be given.
The following Access Periods are available:
1 day, 7 days, 30 days or 365 days
Under the rights granted to him, the person is forbidden to make copies of service information, of files or parts thereof, or to have copies made and to grant third parties access via communication networks. The Repair Maintenance Information is only licensed to use, not sold to the Customer under the GTB. The Repair Maintenance Information itself and all the intellectual property rights contained in the Repair Maintenance Information shall be reserved by VWA. Without VWA prior written consent, the Customer cannot resell, publish, disclose the Repair Maintenance Information or use it for other commercial purpose. VWA reserves all rights not expressly granted to Customer. Copies made for backup purposes for own usage is excluded.
§ 4 Limitations to usage periods
As a result of maintenance of and enhancements to the erWin Web-shop, availability for usage and/or access to the Repair Maintenance Information Service may be temporarily limited or suspended.
§ 5 Payment
Information on prices can be found under products and services > product assistant > display all products. All prices are quoted in RMB including VAT at the respective statutory rate.
The prices are applicable from the place of delivery excluding postage, packing and insurance. Payment for access to digital Service Information in erWin Web-shop becomes due upon confirmation of the order and to be paid online by Bank transfer in RMB. After Customer provides relevant payment prove and invoice title info, invoice can be provided. An erWin repair flat rate starts within 3 working day after purchase and a new flat rate can only be bought after the previous flat rate expired.
Once payment is processed, refunds are not supported.
§ 6 Warranty and limitation period
The User may terminate these Terms of Use by sending a notice in writing to our e-mail address: [erwin@volkswagen-anhui.com 】, whereupon the User's right to use erWin Web-shop will terminate accordingly.
Volkswagen reserves the right to prohibit the User from accessing the information of erWin Web-shop at any time for good reason and without refunding the payments already made by the Customer.
§ 7 Liability
Volkswagen Anhui does not assume any liability for the completeness and accuracy of the information, instructions and/or documentation provided in the erWin Web-shop.
The user is responsible for the professional implementation of the information, instructions and/or documentation provided in the erWin Web-shop. Maintenance of the vehicle must always be carried out by professionally trained personnel. In addition, all safety instructions must be observed to avoid accidents, personal injury and property damage. Before starting work, the user must ensure that the latest available service information documents are always used.
§ 8 Privacy Protection
All rights to publish, reproduce, process, configure and/or utilize the contents of the erWin Web-shop (in particular the information provided therein) are expressly reserved by Volkswagen Anhui. Volkswagen Anhui exclusively owns these rights. The user shall comply with the laws and regulations on the protection of intellectual property rights in China and shall not in any way infringe the intellectual property rights or other rights of Volkswagen Anhui in relation to the aforementioned contents.
The User shall not use the erWin Web-shop Content in any way that violates the law and/or the Contract or for purposes that violate the law and/or the Contract (including infringement of third-party property rights or use of unlawfully obtained or processed data). The user shall indemnify Volkswagen Anhui against any costs, expenses and liabilities incurred by Volkswagen Anhui as a result of the use in breach of law and/or contract. Volkswagen Anhui shall be entitled to delete illegal data or disable the use of the portal without notice.
The User is not authorized to reverse engineer the code of erWin Web-shop or the System, or to decompile, disassemble or take other measures with the same or similar effect, except as expressly permitted by (and only to the extent permitted by) applicable law, which shall not be affected by this limitation. User is not entitled to disclose the source code.
Volkswagen Anhui grants the user a simple right to use the information accessible in the erWin Web-shop. The right to use the information of Volkswagen Anhui purchased through the portal is for the user's own use only and may not be transferred to third parties.
§ 9 Privacy protection
The User agrees to provide the registration information to Volkswagen Anhui when registering on erWin Web-shop. In all cases, User's information shall be treated in accordance with the Privacy Policy. The Privacy Policy is part of GTB and is available on erWin Web-shop. Users are responsible for keeping their accounts and passwords secure.
§ 10 Place of delivery, applicable law and court of jurisdiction
Place of delivery for all obligations of contractual parties is Peoples Republic of China. The law of Peoples Republic of China applies exclusively to the contractual relationship and all associated legal relationships. The UN Convention on Contracts for the International Sale of Goods, as well the application of other laws, contracts etc. is excluded. The parties shall settle all disputes arising from or in connection with this GTB through friendly consultation. In case no settlement can be reached, all parties shall have the right to submit the dispute to China International Economic and Trade Arbitration Commission (“CIETAC”) for arbitration in accordance with Chinese Law and the CIETAC Rules in effect at the time of applying for arbitration. The place of arbitration shall be Beijing. The arbitral award is final and binding upon both parties. In the course of settling disputes, the GTB shall be continuously executed by all parties except for the part, which is under arbitration.
If the provisions of the GTB and contracts based on the provisions of the GTB are held to be invalid or unenforceable in whole or in part or subsequently lose their validity and viability, the validity of the contract and other provisions of the GTB shall not be affected.
§ 11 Changes to the GTB and services
The information on erWin Web-shop will be updated and/or revised periodically, and it is the user's responsibility to keep abreast of such updates and revisions in order to avoid any misuse or abuse of the information.
Volkswagen Anhui reserves the right to change the GTB at any time. Volkswagen Anhui will notify the user of such changes by e-mail or in writing. If the user does not object to the changes within six weeks after notification, the respective changes shall become part of the existing contract between the contractual parties. If the user objects to the changes in GTB within the permitted period, the contracting parties are entitled to terminate this contract immediately. Volkswagen Anhui reserves the right to update, change or suspend individual services. Volkswagen Anhui also reserves the right to completely stop providing individual services to the extent permitted by law.
PLEASE READ THESE GENERAL TERMS AND CONDITIONS OF BUSINESS (“GTB”) CAREFULLY BEFORE YOU REGISTER AND USE VEHICLE REPAIR TECHNICAL INFORMATION (“REPAIR MAINTENANCE INFORMATION SERVICE”) PROVIDED IN THE ERWIN WEB-SHOP. BY REGISTERING WITH THE ERWIN WEB-SHOP, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THESE GTB. IF YOU DO NOT AGREE TO THESE GTB, DO NOT REGISTER AND DO NOT USE THE REPAIR MAINTENANCE INFORMATION SERVICE.