Terms and Conditions

These Terms and Conditions apply to the:

• Purchase of Products and/or Services directly via TomTom and,

• Download of Apps via a TomTom Website and/or a Reseller

For the avoidance of doubt, these Terms and Conditions shall not apply to Products and/or Services licensed via the TomTom Developer Portal which are governed by the terms available at: https://developer.tomtom.com/terms-and-conditions.

You accept and agree to be bound by these Terms and Conditions (as updated from time to time), by: (i) placing any order for Products and/or Services; and/or, (ii) using or accessing such Products and/or Services.

TomTom may update these Terms and Conditions at any time without notice to you. You can find the most recent version on the TomTom Website, please check it regularly. If you do not agree to these Terms and Conditions (as updated from time to time), please stop using the TomTom Website, Products and/or Services.

The list of definitions used in these Terms and Conditions can be found at the end of this document.

2.1. How to place an order

2.1.1. You can place an order via a TomTom Website or an App. "Order" means the selection of a payable Products and/or Services offered by TomTom by selecting the "buy now", "ready to order", "place order" buttons or other similar confirmation of acceptance in the TomTom Website or App, or by providing any other similar indication of acceptance that are presented to you in the order process. To submit orders, you must provide the details of your preferred payment method, billing and shipping address (if applicable) and/or any other details necessary to complete the order. Payment methods accepted by TomTom are as described in the TomTom Website or App.

2.1.2. All orders are subject to acceptance by TomTom and are subject to stock availability. TomTom reserves the right to reject any orders in full or in part or to apply a maximum order amount.

2.1.3. When you download a TomTom App via a Reseller, additional terms and conditions from the Reseller may apply and these are between you and the Reseller. Be sure to read and accept such terms carefully before proceeding.

2.2. Prices and Payment

2.2.1. Products and/or Services are subject to payment except when it is indicated by TomTom that it is provided at no cost.

2.2.2. Prices indicated for Products and/or Services on the TomTom Websites and App are inclusive of VAT. Standard shipping costs and handling charges (if any) may differ depending on the Product and/or Service value. Subscription fees are payable in advance for each period. You are responsible for any local sales taxes, other taxes and government levies, if any, associated with the order.

2.2.3. Prices are subject to change at any time but will not affect orders for Products and/or Services made prior to the date of the change. If you do not agree with the price change, you have the right to reject the change by cancelling your Service and/or subscription, which will be effective at the next immediate billing period, as further set out in Section 6.2.

2.2.4. For Services or Apps provided at no cost, should a Service or App transition to a paid model in the future, TomTom will notify you accordingly. In such instances, you will have the option to either continue utilizing the Service or App for the associated fee or to discontinue your use of the Service or App as per Section 9 below.

2.3. Delivery and risk of loss

2.3.1. TomTom will aim to deliver the Product to you within the timeframe indicated to you in the order process. If multiple Products are ordered, TomTom reserves the right to deliver each Product separately. A Product will be delivered to your delivery address. The risk of loss or damage to a Product will pass to you the moment the Product is delivered to you at your delivery address. If you do not take delivery of the Product for any reason, TomTom reserves the right at its sole discretion to either cancel the order and refund you the paid amount for the Product (excluding shipping costs) or to charge you a reasonable cost of storing the Product until delivery can be made.

2.3.2. TomTom aims to make Services available within 24 hours upon the confirmation of your purchase or subscription. A Service will be downloadable or delivered and/or made available to you electronically. The risk of loss or damages to a Service will pass to you the moment the Service is made either available to you or delivered to you electronically.

2.3.3. If TomTom, by mistake, delivers and/or makes available a Product and/or Service to you, please contact TomTom in order to receive further return instructions.

3.1. For Products purchased via the TomTom Website, you have the right to cancel your purchase for any reason within fourteen (14) days from the date the Product is delivered to you. To cancel, please notify TomTom within fourteen (14) days of delivery by contacting us via https://help.tomtom.com/, where you will get an authorization number for your return and be required to fill out a withdrawal form.

3.2. The Product(s) must be returned in its original packaging and in undamaged condition. Please note that TomTom can reject returns for damaged or non-compliant Products. Additionally, you acknowledge that TomTom may charge you for any shipping costs associated with returning the Product.

3.3. TomTom will refund the purchase price and original shipping costs, except for any extra costs related to choosing a delivery method that is more expensive than the standard option, or if you ordered multiple Products and do not return all of them. Refunds will be made using the same payment method used for your initial purchase, unless you agree to a different method.

3.4. For Services or Apps obtained via a TomTom Website or a Reseller, you agree that the performance of the Services by TomTom will begin immediately—or as soon as possible—upon confirmation of your order by TomTom. Consequently, you waive your right to cancel within fourteen (14) days once the Services are already provided or the App is downloaded and associated terms accepted. You can still cancel your Service or Subscription upon expiration and/or before the start of the renewal term as further set out in Section 9.

You may be required to create a TomTom Account to (i) purchase or access the Products; and/or (ii) access the TomTom Content; and/or (iii) manage your User Content.

Please check the Terms of Use to learn about your rights and obligations by creating and accessing an Account.

The license granting you permission to access and utilize TomTom Products and/or Services, access and uploading User Content is governed by the Terms of Use. Please check them regularly to make sure you understand what your rights and obligations are for using and accessing TomTom Products and/or Services as well as uploading and/or accessing User Content.

6.1. Services or Apps may be provided in a single basis or a subscription basis.

6.2. Paid subscriptions are provided for the initial period as indicated in the TomTom Website or App. Once the subscription term ends, it will automatically renew for a duration equal to the initial term, and you agree that you are authorizing recurring payments for the amount listed on the TomTom Website or App to your chosen payment method, unless you decide to cancel your subscription as outlined in Section 9.2 below. Paid subscription fees are non-refundable except as required by applicable law or otherwise stated herein.

6.3. For certain Apps or Services, TomTom may offer you a subscription during a specific period without payment or at a reduced rate (a “Trial Period"). If you want to make use of the subscription during the Trial Period, TomTom will require you to provide your preferred payment method. By providing such details, you agree that you are authorizing recurring payments (for a period equal to the Trial Period) on the first day after Trial Period of your subscription has ended and until such subscription is terminated either by you or by TomTom. You will be informed in advance about the applicable payment, billing cycle and any other relevant detail for such paid subscription. If you do not want to roll in a paid subscription, please cancel your subscription as per Section 9.2. TomTom reserves the right to determine the eligibility and revoke or modify the Trial Period subscription terms at any time without prior notice and without liability to you or third-parties, to the extent permitted by the applicable law.

6.4. You can check the details of your subscriptions TomTom Account > my subscriptions by using your TomTom account email address and password. Click on account and then on “Subscriptions”. Subscriptions obtained via a Reseller must be canceled via the Reseller site.

7.1. Limited warranty

7.1.1. TomTom offers a limited warranty that the Product (obtained via a TomTom Website or via a Reseller) will be free from defects in workmanship and materials under normal use for a period of two (2) years from the date of delivery, except when a longer period is required by the applicable national law (“Warranty Period”). This limited warranty is not transferable.

7.1.2. During the Warranty Period, the non-conforming Product will be either repaired or replaced by TomTom free of charge. Additionally, TomTom will be responsible for the transport and/or shipping costs related to the repair or replacement. If the Product is repaired after the Warranty Period, TomTom may at its own discretion repair the Product and charge you for the cost of the repair and/or spare parts, which will be informed to you in advance. Please note that your rights under applicable law governing the sale of consumer goods remain unaffected by the warranty given in this Section 7.

7.2. What this limited warranty does not cover

7.2.1. This limited warranty does not cover damage caused by normal wear and tear or as a result of the product being opened or repaired by someone not authorized by TomTom, and does not cover damage caused by: misuse, moisture, liquids, proximity or exposure to heat and accident, abuse, non-compliance with the instructions supplied with the product, neglect or misapplication. In addition, the limited warranty does not cover physical damage to the surface of the product.

7.2.2. Furthermore, this limited warranty does not cover any services, user content or third-party material that may accompany or be installed on the product or obtained by you via free services, apps or the TomTom website.

7.2.3. TomTom does not provide any commercial or other warranties in respect of the products in addition to the limited warranty stated in these terms and conditions. This limited warranty is the only express warranty made to you and is provided in place of any other express warranties or similar obligations (if any) created by any advertising, documentation, packaging, or other communications.

7.3. How to make a warranty claim

In order to make a claim under the limited warranty, you must notify TomTom about the defect of the Product(s) and explain the defect to TomTom by contacting TomTom within the Warranty Period via https://help.tomtom.com/. TomTom will then provide an authorization number for the return of your order. The Product(s) must be returned to TomTom as soon as possible following your notification and explanation of the defect and upon TomTom providing the return authorization number to you. You must deliver the Product(s) to the address mentioned on the postal label provided to you by TomTom. You must comply with any other return procedures stipulated by TomTom, if any.

8.1. To the maximum extent permitted by applicable law, neither TomTom nor its Affiliates, officers, directors or employees shall be liable to you or to any third-party for any damages either direct, special, incidental, indirect or consequential damages (including but not limited to, damages for the inability to use or access the Products and/or Services, User Content, loss of data, loss of business, loss of profits, business interruption).

8.2. That said, if TomTom is found to be liable to you for any damage which is in any way connected with your (inability to) use and/or access of or otherwise the performance of a Products and/or Services, User Content, TomTom Content and/or any Third-Party Material, TomTom's liability shall (i) in the case of a paid Product and/or Service, be limited to the amount actually paid by you for the Product and/or Service concerned; and, (ii) in the case of free-of-charge Products and/or Services or TomTom Content, be limited to the amount of 50.00 Euros.

8.3. Notwithstanding any of the above or anything else contained in these Terms and Conditions, nothing shall exclude or limit either party's liability for: (i) death or personal injury resulting from that party's gross negligence; (ii) fraud or fraudulent misrepresentation; (iii) breach of statutory rights of consumers under applicable national laws implementing the Consumer Rights Directive or other EU consumer protection legislation; (iv) liability under the EU Product Liability Directive for defective products; or, (v) any other liability that cannot be excluded or limited by applicable law.

8.4. For more information on rights under the applicable mandatory national legislation, please contact your national Consumers Association or the relevant national authority.

9.1. You may cancel a Service at any time (either on a single or a subscription basis) with or without cause as described in this Section 9.

9.2. You can cancel your subscription at any time before the next billing cycle or the end of your current subscription or Trial Period, without needing to provide a reason. Once you cancel, you will receive a confirmation that your subscription has been cancelled but will still have access to the Service until the end of your current subscription period. Your subscription will officially end on the date it was set to automatically renew.

9.2.1. To cancel your subscriptions obtained via a TomTom Website, simply log into your Account, go to the “subscription section”, and select the subscription you wish to cancel. If you do not receive a cancellation confirmation, please contact TomTom Support at https://help.tomtom.com/. If you cancel a paid subscription and the App or Service provides a free version, you will still have access to that free version unless you uninstall the App from your device.

9.2.2. If you enrolled in your subscription via a Reseller, you must cancel your subscription via such Reseller and additional terms may apply in addition to the rights set forth in this Section 9.2.

9.3. For Services or Apps provided at no cost, TomTom retains the right to discontinue or modify the availability of such Services or Apps, at any time without any liability to you.

9.4. TomTom may also terminate or suspend your Subscription and/or Services with immediate effect if i) you are in breach of these Terms and Conditions, the Terms of Use and/or the Acceptable Use Policy and/or ii) TomTom fails to collect payment (when applicable) after two (2) attempts.

9.5. If you wish to terminate your TomTom account, please check the Terms of Use.

10.1. In this section, you, as a user of TomTom Products, Services, Apps, can find out how your personal information (e.g.: name, address, e-mail address, or phone number) is handled and processed by TomTom.

10.2. In order to deliver the Products and/or Services to you, TomTom needs to use personal information about you. TomTom adheres to European Union and other local privacy and data protection laws. Based on this, TomTom will only use your information for the purpose and duration for which it was obtained. You can find our applicable privacy statement on https://www.tomtom.com/privacy/.

10.3. TomTom holds data about you, generated through your use of TomTom Products and Services. TomTom complies with the EU Data Act and ensures your right to access your data and to have your data transferred to third parties.

Any provisions in these Terms and Conditions which by their nature extend beyond the termination or expiration of the sale of the Products and/or Services and/or the access and use of the TomTom Content, User Content and/or User Private Data will remain in effect after termination of these Terms and Conditions. This includes but is not limited to TomTom's license to use, upload, modify, distribute, sublicense, reverse engineer, decompile or disassemble and display your User Content in accordance with the Terms of Use.

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. In case of any such invalid provisions, TomTom will present 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.

Third-parties have no rights under applicable legislation 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.

Force majeure means circumstances that impede the fulfilment of TomTom's obligations under these Terms and Conditions which are not within TomTom's reasonable control, including late and/or delayed deliveries and incomplete deliveries by TomTom and temporary or partial unavailability to provide the Products and/or Services. 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 terminate the purchase of the Products and/or Services (including subscriptions) in writing and TomTom shall not have any liability to you other than a (pro-rated) refund of the fees paid for the Products and/or Services (including shipping costs, if applicable).

These Terms and Conditions (including any addendum or amendment to them which is included with the accompanying package of the Products and/or Services) are the entire agreement between you and TomTom relating to the purchase of such Products and/or Services and shall supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the Products and/or Services or any other subject matter covered by these Terms and Conditions.

If any provision of these Terms and Conditions is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect.

16.1. These Terms and Conditions and any dispute arising under or in connection with it, including any non-contractual claims and disputes, shall be governed by and construed in accordance with:

16.1.1. The laws of the Netherlands, if you reside in or outside the European Union, except when Section 16.1.2 applies. The parties hereby irrevocably submit to the exclusive jurisdiction of the courts of Amsterdam, the Netherlands in respect of any dispute arising under or in connection with these Terms and Conditions, including any non-contractual claims or disputes. This exclusive designation of applicable law and forum does not override the mandatory consumer protection laws of your country of residence if you made the purchase in such country and those rules provide greater protection than laws of the Netherlands.

16.1.2. The laws of the State of New York, if you reside in the United States. The parties hereby irrevocably submit to the exclusive jurisdiction of the courts of the city of New York, in respect of any dispute arising under or in connection with these Terms and Conditions, including any non-contractual claims or disputes.

16.2. You agree that the United Nations Convention on Contracts for the International Sale of Goods shall not govern nor apply to this Agreement. To the extent this Agreement is governed by the laws of any state of the United States, you agree that the Uniform Commercial Code and any equivalent thereof adopted by such state shall not govern nor apply to this Agreement.

Should you have any questions, suggestions or complaints concerning your order, your purchase, these Terms and Conditions, or if you desire to contact TomTom for any reason, please do so via https://help.tomtom.com/.

You can additionally contact TomTom as indicated here.

TomTom will process any complaints and will send you a reply as soon as reasonably possible.

• Affiliates: means in relation to TomTom, any other entity controlling, controlled by or under common control with TomTom. The terms “control”, “controlling” and “controlled”, as used in this definition, shall mean the legal or beneficial ownership, directly or indirectly, of more than 50% of the issued share capital or more than 50% of the voting rights, or the power, directly or indirectly, to appoint a majority of the members of the board of directors or similar governing body of such entity.

• Account: A TomTom account created via a TomTom Website.

• App(s): Any mobile application developed by TomTom.

• Intellectual Property: All inventions, patents, utility models, designs (both registered or unregistered and including rights relating to semi-conductor topographies), database rights, copyright and trade marks (both registered and unregistered), together with all rights to the grant of and applications for the same and including all similar or analogous rights and all other rights in the nature of intellectual and industrial property throughout the world and all future rights of such nature.

• Product(s): Any current or future hardware, items and accessories, including but not limited to all navigation devices made available to you via the TomTom Website.

• Product(s) and/or Service(s): Means together the Products, Services and/or Apps.

• Reseller: Any online or offline reseller selling Products, Services and Apps including but not limited to third party (car) dealers and third-party app stores.

• Services: Any paid or free-of-charge service provided by TomTom, by electronic means, either on subscription basis, continuous basis or single basis, including but not limited to:

  • Apps

  • TomTom Maps (either pre-installed or downloaded)

  • Safety camera information

  • Traffic information

  • Points of interest

  • Weather information

  • Fuel prices information

  • Voices
    
    

• Third Party Material: Content, software codes, data, information, functionality, other content and algorithms licensed or otherwise made available by others than TomTom.

• TomTom: Either TomTom North America Inc., if you reside in the US or Canada, or TomTom International B.V. if you reside elsewhere. Any reference to TomTom shall include TomTom’s Affiliates, except as specifically excluded.

• TomTom Content: All information, text, files, scripts, graphics, photos, sounds, music, videos, interactive features, functionalities or other similar materials, made available by TomTom.

• TomTom Maps: Any map which is distributed by TomTom, and which may include data subject to open source or open data licenses, including the ODbL or other share-alike licenses.

• TomTom Website: All websites made available by TomTom, including any platforms via which you will be able to receive Services, which may be accessible by you without prior registration or logging in, including, but not limited to:

  • TomTom — Maps and Location Technology

  • https://plan.tomtom.com/

  • TomTom Home

  • MyTomTom

  • TomTom MySports

  • TomTom discussion forum

  • and any other online TomTom official platforms
    
    

• User: Any user of the TomTom Website, Products and/or Services.

• User Content: any content other than User Personal Data, including but not limited to communications, materials, information, data, opinions, photos, profiles, messages, notes, website links, music, videos, designs, graphics, sounds, and any other content, that is created, uploaded, or shared by Users into the TomTom Website and Products and/or Services in accordance with these Terms and Conditions.

• User Personal Data: Any information of the User which permits to identify you as a natural person, including but not limited to names, email addresses, addresses, etc.