Effective as of 1st September, 2015
As used in this agreement ("Agreement"), the terms "you", "your" and "Subscriber" shall be deemed to refer to yourself, an individual, representing yourself or, if applicable, acting as a legal representative for a company or other legal entity having purchased or leased a Nissan vehicle equipped with the Nissan SmartCar services ("Vehicle"). Also, as used in this Agreement, the terms "we," "us," "our" and "Nissan" shall be deemed to refer to NISSAN Middle East FZE, a company incorporated and existing under the laws of UAE with company registration number 7139, and a corporation organized and existing under laws of UAE and having registered office at P.O. Box: 61111 Jebel Ali Free Zone, Dubai, UAE.
As described in this Agreement, your Vehicle is equipped with a Nissan SmartCar unit that includes a GPS tracker device. This device can be used to provide a wide range of services and information aimed at serving you and any other driver or passenger of your Vehicle and to facilitate collection of certain data to provide the Services (the "Nissan SmartCar Services"). Nissan SmartCar Services provides the capability for the Subscriber to access certain selected smartphone applications ("applications" or "apps") via integration with the Vehicle system. Using the Subscriber's smartphone for authentication and communications the user can interact with the smartphone apps via the native Vehicle systems. The Nissan SmartCar unit is not compatible with all smartphone technologies/vendors. Additionally, older smartphone devices may be not supported. For safety and regulatory reasons, some services may be deactivated while driving. We are not responsible for and do not provide any guarantee or warranty regarding compatibility that currently exists between your smartphone and Nissan SmartCar Services, and are not responsible for the lack of support or loss of services that may result.
The Nissan SmartCar Services package available is complimentary for up to three years on selected models and grades from the warranty start date; after this three-year complimentary period, the 'Connected' package is available for purchase at one-year term increments.
The Agreement describes the relationship between you and us regarding the use of the Nissan SmartCar Services. We work with many different companies to provide you with the Nissan SmartCar Services. In this Agreement, "Service Provider" means any person, company, subsidiaries or affiliates or entity who provides any service, equipment, or facilities in connection with Nissan SmartCar Services, including, but not limited to, wireless service providers, suppliers, licensors, distributors and dealers.
All content provided as part of the Nissan SmartCar Services will be provided by Service Providers. The Service Providers may impose further terms and conditions on providing such content and services. By using Nissan SmartCar Services, you also agree to be bound by those additional terms and conditions. Nissan makes no representations regarding the availability of any app or of the content you select when using the Nissan SmartCar Services and cannot be held responsible for app availability or the content provided to you.
PLEASE READ ALL PAGES OF THIS AGREEMENT COMPLETELY BEFORE USING ANY NISSAN SMARTCAR SERVICE AND KEEP A COPY FOR YOUR FILES. READ AND KEEP A COPY OF ANY ADDITIONAL NISSAN SMARTCAR DOCUMENTS GIVEN OR SENT TO YOU. ANY NISSAN SMARTCAR DOCUMENTS THAT SAY THEY BECOME PART OF YOUR NISSAN SMARTCAR AGREEMENT ARE PART OF THIS AGREEMENT IF YOU ACCEPT ANY OF THE SERVICES THEY DESCRIBE.
Your Consent. By entering into this Agreement and/or using the Nissan SmartCar Service, you agree to the practices and procedures described in this Agreement.
Activation of the Nissan SmartCar Services and your consent. You can only get and use the Nissan SmartCar Services by accepting this Agreement, either by executing this Agreement prior to or at the delivery of the Vehicle at the dealership or by accepting its terms on-line on the Nissan SmartCar App. ("Application") afterwards by clicking "I agree" during the service subscription process.
By executing the Agreement, you acknowledge that you have read, accepted and agreed to be bound by the terms and conditions of this Agreement (and in particular that you consent to the collection and processing of your personal data by us in accordance with the provisions of this Agreement).
You understand and agree that the subscription to the Nissan SmartCar Services is attached to your Vehicle and you cannot transfer the Nissan SmartCar Services to another vehicle. Should you choose not to subscribe to the Nissan SmartCar Services, you will not be able to benefit from the Nissan SmartCar Services. It is your responsibility to inform all Vehicle drivers and passengers who wish to use the Nissan SmartCar Services regarding the terms and conditions of this Agreement, including the aspects related to data privacy.
Modification of the Agreement. We may modify the Agreement at any time and from time to time in our sole discretion. Any changes will be posted on the Application (or, where appropriate, notified to you by e-mail) and will take effect as of the date on which they are posted. Your continued use of the Nissan SmartCar Services shall constitute your acceptance of such revised terms of the Agreement.
If any such change materially affects your rights under this Agreement, or negatively impacts your service in a material way, or results in higher Subscription Fees, we will provide you with notice of such change in writing by e-mail or through an application notification. AFTER RECEVING THE SAID NOTICE, YOU MAY TERMINATE THE AGREEMENT OR AGREE TO THE CHANGE. IF YOU DO NOT TERMINATE YOUR AGREEMENT WITHIN 30 DAYS OF THE NOTICE, YOU WILL BE DEEMED TO AGREE TO THE CHANGE AND IT SHALL BECOME PART OF THE AGREEMENT BETWEEN US.
Updating or Changing Subscriber Account Information. You can review, modify, correct, or update your information you provided to us on the Application at any time by updating this information directly on the Application.
Duration. Your Nissan SmartCar Services start as soon as you have accepted the terms of the Agreement by accepting its terms on-line as set out above and successfully completed the activation process.
Your 'Connected' package of the Nissan SmartCar Services will remain in force for an initial term of up to three years as of the warranty start date of the Vehicle. This means that the duration of this initial term is independent from the date of the date of activation of the Nissan SmartCar Services. This initial term for the 'Nissan SmartCar' package is herein referred to as the "Initial Service Period(s)".
The Initial Service Period is delivered free of charge for a newly purchased Vehicle from the selected models list that is equipped and eligible for Nissan SmartCar.
If you are the second or subsequent owner of the Vehicle then the 'Nissan SmartCar Services' package is available until the end of the complimentary Initial Service Period for such 'Connected' package. If the Nissan SmartCar Services have not been activated by the first owner, you are not entitled to the Initial Service Period.
Approximately 30 days before the expiry of the Initial Service Period for the 'Nissan SmartCar' package, you will be notified by e-mail or through the application notifications and you will be given the opportunity to renew your subscription on-line via the Application under the terms and conditions then in force. In case you decide to renew your subscription, or in case you are not the first owner of the Vehicle and you are activating the Nissan SmartCar Services for the first time, you will be asked to submit an on-line form of payment and pay the subscription fee at the rate then in force ("Subscription Fee").
You will also be given the opportunity to choose an automatic renewal at the time of your first renewal. ONCE YOU HAVE VALIDATED THE RENEWAL OF YOUR SUBSCRIPTION FOR A ONE-YEAR PERIOD AND IF YOU CHOOSE THE AUTOMATIC RENEWAL OPTION, YOUR NISSAN SMARTCAR SERVICES WILL AUTOMATICALLY RENEW, AS OF THE EXPIRY DATE OF THE INITIAL SERVICE PERIOD OR EACH RENEWAL, FOR SUCCESSIVE ONE-YEAR RENEWAL PERIODS ("Renewal Service Period(s)") UNLESS AND UNTIL THE NISSAN SMARTCAR SERVICES ARE TERMINATED BY YOU OR US AS ALLOWED IN THIS AGREEMENT.
Each year, approximately 30 days before the expiry of each Renewal Service Period, you will be notified by e-mail through the application and you will be given the opportunity to renew your subscription on-line via the Application. In addition, every time you decide to renew the relevant Nissan SmartCar Services packages, your payment account will be automatically charged in consideration of the Nissan SmartCar Services during the Renewal Service Period. By not renewing the Nissan SmartCar services, your subscription will be automatically cancelled at the expiration day.
Your Termination Rights. You can terminate your Nissan SmartCar Services online via the Application or at any time by contacting us. If you terminate the Nissan SmartCar Services before the end of the Initial Service Period or Renewal Service Period as the case may be, you will not be reimbursed, and in case you choose to re-activate the Nissan SmartCar Services later, you will be charged the full price corresponding to a full Renewal Service Period.
We may terminate your Nissan SmartCar Services at any time and without cause, in which case we will give you notice 30 days prior to the effective date of termination after which your Nissan SmartCar Services will end. This means that we can decide to cease providing the Nissan SmartCar Services to you at any time and for any reason, even for reasons unrelated to you or your account with us. In case we decide to terminate the Nissan SmartCar Services in the event of termination of any agreement between us and any Service Provider on which we are dependent to provide the Nissan SmartCar Services, we will use our best endeavours to give you the 30-day notice mentioned above.
Also, we may terminate your Nissan SmartCar Services without prior notice to you for any good cause. This means, for example, we can terminate your Nissan SmartCar Services immediately if you breach any part of this Agreement, if you interfere with our efforts to provide the Nissan SmartCar Services, if you interfere with our business, or if your Nissan SmartCar Services is used for illegal or improper purposes. You do not have any right to have Nissan SmartCar Services reactivated, even if you cure any of these problems. We can also suspend your Nissan SmartCar Services for network or system maintenance or improvement, or if there is network congestion, or if we suspect your Nissan SmartCar Services are being used for any purpose that would allow us to terminate it. In such events, we will not reimburse any amounts you have paid in advance for the Nissan SmartCar Services.
We also reserve the right, at our sole discretion, to stop offering the Nissan SmartCar Services and not to accept the renewal of your Nissan SmartCar Services without incurring any liability whatsoever.
Notification to us
If you sell your Vehicle or end its lease or if your Vehicle is scrapped or destroyed while you own or hold it prior to the expiration of the Initial Service Period, we ask you to notify us by contacting Nissan Customer Service or by removing directly the Vehicle from your account on the Application.
If you sell or transfer your Vehicle and fail to notify us, we will have no way of knowing that the Vehicle is sold and may continue to collect data in the belief that it is data concerning you. In addition, you will remain responsible for any liability incurred under this Agreement based on the use or misuse of the Nissan SmartCar Services. We are not responsible for any privacy-related damages you may suffer if you fail to notify us of your end of lease or sale of your Vehicle. Whether or not you notify us of your end of lease or sale of your Vehicle, you agree that you shall not, nor attempt to, access or use the Nissan SmartCar Services or any of the data relating to your Vehicle following the sale, transfer or end of lease of your Vehicle.
You understand and agree that in case you do not notify us, and in case the subsequent owner of the Vehicle subscribes to the Nissan SmartCar Services related to the Vehicle, the new owner's profile will overwrite your profile and your Nissan SmartCar Services subscription will automatically end.
You cannot transfer your Nissan SmartCar Services to another vehicle. The Nissan Connect Services remain attached to the Vehicle (similar to the warranty). If you sell your Vehicle (or returned it at the end of a lease) without having cancelled your subscription, this subscription will be automatically transferred to the new owner as long as the new owner proves the ownership by calling Nissan Customer Service or by registering the Vehicle on the Application.
Termination of your Nissan SmartCar Services
If you sell your Vehicle or end its lease, you have the opportunity to terminate this Agreement regarding your Nissan SmartCar Services before removing it from your account on the Application but you do not need to do so.
If you do not terminate the Agreement, the subsequent owner of the Vehicle may benefit from the Nissan SmartCar Services for free during the rest of the Initial Services Period or Renewal Service Period. By terminating this Agreement in the course of the Initial Service Period or any Renewal Service Period, the subsequent owner will not leverage the potential remaining period of your Nissan SmartCar Services. We do not recommend such action as it will decrease the attractiveness of your Vehicle.
However, if you sell your Vehicle or end its lease, you undertake to remove the Vehicle from your account as soon as possible on the Application in order to allow the activation of the Vehicles under a new account. If we are otherwise appropriately informed that you have sold your Vehicle and ended your lease, we reserve the right to deregister the Vehicle from your account and allow the new owner or lessee to register the Vehicle on his/her account.
If you sell or transfer your Vehicle and fail to remove the Vehicle from your account, Nissan may continue to collect data in the belief that it is data concerning you. In addition, you will remain responsible for any liability incurred under this Agreement on the use or misuse of Nissan SmartCar. Nissan is not responsible for any privacy-related damages you may suffer if you fail to remove the Vehicle from your account. If you are no longer the owner or the authorized user of the Vehicle you agree that you shall not, nor attempt to, access or use the Nissan SmartCar Services in relation to such Vehicle or any data relating to the Vehicle.
The Nissan SmartCar Services are free of charge during the relevant Initial Service Period of the 'Nissan SmartCar' package. After its Initial Service Period, the 'Nissan SmartCar' package will require a valid subscription to the 'Nissan SmartCar' package; therefore, if the three-year complimentary period of the 'Nissan SmartCar' package is over or within 30 days of being over, then subscribers must pay for the package in order to receive the 'Nissan SmartCar' Services.
If you choose not to renew your subscription to the Nissan SmartCar Services prior to the end of the Initial Service Period of the relevant package, your Nissan SmartCar Services will automatically end at the end of the applicable Initial Service Period. If you choose to renew your subscription according to the process described above, you agree to be charged at the then current yearly subscription fee ("Subscription Fee") in consideration of the provision of the Nissan SmartCar Services to your Vehicle during the Renewal Service Period. At the time of the first renewal, you will have the opportunity to set an automatic renewal mechanism for the next Renewal Service Period. In such case, you understand and agree that at the end of the Renewal Service Period, your subscription to the Nissan SmartCar Services will be automatically renewed until you express your willingness to terminate the automatic subscription mechanism or terminate the subscription itself in accordance with this Agreement.
If you are not the first owner of the Vehicle and if the Nissan SmartCar Services had not been activated by the former owner, or if the first owner has terminated his/her subscription agreement, you will have to pay the Subscription Fee at the rate then in force to benefit from the Nissan SmartCar Services.
You understand and agree that the subscription to the Nissan SmartCar Services is attached to your Vehicle and you cannot transfer the Nissan SmartCar Services to another vehicle. If you do not own or use your Vehicle during a given Initial or Renewal Service Period, we will not reimburse any part of your Subscription Fee.
You understand and agree that the subscription to the Nissan SmartCar Services is attached to your Vehicle and you cannot transfer the Nissan SmartCar Services to another vehicle. If you do not own or use your Vehicle during a given Initial or Renewal Service Period, we will not reimburse any part of your Subscription Fee.
If you purchase or lease a previously owned or leased Vehicle and the former owner's or lessee's subscription is still active and within any valid Initial or Renewal Service Period, you should register as the new owner. If you desire to use the Nissan SmartCar Services you should subscribe and activate the Nissan SmartCar Services online via the Application during the Initial Service Period or the Renewal Service Period, as applicable.
You understand and agree that your access to some services among the Nissan SmartCar Services requires your use of your smartphone, and that such services may require the use of your mobile telephone subscription and data plan with your mobile phone operator and consequently generate additional costs, as further explained in section 7.2 below. We do not guarantee or warrant the compatibility of your smartphone with Nissan SmartCar Services, and are not responsible for lack of support or loss of services as a result.
The Nissan SmartCar Services are attached to the Vehicle. Once you have paid the Subscription Fee, you cannot be reimbursed for any reason whatsoever.
General. Nissan respects and upholds your rights under applicable law. This privacy collection statement describes how we manage any personal information we may collect from you.
Use of personal data. We will collect and use certain data in connection with your use of the Nissan SmartCar Services. We will use such data to provide and improve the Nissan SmartCar Services and on serving you and other occupants of your Vehicle. The data we collect might include personal data. By subscribing to and/or using Nissan SmartCar services, you also consent to the collection and use of personal data by us for the purposes set out in this Agreement. We will respect your privacy and that of other occupants of the Vehicle.
Categories of personal information we collect. The types of personal information we collect depend on the Vehicle, its specification and the Nissan SmartCar Services you have subscribed to and your use of the Nissan SmartCar Services. We collect the data you provide in connection with your Nissan SmartCar subscription (such as contact details of the primary driver or car owner; subscription data and contract information). We may (as applicable) also collect data related to the Vehicle, your use of the Nissan SmartCar Services and data to provide such services including the Vehicle's identification number, description, location and service data. We further collect billing, payment and claims management data related to the Nissan SmartCar Services. If you do not provide this information to us, we may not be able to provide some or all of the Nissan SmartCar Services.
Purposes of processing of personal data. We will use the personal data we collect to provide the Nissan SmartCar Services to you and to enable Nissan and Nissan's dealerships to enhance their services and their communications with their customers. This includes, among others, the provision of product information to you, answering questions or addressing your complaints, informing you about terms and offerings in connection with the Nissan SmartCar Services, including special discounts or added services or functions or enhancing and personalizing the communications between you and us and the Nissan dealerships, and managing your subscription to the Nissan SmartCar Services and your subscription account.
We may also use data for evaluation and statistical purposes, market research and for other research and development purposes and in order to improve the Nissan SmartCar Services and our products in general and/or to customize the Nissan SmartCar Services for individual Subscribers or groups of Subscribers. We may also use the data in order to detect or prevent the abuse of the Nissan SmartCar Services by you or any other occupant of the Vehicle.
We may (as applicable) process location data of a Subscriber's Vehicle or other location information (depending on vehicle features) (i) to the extent necessary to provide Nissan SmartCar Services that are based on the location of the Vehicle; (ii) if we are required to do so by applicable laws, rules and regulations and/or by binding or enforceable orders of public authorities or competent courts; (iii) in connection with our attempts to communicate with the Vehicle purchaser or recover the Vehicle pursuant to agreements governing the lease or financing of such Vehicle.
WE DO NOT SELL, RENT OR TRADE SUBSCRIBER INFORMATION OUTSIDE OF NISSAN GROUP, NISSAN DEALERSHIPS, OR OUR SERVICE PROVIDERS EXCEPT WITH YOUR CONSENT.
Use of data for promotional purposes. We will only contact you with promotional email, mail or telephone communications to the extent permitted by the applicable law or if you have given your prior consent.
When we ask you for your consent to use certain information other choices about how the information may be used will be explained. If you have withdrawn your consent to receive promotional emails or telephone calls from us, we will implement such request as soon as commercially reasonably possible after we have received the request.
Even if you do not wish to receive promotional communications from us, we may still communicate with you via telephone (including wireless and SMS), mail, and electronic mail as necessary to provide the Nissan SmartCar Services to you and/or maintain your subscription account.
Disclosure of personal Information. We work with many different companies to provide you with the Nissan SmartCar Services.
We may disclose your personal information outside of Nissan with others such as Service Providers only to provide services for us and other specific Service Providers for the purpose of delivering the Nissan SmartCar Services requested by the Subscriber or other occupants in the Subscriber's Vehicle or to facilitate communication with the Vehicle purchaser. For other purposes, we may provide aggregate statistics about Subscribers and related Nissan SmartCar Services information to third parties, but these statistics will not include any personal identifying information. When required, we may be compelled to release personal information to comply with the applicable law or binding or enforceable orders of public authorities or courts, or to enforce or apply the terms of this Agreement.
Transfer of data outside the Gulf Cooperation council (GCC) Countries. Depending on the vehicle specification, the Nissan SmartCar Service subscribed by you and the location where the Vehicle is used some personal information collected in connection with the operation and use of the Nissan SmartCar Services may be processed or transferred to a third country outside the GCC. The data protection laws of any such third country might not offer the same level of data protection as in the GCC Area. However, in case such transfer occurs, we will take adequate measures to ensure that the personal data that is collected is processed in accordance with the applicable legislation relating to data protection. Personal data collected and processed by us may also be processed by Service Providers outside of the GCC that will only process any such data in in accordance with our instructions and for the purposes described above.
Security. We will maintain appropriate technical, physical and administrative data security measures in order to protect any personal data under our control from loss, misuse and alteration. For example, depending upon the applications, we employ the use of encryption technologies and user authentication systems such as passwords and personal identification numbers. All information is stored under commercially reasonable secure measures with access limited only to authorized employees or representatives of Nissan and Nissan partners. We use industry standard practices to protect the privacy of Subscriber information.
Please note that the transmission of information via the internet and other third party communications networks might not be completely secure. Although we will do our best to protect the personal data, we cannot guarantee the security of the data and in particular we cannot promise or guarantee that your communications will not be intercepted by others. In providing some Nissan SmartCar services to Subscribers, voice and data are transmitted between Nissan response centers and Subscriber Vehicles over mobile telephone networks. These networks are complex and not necessarily secure. Therefore, the privacy and security of data transmitted to and from the Vehicle cannot be guaranteed.
You agree that we will not be liable for any damages for any loss of privacy occurring in communication over such networks. If you do not notify us of a sale or transfer of your Vehicle, we may continue to send certain subscriber information or other information about your account to the address currently on file with us. In such case, we are not responsible for any privacy related damages you may suffer.
Storage period. We will retain all personal information only as long as necessary for the fulfilment of the above purposes or for a period of time necessary to comply with applicable law, any applicable statute of limitation, or the terms of this Agreement. After such time the personal information will be deleted, blocked or made anonymous in accordance with the applicable law.
Right of access and correction. You can access, correct, modify, delete and/or block personal data in accordance with local data protection legislation. To exercise these rights, you can edit your account on the Application or contact the local contact centre of Nissan.
Territorial Availability. Your Nissan SmartCar Services are accessible only in vehicles sold by the Authorised Dealership in your country.
Technology Ownership. Nissan and its Service Providers are and shall at all times be the owner of all right, title and interest in and to (i) any and all hardware, software and related technology, used as a part of or in conjunction with the Nissan SmartCar Services, and (ii) all intellectual and other proprietary rights, including without limitation all patent, copyright, trademark and trade secret rights contained therein. It is prohibited to, and you agree that you shall not, copy, decompile, disassemble, reverse engineer, make derivative works of or manipulate any technology or data or content stored or incorporated in any equipment used to receive or operate the Nissan SmartCar Services (collectively, "Equipment Technology"), or otherwise modify or tamper with, any such equipment. You also agree not to upload, post, transmit or otherwise make available any material that contains software viruses or any other computer code, files, or programs designed to interrupt, disable or limit the functionality of the Nissan SmartCar Services. Any and all software contained in your Vehicle is licensed solely for use in conjunction with the Nissan SmartCar Services. Furthermore, any and all data and other content of the Nissan SmartCar Services are protected by copyright and other intellectual property laws and all ownership rights remain with Nissan and its Service Providers. You may use the Equipment Technology only for your personal, non-commercial use in connection with the Nissan SmartCar Services.
Trademarks. Nissan SmartCar and the Nissan logo are trademarks of Nissan Motor Co., Ltd. Other trademarks, service marks, graphics, logos and domain names appearing as part of the or on any related Applications may be the trademarks of third parties. Neither your access to and use of the Nissan SmartCar Services or such Applications nor this Agreement grant you any right, title or interest or license to reproduce or otherwise use the trademarks or any third party trademarks, graphics, logos or domain names. Any goodwill in the trademarks generated as a result of your use of the Nissan SmartCar Services will inure to our benefit.
Global Positioning System. Your Nissan SmartCar Services work using wireless communication networks and the Global Positioning System ("GPS") satellite network. NOT ALL NISSAN SMARTCAR SERVICES ARE AVAILABLE EVERYWHERE, PARTICULARLY IN REMOTE OR ENCLOSED AREAS, OR ON ALL CARS, AT ALL TIMES. The area that you are driving in may affect the service that we can provide to you, including but not limited to routing service. Additionally, services are not available if the GPS system is not working. Certain programming limitations of the GPS system may impair our ability to determine your Vehicle's precise location.
Maintaining Your Account. Your receipt of the Nissan SmartCar Services is dependent upon your activation of the Nissan SmartCar Services as described above. You are responsible for maintaining a valid form of payment for the Nissan SmartCar Services package after the expiration of any Initial Service Period or Renewal Service Period. For any additional information related to account management, please refer to the Application.
Passwords/User ID. You promise to be fully responsible for the protection of your password and user ID (provided at the dealership during the delivery or otherwise made available to you in accordance with the activation process). Anyone who has your password or user ID may be able to access the Nissan SmartCar Services and neither we nor any Service Provider has any obligation to inquire about the authority of anyone using your password and user ID or other information that can be used to identify your account to request services for your Vehicle.
roper Use of the Services. You promise not to use any Nissan SmartCar Service for any fraudulent, unlawful, or abusive purpose, or in any way that interferes with our provision of services to our other customers. You promise you will not abuse or do anything to damage our business operations, services, reputation, employees, facilities, or those of the Service Providers. If you do any of these things, you agree you will be responsible for any amount anyone else claims from us, plus any expenses, resulting in whole or in part from that use or your actions.
You cannot resell, copy, store, reproduce, distribute, modify, display, publish, perform, transmit, broadcast, or create derivative works from any content you receive through Nissan SmartCar Services and you cannot use any content you receive through the Nissan SmartCar Services for commercial purposes.
Safeguarding and Use of Others' Information. Certain information you receive through your Nissan SmartCar Services belongs to us, the Service Providers or other third parties who provide it through us. It may be covered by one or more copyrights, trademarks, service marks, patents, or other legal protections. You promise not to use any content you receive through Nissan SmartCar Services except as expressly authorized by us or our Service Provider. You cannot resell any of it or use it for commercial purposes. You cannot copy, store, reproduce, distribute, modify, display, publish, perform, transmit, broadcast, or create derivative works from any of it.
Other Users or Occupants of your Vehicle. YOU ARE SOLELY RESPONSIBLE FOR ANY USE OF NISSAN SMARTCAR SERVICES IN YOUR VEHICLE, EVEN IF YOU ARE NOT THE ONE USING IT, AND EVEN IF YOU LATER CLAIM THE USE WAS NOT AUTHORIZED. YOU ARE ALSO SOLELY RESPONSIBLE FOR THE SERVICES REQUESTED BY YOU, OR BY ANYONE USING YOUR VEHICLE, THROUGH NISSAN SMARTCAR SERVICES. You promise to educate and inform all users and occupants of your Vehicle about the Nissan SmartCar Services and system features and limitations, the terms of the Agreement. Neither any Service Provider nor we have any obligation to inquire about the authority of anyone using your Vehicle. If you or a driver of your Vehicle uses the Nissan SmartCar Services to commit a crime or for another improper purpose, you will be responsible for any damages owed by us as a result of such use.
Software, Hardware and Equipment Updates. The Nissan SmartCar Services involve software (including Vehicle software) that we may need or want to change from time to time. We may do this remotely without notifying you first. Such changes may affect or erase data you have stored on the Nissan SmartCar Services system in your Vehicle. We are not responsible for lost data. You do not own the Nissan SmartCar Services software or acquire any rights to use or modify the Nissan SmartCar Services software on your own. Your Vehicle's systems also involve software that we may need to change from time to time. You agree that we may assist the Service Providers to do this remotely.
Smartphone Connectivity and Roaming. Part of Nissan SmartCar Services use your smartphone data plan to establish a connection with our content providers. Each time, you will pair your supported Smartphone with your Vehicle, the Nissan SmartCar Services system may use your smartphone data plan without prior notice depending on the settings of the Nissan SmartCar unit and your smartphone. If you do not have an unlimited data plan with your mobile telephone network carrier, it is your responsibility to control the usage of those services and the fees incurred by such usage. You are solely responsible for complying with, and abiding by the agreement you have with your mobile telephone network carrier. Additionally, in case you exit your service area or you otherwise connect to third party mobile telephone networks, without any actions (e.g. disable roaming of your smartphone) the Nissan SmartCar Services may continue to operate and you may have to pay additional roaming fees depending on your network carrier and your data plan.
Technology and Communications. The Nissan SmartCar Services cannot work unless your Vehicle is in a place where your network carrier has coverage. The Nissan SmartCar Services that involve location information about your Vehicle cannot work unless GPS satellite signals are unobstructed, available in that place and compatible with the Nissan SmartCar Services hardware as well.
Telecommunications/GPS Changes. The Nissan SmartCar Services system uses digital wireless telecommunications technology and GPS technology that are outside of our control. Telecommunications technologies have been known to change over time, resulting in the obsolescence of certain telecommunications networks. If the telecommunications technology or GPS technology used by your Nissan SmartCar Services system changes in a way that results in incompatibility of those technologies with your Nissan SmartCar Services system, then your system will not work and we may be forced to terminate your Nissan SmartCar Services. If that happens, we will notify you of the effective date of termination and describe each of our rights and obligations. We are not responsible for and do not provide any guarantee or warranty regarding the telecommunications technology and GPS used to support Nissan SmartCar Services. We are not responsible for any modifications made by those who provide these technologies, and any loss of service resulting from it.
Content Providers. Certain Service Providers impose further terms and conditions on providing services (for example, the end user terms covering navigation and location data). By using Nissan SmartCar Services, you also agree to be bound by those additional terms and conditions. Nissan makes no representations regarding the availability of any applications or of the content you select when using the Nissan SmartCar Services and cannot be held responsible for application availability or the content provided to you.
Maps and Navigation. The routing data that we provide to you is based on the most current map information available to us, but may be inaccurate or incomplete. For example, our routing data may not include information about one-way roads, turn restrictions, construction projects, seasonal roads, detours or new roads. It may suggest using a road that is now closed for construction or a turn that is prohibited by signs at the intersection. In addition, traffic, weather and other events may cause road conditions to differ from the results generated. Therefore, you should always use good judgment, obey traffic and roadway laws and instructions and evaluate whether it is safe and legal based on current traffic, weather and other conditions to follow the directions provided by the Nissan SmartCar Services or your Vehicle's navigation system. Nissan makes no representations regarding the completeness or accuracy of the map information provided to you other than it is based on the most current map information available to us when you subscribe to the Nissan SmartCar Services. Nissan will not be held responsible for any inaccuracies or incompleteness of the map data provided to you.
Geography and Environment. There are other circumstances that we do not and cannot control that may prevent us from providing Nissan SmartCar Services to you at any particular time or place, or that may impair the quality of the Nissan SmartCar Services. Some examples are hills, tall buildings, tunnels, weather, electrical system design and architecture of your Vehicle, damage to important parts of your Vehicle in an accident, or wireless phone network congestion. Nissan will not be responsible or liable for any inability to use the Nissan SmartCar Services due to any of the above circumstances.
Outside Our Control. We are not responsible for any delay or failure in performance if such failure or delay could not have been prevented by reasonable precautions. Additionally, we are not responsible if such failure or delay is caused by acts of nature, or forces or causes beyond our reasonable control. Examples include public utility electrical failure, acts of war, government actions, terrorism, civil disturbances, labor shortages or difficulties (regardless of cause), or equipment failures including Internet, computer, telecommunication or other equipment failures.
Available Information. The Nissan SmartCar Services may be limited to certain geographic areas where map data and/or content providers are available in those areas, which may be less than that which is otherwise generally available.
No Warranties. Warranties are special kinds of promises. Your Vehicle's limited warranty or hardware maker's limited warranty (if applicable) includes the Nissan SmartCar Services equipment in your Vehicle, BUT DOES NOT COVER THE NISSAN SMARTCAR SERVICES OR THE WIRELESS SERVICE. In addition, we cannot promise uninterrupted or problem-free service, and cannot promise that the data or information provided to you will be error-free. ALL DATA AND INFORMATION IS PROVIDED TO YOU ON AN "AS IS" BASIS. NEITHER WE, NOR ANY THIRD PARTY BENEFICIARY, MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, ABOUT NISSAN SMARTCAR SERVICES OR ABOUT ANY DATA OR INFORMATION OR SERVICES PROVIDED THROUGH IT. THIS MEANS, AMONG OTHER THINGS, TO THE EXTENT PERMITTED BY LAW NO WARRANTIES OF CONTENT, QUALITY, ACCURACY, TIMELINESS, COMPLETENESS, CORRECTNESS, RELIABILITY, NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. TO THE EXTENT PERMITTED BY LAW ALL SUCH WARRANTIES ARE EXPRESSLY EXCLUDED BY THIS AGREEMENT.
Liability. Nothing in this Agreement shall limit or exclude our liability for (i) death or personal injury resulting from our negligence or intent; (ii) gross negligence, intent, fraud or fraudulent misrepresentation; and (iii) any other liability that cannot be excluded or limited by any applicable law, including any mandatory product liability law. Subject to the foregoing, we are not liable to you for any losses, damages, liabilities, claims and expenses (including but not limited to legal costs and defence or settlement costs) whatsoever, whether direct, indirect or consequential, arising out of or referable to the provision or use of Nissan SmartCar Services, however caused, whether in contract, tort (including negligence), statute or otherwise. We will not be liable to you for any loss or damage (even if foreseeable) arising under or in connection with use of, or inability to use, the Nissan SmartCar Services or, use of or reliance on the Nissan SmartCar Services.
We will not be liable to you or anyone else for any loss resulting from a cause over which we do not have control. This includes failure of electronic or mechanical equipment or communications lines (including telephone, cable and internet), unauthorised access, viruses, theft, operator errors, severe or extraordinary weather (including flood, earthquake, or other act of God), fire, war, insurrection, terrorist act, riot, labour dispute or other labour problems, accident, emergency or action of government. We will not be liable to you or anyone else for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your smartphone, computer equipment, computer programs, data or other proprietary material due to your use of the Nissan SmartCar Services or our Application, or on any Application linked to it.
Applicable Law. To the fullest extent permitted by law, and except as explicitly provided otherwise, this Agreement and any disputes arising out of or relating to it will be governed by the English Law without regard to its conflict of law principles, and by any applicable tariffs, wherever filed. You and we agree that any disputes arising out of or in connection with this Agreement or your use of Nissan SmartCar Services shall be subject to the exclusive jurisdiction of the courts of the United Kingdom.