Terms and Conditions for NissanConnect Services
Effective as of 15th January, 2014
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 NissanConnect services (“Vehicle”). Also, as used in this Agreement, the terms "we," "us," "our" and "Nissan" shall be deemed to refer to NISSAN INTERNATIONAL SA, a company incorporated and existing under the laws of Switzerland with company registration number CH-550-1047524-0, and registered office at Zone d’Activités La Pièce 12, 1180 Rolle, Switzerland. In addition, the following persons and entities are intended third party beneficiaries of this Agreement: (i) Nissan International SA’s affiliates, parent company, successors and assigns; (ii) service providers and their affiliates, successors and assigns; (iii) and any employees, directors, officers, subcontractors, representatives and agents of any of the foregoing.
Our mailing address is Nissan International SA, A-one Business Center ZA La Pièce – Batiment B2, Route de l’Etraz 1180 Rolle, Switzerland. Certain NissanConnect services and other information referenced in this Agreement are available online at http://hr.nissanconnect.eu/en-gb/terms.
As described in this Agreement, your Vehicle is equipped with a NissanConnect unit that includes a smartphone communication interface. This interface 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 “NissanConnect Services”). NissanConnect 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 NissanConnect 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. For more information about the Smartphone compatibility matrix, please refer to the Website at http://hr.nissanconnect.eu/en-gb/support. We are not responsible for and do not provide any guarantee or warranty regarding compatibility that currently exists between your smartphone and NissanConnect Services, and are not responsible for the lack of support or loss of services that may result.
There will be two NissanConnect Services packages available: ‘Connected’ and ‘Connected Plus’. The ‘Connected’ package is complimentary for two years from the warranty start date; after this two-year complimentary period, the ‘Connected’ package is available for purchase at one-year term increments. Nissan intends to offer in the future (but shall be under no obligation to do so) a ‘Connected Plus’ package with additional apps.
The Agreement describes the relationship between you and us regarding the use of the NissanConnect Services.
We work with many different companies to provide you with the NissanConnect 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 NissanConnect Services, including, but not limited to, wireless service providers, suppliers, licensors, distributors and dealers.
All content provided as part of the NissanConnect Services will be provided by Service Providers. The Service Providers may impose further terms and conditions on providing such content and services. By using NissanConnect 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 NissanConnect 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 NISSANCONNECT SERVICE AND KEEP A COPY FOR YOUR FILES. READ AND KEEP A COPY OF ANY ADDITIONAL NISSANCONNECT DOCUMENTS GIVEN OR SENT TO YOU. ANY NISSANCONNECT DOCUMENTS THAT SAY THEY BECOME PART OF YOUR NISSANCONNECT AGREEMENT ARE PART OF THIS AGREEMENT IF YOU ACCEPT ANY OF THE SERVICES THEY DESCRIBE.
1. NISSANCONNECT SERVICES SUBSCRIPTION PROCESS
1.1. Your Consent. By entering into this Agreement and/or using the NissanConnect Service, you agree to the practices and procedures described in this Agreement.
1.2. Activation of the NissanConnect Services and your consent. You can only get and use the NissanConnect 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 NissanConnect website (“Website”) 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 NissanConnect Services is attached to your Vehicle and you cannot transfer the NissanConnect Services to another vehicle.
Should you choose not to subscribe to the NissanConnect Services, you will not be able to benefit from the NissanConnect Services.
It is your responsibility to inform all Vehicle drivers and passengers who wish to use the NissanConnect Services regarding the terms and conditions of this Agreement, including the aspects related to data privacy.
1.3. 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 Website (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 NissanConnect Services shall constitute your acceptance of such revised terms of the Agreement. You can access the terms of the Agreement in force at any time online at http://hr.nissanconnect.eu/en-gb/terms. We advise you to periodically review the terms of the Agreement in force carefully.
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. 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. You can get an updated copy of this Agreement, including all of its current terms and conditions, online at http://hr.nissanconnect.eu/en-gb/terms.
1.4. Updating or Changing Subscriber Account Information. You can review, modify, correct, or update your information you provided to us on the Website at any time by updating this information directly on the Website.
2. NISSANCONNECT SERVICES DURATION AND TERMINATION
2.1. Duration. Your NissanConnect 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 NissanConnect Services will remain in force for an initial term of two years as of the warranty start date of the Vehicle. Similarly, as from its availability the ‘Connected Plus’ package of the NissanConnect Services (as applicable) will remain in force for an initial term of one year as of the warranty start date of the Vehicle. This means that the duration of these initial terms are independent from the date of the date of activation of the NissanConnect Services. These initial terms for the ‘Connected’ and the ‘Connected Plus’ package are herein referred to as the “ Initial Service Period(s)”.
The Initial Service Period is delivered free of charge for a newly purchased Vehicle that is equipped and eligible for NissanConnect.
If you are the second or subsequent owner of the Vehicle then the NissanConnect Services ‘Connected’ package is available until the end of the complimentary Initial Service Period for such ‘Connected’ package. If the NissanConnect 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 ‘Connected’ and/or the ‘Connected Plus’ package, you will be notified by e-mail and you will be given the opportunity to renew your subscription on-line via the Website 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 NissanConnect 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 NISSANCONNECT 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 NISSANCONNECT 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 and you will be given the opportunity to renew your subscription on-line via the Website. In addition, every time you decide to renew the relevant NissanConnect Services packages, your payment account will be automatically charged in consideration of the NissanConnect Services during the Renewal Service Period. By not renewing the NissanConnect services, your subscription will be automatically cancelled at the expiration day.
2.2. Your Termination Rights. You can terminate your NissanConnect Services online via the Website or at any time by contacting us. If you terminate the NissanConnect 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 NissanConnect Services later, you will be charged the full price corresponding to a full Renewal Service Period.
2.3. Our Termination and Suspension Rights.
We may terminate your NissanConnect 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 NissanConnect Services will end. This means that we can decide to cease providing the NissanConnect 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 NissanConnect Services in the event of termination of any agreement between us and any Service Provider on which we are dependent to provide the NissanConnect Services, we will use our best endeavours to give you the 30-day notice mentioned above.
Also, we may terminate your NissanConnect Services without prior notice to you for any good cause. This means, for example, we can terminate your NissanConnect Services immediately if you breach any part of this Agreement, if you interfere with our efforts to provide the NissanConnect Services, if you interfere with our business, or if your NissanConnect Services is used for illegal or improper purposes. You do not have any right to have NissanConnect Services reactivated, even if you cure any of these problems. We can also suspend your NissanConnect Services for network or system maintenance or improvement, or if there is network congestion, or if we suspect your NissanConnect 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 NissanConnect Services.
We also reserve the right, at our sole discretion, to stop offering the NissanConnect Services and not to accept the renewal of your NissanConnect Services without incurring any liability whatsoever.
2.4. If you sell your Vehicle or purchase a used Vehicle
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 Website.
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 NissanConnect 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 NissanConnect 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 NissanConnect Services related to the Vehicle, the new owner’s profile will overwrite your profile and your NissanConnect Services subscription will automatically end.
You cannot transfer your NissanConnect 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 Website.
Termination of your NissanConnect Services
If you sell your Vehicle or end its lease, you have the opportunity to terminate this Agreement regarding your NissanConnect Services before removing it from your account on the Website 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 NissanConnect 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 NissanConnect Services. We do not recommend such action as it will decrease the attractiveness of your Vehicle.