Terms and Conditions for Infiniti InTouch Services
Effective as of 03.10.2016
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 an Infiniti vehicle equipped with the Infiniti InTouch services („Vehicle“). Also, as used in this Agreement, the terms „we“, „us“, „our“ and „Infiniti“ shall be deemed to refer to NISSAN INTERNATIONAL SA – Infiniti Division, 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 – Infiniti Division, A-one Business Center ZA La Pièce – Batiment B2, Route de l’Etraz 1180 Rolle, Switzerland. Certain Infiniti InTouch services and other information referenced in this Agreement are available online.
Depending on its specification, your Vehicle is equipped with an Infiniti InTouch telematics control unit and, as applicable, with a head unit and navigation system that may include further communication interfaces for smartphone or other devices. This equipment 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, processing and use of certain data to provide the Services (the „Infiniti InTouch Services”).
Infiniti InTouch Services provides the capability for the Subscriber to interact with the Vehicle and/or to use a variety of applications („applications” or „apps”) directly through the equipment of the Vehicle, or indirectly by smartphone, computer or other devices that are enabled to connect with the Vehicles telematics control unit and the Vehicle systems. The Infiniti InTouch telematics control unit is not compatible with all smartphone or other device technologies/vendors. Additionally, older smartphones or devices may be not supported.
The Infiniti InTouch package covered by your Subscription and country coverage are described in more detail online in the service description.
For safety and regulatory reasons, some services may be automatically deactivated while driving.
For more information about the compatibility with smartphones and other devices, please refer to the Website at https://gb.intouch.infiniti.eu/en-gb/CsmSupport/Compatibility. We are not responsible for and do not provide any guarantee or warranty regarding compatibility that currently exists between your smartphone or other devices and Infiniti InTouch Services, and are not responsible for the lack of support or loss of services that may result.
The Infiniti InTouch package is complimentary for three years from the warranty start date of the Vehicle; after this three-year complimentary period, the Infiniti InTouch package is available for purchase at one-year term increments. Infiniti may offer in the future (but shall be under no obligation to do so) extended packages or additional services associated with your Infiniti InTouch package.
The Agreement describes the relationship between you and us regarding the use of the Infiniti InTouch Services.
We work with many different companies to provide you with the Infiniti InTouch 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 Infiniti InTouch Services, including, but not limited to, wireless service providers, suppliers, licensors, distributors and dealers.
Some or all of the services or content provided as part of the Infiniti InTouch Services may be provided by third party Service Providers. The Service Providers may impose further terms and conditions on providing such content and services. By using Infiniti InTouch Services, you also agree to be bound by those additional terms and conditions. Infiniti makes no representations regarding the availability of any app or of the content you select when using the Infiniti InTouch Services and cannot be held responsible for app availability or the content provided to you.
PLEASE READ THIS AGREEMENT COMPLETELY BEFORE USING ANY INFINITI INTOUCH SERVICE AND KEEP A COPY FOR YOUR FILES. READ AND KEEP A COPY OF ANY ADDITIONAL INFINITI INTOUCH DOCUMENTS GIVEN OR SENT TO YOU. ANY INFINITI INTOUCH DOCUMENTS THAT SAY THEY BECOME PART OF YOUR INFINITI INTOUCH AGREEMENT ARE PART OF THIS AGREEMENT IF YOU ACCEPT ANY OF THE SERVICES THEY DESCRIBE.
1. INFINITI INTOUCH SERVICES SUBSCRIPTION PROCESS
1.1. Your Consent. By entering into this Agreement and/or using the Infiniti InTouch Service, you agree to the practices and procedures described in this Agreement.
1.2. Activation of the Infiniti InTouch Services and your consent. You can only get and use the Infiniti InTouch 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 Infiniti InTouch website („Website”) afterwards by clicking „I agree” during the service subscription process.
By accepting 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 Infiniti InTouch Services is attached to your Vehicle and you cannot transfer the Infiniti InTouch Services to another vehicle.
Should you choose not to subscribe to the Infiniti InTouch Services, you will not be able to benefit from the Infiniti InTouch Services.
It is your responsibility to inform all Vehicle drivers and passengers who wish to use the Infiniti InTouch Services regarding the terms and conditions of this Agreement, including the aspects related to data privacy.
1.4. Access to Infiniti InTouch Services. The Infiniti InTouch Services may available on board through a head unit and/or a navigation system or remotely using an internet enabled computer, smartphone or other device and/or an app specifically designed for accessing the Infiniti InTouch Services. Those apps may be made available by Infiniti or by third party on behalf of Infiniti and additional terms and conditions might apply to their download or use.
1.5. On-board authentication or activation of certain functionalities. In addition to your subscription to Infiniti InTouch Services, it might be necessary to authenticate yourself at the Vehicle systems by entering user name, password or other information. Further, certain functionalities related to the collection of data may require that you or other occupants of your Vehicle actively confirm that these functionalities should be activated. For this purpose the head unit or navigation system might display an “I Agree” button or a similar function to request your confirmation. If you confirm the use of the relevant functionality, it will be activated during your entire journey and the data necessary for the operation of the functionality will be transferred to Infiniti. If you do not confirm its use it will remain temporarily deactivated until the next time the Vehicle is turned on, and the relevant data will not be transferred to Infiniti. Please note that if certain functionalities are deactivated you might not use all Infiniti Services. Further, even if some functionalities are deactivated others may still be active and allow the transfer of data.
1.6. 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 Infiniti InTouch 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. 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 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.
1.7. 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. INFINITI INTOUCH SERVICES DURATION AND TERMINATION
2.1. Duration. Your Infiniti InTouch 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 service package of the Infiniti InTouch Services will remain in force for an initial term of three years as of the warranty start date of the Vehicle. This means that the duration of the initial term is independent from the date of the date of activation of the Infiniti InTouch Services. These initial terms for the service 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 that is equipped with a telematics control unit.
If you are the second or subsequent owner of the Vehicle then the Infiniti InTouch Services package is available until the end of the complimentary Initial Service Period. If the Infiniti InTouch 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 your service 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 Infiniti InTouch 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 INFINITI INTOUCH 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 INFINITI INTOUCH 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 Infiniti InTouch Services packages, your payment account will be automatically charged in consideration of the Infiniti InTouch Services during the Renewal Service Period. By not renewing the Infiniti InTouch services, your subscription will be automatically cancelled at the expiration day.
2.2. Your Termination Rights. You can terminate your Infiniti InTouch Services online via the Website or at any time by contacting us. If you terminate the Infiniti InTouch 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 Infiniti InTouch 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 Infiniti InTouch 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 Infiniti InTouch Services will end. This means that we can decide to cease providing the Infiniti InTouch 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 Infiniti InTouch Services in the event of termination of any agreement between us and any Service Provider on which we are dependent to provide the Infiniti InTouch Services, we will use our best endeavours to give you the 30-day notice mentioned above.
Also, we may terminate your Infiniti InTouch Services without prior notice to you for any good cause. This means, for example, we can terminate your Infiniti InTouch Services immediately if you breach any part of this Agreement, if you interfere with our efforts to provide the Infiniti InTouch Services, if you interfere with our business, or if your Infiniti InTouch Services is used for illegal or improper purposes. You do not have any right to have Infiniti InTouch Services reactivated, even if you cure any of these problems. We can also suspend your Infiniti InTouch Services for network or system maintenance or improvement, or if there is network congestion, or if we suspect your Infiniti InTouch 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 Infiniti InTouch Services.
We also reserve the right, at our sole discretion, to stop offering the Infiniti InTouch Services and not to accept the renewal of your Infiniti InTouch 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 Infiniti 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 Infiniti InTouch 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 Infiniti InTouch 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 Infiniti InTouch Services related to the Vehicle, the new owner’s profile will overwrite your profile and your Infiniti InTouch Services subscription will automatically end.
You cannot transfer your Infiniti InTouch Services to another vehicle. The Infiniti InTouch 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 Infiniti Customer Service or by registering the Vehicle on the Website.
Termination of your Infiniti InTouch Services
If you sell your Vehicle or end its lease, you have the opportunity to terminate this Agreement regarding your Infiniti InTouch 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 Infiniti InTouch 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 Infiniti InTouch 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 Website 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, Infiniti 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 Infiniti InTouch. Infiniti 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 Infiniti InTouch Services in relation to such Vehicle or any data relating to the Vehicle.
3. FEES, PAYMENT, BILLING AND TAXES POLICY
The Infiniti InTouch Services are free of charge during the relevant Initial Service Period of your service package. After its Initial Service Period, your service package will require a valid subscription; therefore, if the complimentary period of your service package is over or within 30 days of being over, you must pay for the service package to continue your use of the Infiniti InTouch Services.
If you choose not to renew your subscription to the Infiniti InTouch Services prior to the end of the Initial Service Period of the relevant package, your Infiniti InTouch 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 Infiniti InTouch 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 Infiniti InTouch 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 Infiniti InTouch 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 Infiniti InTouch Services.
You understand and agree that the subscription to the Infiniti InTouch Services is attached to your Vehicle and you cannot transfer the Infiniti InTouch 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 Infiniti InTouch Services you should subscribe and activate the Infiniti InTouch Services online via the Website during the Initial Service Period or the Renewal Service Period, as applicable.
The Infiniti InTouch Services are attached to the Vehicle. Once you have paid the Subscription Fee, you cannot be reimbursed for any reason whatsoever.
4. PERSONAL DATA, DATA PROTECTION
4.1. General. Infiniti respects and upholds your rights under applicable law. This privacy collection statement describes how we manage any personal information we may collect from you.
4.2. Use of personal data. We will collect and use certain data in connection with your use of the Infiniti InTouch Services. We will use such data to provide and improve the Infiniti InTouch Services, on serving you and other occupants of your Vehicle and as further described herein. The data we collect might include personal data. By subscribing to and/or using Infiniti InTouch 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.
4.3. Categories of personal information we collect. The types of personal information we collect depend on the Vehicle, its specification and the Infiniti InTouch Services you have subscribed to and your use of the Infiniti InTouch Services. We collect data you provide in connection with your Infiniti InTouch subscription, including subscription data and contract information, the Vehicle's identification number (VIN), name, address, User IDs, passwords, contact data of the primary driver or car owner. We may (as applicable) also collect data related to the Vehicle, its devices and system information, including navigation system ID, embedded SIM IDs, operation history and diagnostic data of vehicle systems and parts, in case of an electro vehicle electricity consumption, battery status and charging history. For the provision of the Infiniti InTouch Services and statistical purposes, we may collect data regarding your use of the Infiniti InTouch Services, including navigation system behaviour and parameters data, certain location data including trip stop and start location, charging locations. We further collect (as applicable) billing, payment and claims management data related to the Infiniti InTouch Services. If you do not provide this information to us, we may not be able to provide some or all of the Infiniti InTouch Services.
4.4. Purposes of processing of personal data. We will use the personal data we collect to provide the Infiniti InTouch Services to you. This includes in particular services related to any communication and messaging , technical and other vehicle information, remote vehicle controls, vehicle notifications such as maintenance alerts, integrated security and safety features such as eCall or bCall functionalities and many other services that might be available under your applicable Infiniti InTouch Service package.
We will use personal data also to enable Infiniti, its affiliates and Service Providers and Infiniti's dealerships to enhance their services, products 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 Infiniti InTouch Services, including special discounts or added services or functions or enhancing and personalizing the communications between you and us and the Infiniti dealerships, and managing your subscription to the Infiniti InTouch Services and your subscription account.
We may also use data for evaluation and statistical purposes, market research and for other research and development purposes, to improve the Infiniti InTouch Services and our products in general, for infrastructure planning (such as data centres) and/or to customize the Infiniti InTouch Services for individual Subscribers or groups of Subscribers. We may also use the data in order to detect or prevent the abuse of the Infiniti InTouch 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 Infiniti InTouch 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.
When you access the services of third party service providers (e.g. for social media accounts, media content, third party service information) by means of the Infiniti InTouch Services or any of its functionalities or apps, we may receive, process, use and transfer such data in connection with the provision of such services. Further, any such third party service accessed through Infiniti InTouch Services may use additional terms and conditions regulating to the use of your personal data. Infiniti does not control any such terms and conditions of independent services and disclaims any responsibility or liability in this regard.
WE DO NOT SELL, RENT OR TRADE SUBSCRIBER INFORMATION OUTSIDE OF NISSAN GROUP, Infiniti Division and Infiniti DEALERSHIPS, OR OUR SERVICE PROVIDERS EXCEPT WITH YOUR CONSENT.
4.5. Use of data for promotional purposes. We will only use your contact details for promotional email, mail or telephone communications to the extent permitted by the applicable law or if you have given your prior consent. You may at any time withdraw your consent for the future use of data for promotional purposes without incurring any costs (other than your own communication cost) by selecting your preferences online at https://gb.intouch.infiniti.eu/en-gb/CsmAccount, by the methods specified in the communications we provide to you, by contacting our contact centre, or as otherwise provided by applicable laws.
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. If a Subscriber has withdrawn its consent to receive promotional materials by regular mail, we will implement such opt-out request after receipt of the regular mail within a commercially reasonable time.
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 Infiniti InTouch Services to you and/or maintain your subscription account.
4.6. Disclosure of personal Information. We work with many different companies to provide you with the Infiniti InTouch Services. This includes but is not limited to mobile network providers, internet access and connectivity providers, subscription management providers, payment service providers, content providers, suppliers, licensors, leasing partners, public safety answering points, emergency responders and services providers (police, ambulance etc.), road side assistance providers, distributors, dealers and workshops.
We may disclose your personal information outside of Infiniti with others such as Service Providers only to provide services for us and other specific Service Providers for the purpose of delivering the Infiniti InTouch Services requested by the Subscriber or other occupants in the Subscriber's Vehicle or to facilitate communication with the Vehicle purchaser, owner or occupant. For other purposes, we may provide aggregated data, anonymized data or statistics about Subscribers and related Infiniti InTouch Services information to third parties, but this data 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.
4.7. Transfer of data outside the European Union (EU) / European Economic Area (EEA). The Infiniti InTouch Service subscribed by you and the location where the Vehicle is used and other personal information collected in connection with the operation and use of the Infiniti InTouch Services will be transferred to and processed by Nissan International SA’s affiliates and their Service Providers not only inside, but also outside the EU/EEA. This includes in particular (without limitation) the processing of personal data by Nissan Motor Co., Ltd in Japan and its Service Providers in Japan and/or other countries outside the EU/EEA. The data protection laws of any such third countries might not offer the same level of data protection as in the European Union or the European Economic Area. However, in case such transfer occurs, we will take adequate measures to ensure that the personal data is processed in accordance with the standards provided by the applicable legislation relating to data protection. If personal data collected and processed by us are processed by Service Providers outside of the EU/EEA they will only process any such data in in accordance with our instructions and for the purposes described above and subject to stringent data security measures.
4.8. Security. We will maintain ourselves and require our Service Providers to 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 Infiniti, Infiniti affiliates and their Service Providers. 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 Infiniti InTouch services to Subscribers, voice and data are transmitted between Infiniti response centres 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.
4.9. 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. Subject to certain exceptions, personal data will be stored for up to two years after the data has been collected unless required to fulfil contractual or other legal obligations. After such time the personal information will be deleted, blocked or made anonymous in accordance with the applicable law. Information like vehicle speed, vehicle driving direction and certain location data will be deleted or anonymized immediately after the purpose for which they have been transferred has ended but in any case not later than 24 hours after being received by the relevant data centre used by Infiniti.
4.10. 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 Websiteor contact the local contact centre of Infiniti.
5. SPECIAL INFORMATION ABOUT SERVICE AND SYSTEM LIMITATIONS
5.1. Technology Ownership. Infiniti 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 by Infiniti as a part of or in conjunction with the Infiniti InTouch 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 Infiniti InTouch 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 Infiniti InTouch Services. Any and all software contained in your Vehicle is licensed solely for use in conjunction with the Infiniti InTouch Services. Furthermore, any and all data and other content of the Infiniti InTouch Services are protected by copyright and other intellectual property laws and all ownership rights remain with Infiniti and its Service Providers. You may use the Equipment Technology only for your personal, non-commercial use in connection with the Infiniti InTouch Services.
5.2. SIM card ownership and use. The Vehicles’ telematics unit includes one or more embedded SIM cards that will remain the property of the applicable mobile network operator. If you make any modification to the related hardware or software, or attempt to use the SIM card(s) for any other purpose, you may invalidate any applicable warranty and we shall not be responsible or liable for any failure of such hardware of software to function properly or to be able to support the Infiniti InTouch Services.
5.3. Trademarks. Infiniti InTouch and the Infiniti 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 websites may be the trademarks of third parties. Neither your access to and use of the Infiniti InTouch Services or such websites 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 Infiniti InTouch Services will inure to our benefit.
5.4. Global Positioning System. Your Infiniti InTouch Services work using wireless communication networks and the Global Positioning System („GPS“) satellite network. NOT ALL INFINITI INTOUCH 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 (map CD or DVD may be required). Certain programming limitations of the GPS system may impair our ability to determine your Vehicle's precise location.
6. YOUR RESPONSIBILITIES
6.1. Maintaining Your Account. Your receipt of the Infiniti InTouch Services is dependent upon your activation of the Infiniti InTouch Services as described above. You are responsible for maintaining a valid form of payment for your service 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 Website.
6.2. 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 or set by yourself in accordance with the activation process). Anyone who has your password or user ID may be able to access the Infiniti InTouch 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.
6.3. Proper Use of the Services. You promise not to use any Infiniti InTouch 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 Infiniti InTouch Services and you cannot use any content you receive through the Infiniti InTouch Services for commercial purposes.
6.4. Safeguarding and Use of Others' Information. Certain information you receive through your Infiniti InTouch 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 Infiniti InTouch 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.
6.5. Other Users or Occupants of your Vehicle. YOU ARE SOLELY RESPONSIBLE FOR ANY USE OF INFINITI INTOUCH 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 INFINITI INTOUCH SERVICES. You promise to educate and inform all users and occupants of your Vehicle about the Infiniti InTouch 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 Infiniti InTouch 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.
7. SPECIAL NOTICES
7.1. Software, Hardware and Equipment Updates. The Infiniti InTouch Services involve software (including Vehicle software and software used by the telematics control unit, the head unit or the navigation system) or content 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 Infiniti InTouch Services system in your Vehicle. We are not responsible for lost data. You do not own the Infiniti InTouch Services software or acquire any rights to use or modify the Infiniti InTouch 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.
7.2. Mobile Network Services. You do not have any right in the mobile phone number(s) assigned to the telematics control unit of your Vehicle other than for use in connection with the Infiniti InTouch Services. You agree that you do not have any contractual relationship with the mobile service provider and that you are not a third party beneficiary of any agreement between Infiniti and the mobile serve provider. In addition, you agree that the mobile service provider has no legal, equitable or other liability of any kind to you and that, regardless of the form of the action, whether for breach of contract, warranty, negligence, liability in tort or otherwise. Your exclusive remedy and the total liability of the mobile service provider in connection with the Infiniti InTouch Services, including failure or disruption of mobile services, is subject to the liability terms set out in this agreement.
7.3. Technology and Communications. The Infiniti InTouch Services cannot work unless your Vehicle is in a place where our network carrier has coverage. For details of the geographical coverage please refer to the country list set out in the description of your Infiniti InTouch Services package. The Infiniti InTouch Services that involve location information about your Vehicle cannot work unless GPS satellite signals are unobstructed, available in that place and compatible with the Infiniti InTouch Services hardware as well.
7.4. Telecommunications/GPS Changes. The Infiniti InTouch 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 infrastructure, the public internet or GPS technology required by the Infiniti InTouch Services system changes in a way that results in incompatibility of those technologies with the Infiniti InTouch Services system, then the Infiniti InTouch Services might not work and we may be forced to terminate your Infiniti InTouch 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 Infiniti InTouch Services. We are not responsible for any modifications made by those who provide these technologies, and any loss of service resulting from it.
7.5. 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 Infiniti InTouch Services, you also agree to be bound by those additional terms and conditions. Infiniti makes no representations regarding the availability of any applications or of the content you select when using the Infiniti InTouch Services and cannot be held responsible for application availability or the content provided to you.
7.6. Maps and Navigation. The routing data that we provide to you is based on the map information available to us during the manufacturing process, but may be inaccurate or incomplete when first used by you. 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 Infiniti InTouch Services or your Vehicle's navigation system. Infiniti 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 Infiniti InTouch Services. Infiniti will not be held responsible for any inaccuracies or incompleteness of the map data provided to you.
7.7. Geography and Environment. There are other circumstances that we do not and cannot control that may prevent us from providing Infiniti InTouch Services to you at any particular time or place, or that may impair the quality of the Infiniti InTouch 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. Infiniti will not be responsible or liable for any inability to use the Infiniti InTouch Services due to any of the above circumstances.
7.8. 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.
7.9. Available Information. The Infiniti InTouch 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.
7.9. Vehicle integrity and information. For use of the Infiniti InTouch Services your Vehicle must have a working electrical system including, in case of an electro vehicle, adequate battery power. The Infiniti InTouch Services may not work if you try to add, connect or modify any equipment or software in your Vehicle (such as plugging devices in to the Vehicle’s electrical system or diagnostic port, or otherwise modifying the Vehicle).
8. WARRANTIES & LIABILTY
8.1. No Warranties. Warranties are special kinds of promises. Your Vehicle's limited warranty or hardware maker's limited warranty (if applicable) includes the Infiniti InTouch Services equipment in your Vehicle, BUT DOES NOT COVER THE INFINITI INTOUCH 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 INFINITI INTOUCH 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.
8.2. 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 Infiniti InTouch 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 Infiniti InTouch Services or, use of or reliance on the Infiniti InTouch 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 devices, equipment, programs, data or other proprietary material due to your use of the Infiniti InTouch Services, our Website or apps, or on any website or apps linked to it.
9.1. 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 laws of England 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 Infiniti InTouch Services shall be subject to the exclusive jurisdiction of the courts of England.
END of Terms and Conditions
INFINITI INTOUCH TRACKING SERVICE
END USER'S TERMS AND CONDITIONS
Effective as of 12.12.2016
YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE USING OR RELYING UPON THE INFINITI TRACKING SERVICE THAT IS PROVIDED WITH THE TRACKING DEVICE SUPPLIED BY INFINITI. THE TRACKING SERVICE WILL BE SUPPLIED ONLY AS SET FORTH BELOW.
IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS SERVICE AGREEMENT, DO NOT USE OR RELY UPON THE INFINITI TRACKING SERVICE. USING OR RELYING UPON THE INFINITI TRACKING SERVICE INDICATES THAT YOU ACCEPT THESE TERMS AND CONDITIONS.
1.1. In these terms and conditions:
1.1.1. 'Authorised User' means any person lawfully authorised by the Customer to use the Vehicle;
1.1.2. 'Customer' means the person, firm or company who owns the Vehicle;
1.1.3. 'GPS' means the global positioning system, a network of satellites owned by the Government of the United States of America;
1.1.4. 'GSM' means global system for mobile communications, a cellular phone technology;
1.1.5. "Infiniti" means the Infiniti Europe division of Nissan International SA, with registered address at Zone d'Activités La Pièce 12, 1180 Rolle, Switzerland.;
1.1.6. 'Order' means the order sent by the Customer to Infiniti Europe, using the subscription form provided through the Infiniti InTouch Owner Portal, duly completed by the Customer with respect to all the required data and duly signed by the Customer;
1.1.7. 'Service' means the INFINITI INTOUCH TRACKING SERVICE to be provided by Infiniti Europe according to these INFINITI INTOUCH TRACKING SERVICE END USER'S TERMS AND CONDITIONS and in relation to the Vehicle;
1.1.8. 'Service Activation Notice' means the communication sent by Infiniti Europe to the Customer upon activation of the Service;
1.1.9. 'Service Agreement' means these Service END USER'S TERMS AND CONDITIONS together with the Order;
1.1.10. 'Service Fee' means the fee to be paid annually or monthly in advance by the Customer to Infiniti Europe for the provision of the Service, as published by Infiniti Europe from time to time on its website and through the media;
1.1.11. 'Service Provider' means Vodafone Automotive Telematics SA, its affiliates and authorised operational centres appointed by Infiniti Europe to provide the theft/alarm notification and tracking services through the Vodafone Automotive alert management network;
1.1.12. 'Territory' means the countries where the Service is available and which are specified in the in article 10.1;
1.1.13. 'Unit' means the Infiniti tracking device provided by Infiniti to the Customer and installed by Infiniti in the Vehicle;
1.1.14. 'Vehicle' means the Customer's vehicle in which the Unit has been installed by Infiniti.
2. Scope of the Service Agreement
2.1. Infiniti Europe shall provide the Service to the Customer inside the Territory, in accordance with the terms and conditions set out in the Service Agreement.
2.2. The Customer being a consumer (i.e. an individual acting beyond the scope of his/her professional activity), shall be entitled to withdraw from and terminate the Service Agreement with no penalties and with no need to specify the reasons, by cancelling online through the Infiniti InTouch Owner Portal the subscription. A confirmation email will be sent back automatically, and the termination will be effective immediately.
3. Service activation and continuance
3.1. In order to activate the Service, the Customer shall subscribe online on the Infiniti InTouch Owner Portal [http://www.infiniti.eu/intouch/].
3.2. The Service will be activated 24 hours after the initial subscription.
3.3. Upon activation of the Service, Infiniti shall send the Customer the Service Activation Notice via email, containing the relevant data required to access the Service's features and confirming the activation. No binding contract shall be formed until Customer has received the Service Activation Notice to indicate acceptance of the Order.
3.4. The Customer shall inform Infiniti Europe in good time of any variations in any of the data required in the Order.
3.5. Infiniti Europe will not be obliged to commence or continue the provision of the Service unless the Service Fee has been duly paid in good time.
3.6. Any renewal following a termination or suspension of the Service in accordance with Articles 5 and 7 will be considered as a new and initial Subscription. As such, the 24 hours service activation period will apply.
4. Provision of the Service
4.1. In the event that the Customer or any Authorised User reasonably believes that the Vehicle has been stolen, the Customer or Authorised User (as the case maybe) shall promptly notify the Service Provider without delay. Upon receipt of any such notification, the Service Provider shall take the steps set out in Clause 4.4 below.
4.2. If the Vehicle is stolen, the Customer shall be responsible for notifying the Police, as soon as is reasonably possible, that the Vehicle has been stolen and shall obtain a reference number in respect of the same. The Customer undertakes to immediately provide the Service Provider with this reference number and the contact details of the relevant Police Station (including address, phone number and name of the officer in charge of the theft, when known).
4.3. The Customer acknowledges that nothing in the Service Agreement shall be read as a guarantee from the Service Provider that the Police shall take action upon being notified that the Vehicle has been stolen. The Service Provider cannot be held responsible for any acts or omissions on the part of the Police.
4.4. In the event of the theft or unauthorised movement of the Vehicle notified by the Customer, the Service Provider shall endeavour as quickly as is reasonably possible to locate the Vehicle using the GPS. If the Service Provider is able to locate the Vehicle, it shall inform the Customer. If the Customer confirms to the Service Provider that the vehicle has been reported as stolen to the public safety authorities, the Service Provider shall inform the public safety authorities of the Vehicle's location.
4.5. Infiniti Europe shall provide the Customer with all documentation pertaining to the Service, including the operating manuals containing sufficient information for the proper operation of the Unit and the provision of the Service.
5.1. The Customer shall pay the Service Fee to Infiniti Europe by credit or debit card (VISA, MASTERCARD) from the Infiniti InTouch Portal [http://www.infiniti.eu/intouch/].
5.2. If the Customer stops paying the Services (as the payment is made upfront), Infiniti Europe will be entitled to:
5.2.1. Suspend the provision of the Service until full payment has been received; or
5.2.2. Terminate the Service Agreement.
6.1. Notwithstanding any other provision of the Service Agreement, the Service Provider does not seek to exclude or restrict its liability for gross negligence or wilful misconduct, or for death or personal injury caused by its negligence.
6.2. In respect of all other liability hereunder, to the fullest extent permitted by law, the Service Provider's liability in respect of each event or series of connected events shall not exceed an amount equal to the sum of the Service Fee paid by the Customer.
6.3. To the fullest extent permitted by law, the Service Provider shall not be liable to the Customer for the loss of profits or contracts or any other indirect or consequential loss whether arising from tort (including negligence) or breach of contract or otherwise. In particular but without limitation, the Service Provider shall not be liable for any loss or damage caused to the Customer as a direct or indirect result of the Vehicle being stolen and it is agreed and declared that if any limitation in this clause should prove to be unenforceable, such finding shall not affect the enforceability of the other exclusions.
6.4. The Customer acknowledges that, owing to the nature of the technology used in the Unit, the operation of the Service may from time to time be adversely affected by physical features, including, without limitation, the removal of the Unit or its antenna, electromagnetic interference, the Vehicle being in a covered area, an underpass or in other places not covered by the GPS or GSM networks, atmospheric conditions and other causes of interference beyond the Service Provider's control (e.g. failure of GPS or GSM networks). In particular, the operation of the Unit and, therefore, the provision of the Service in accordance with the Service Agreement, depends to some extent upon the operation of the GPS and GSM networks with which the Unit operates, and these networks are not operational in all parts of the Territory. As such, the Service Provider can give no guarantee that the Vehicle will be successfully located or recovered.
6.5. The Customer acknowledges that the activation of the Service does not in any way mitigate his or her duty to obtain adequate insurance for the Vehicle.
7. Terms and Termination
7.1. Subject to Clause 7.3, the Service Agreement shall commence upon the date of the Service Activation Notice and shall continue for a minimum fixed period of one month thereafter and shall be automatically or manually renewed for further periods of one month.
7.2. The Service Agreement cannot be assigned or otherwise transferred by the Customer. Notwithstanding the foregoing, the Customer expressly acknowledges and accepts that, once the Service is activated, Infiniti Europe delegates its performance to Vodafone Automotive Telematics SA, its affiliates and authorized operational centres.
7.3. The Service Agreement shall terminate at the time the Customer sells or otherwise disposes of the Vehicle. The Customer shall have no title to any reimbursement of the Service Fee.
7.4. Either party may, via email, terminate the Service Agreement in the event that:
7.4.1. The other party is in material or persistent breach of the Service Agreement; or
7.4.2. The other party becomes insolvent or bankrupt, goes into liquidation, whether voluntary or compulsory, passes a resolution for its winding up, has a receiver or administrator appointed over all or any part of its assets, makes any composition or arrangement with its creditors, or takes or suffers any similar action inconsequence of its debt.
7.5. Infiniti Europe may terminate this agreement with immediate effect by sending written notice via email to the Customer in the event that:
7.5.1. Any government or other regulatory approvals for the provision of the Service are withdrawn, suspended or amended at any time;
7.5.2. The Customer or any Authorised User persistently raises false alerts in circumstances where he/she had no reasonable grounds to believe that the Vehicle had been stolen or that genuine emergency or breakdown situations existed.
7.6. Upon termination of the Service Agreement, the accrued rights and liabilities of the parties shall not be affected.
8.1. The Customer acknowledges that for security reasons, telephone calls between the Service Provider personnel and the Customer may be recorded. The Customer hereby consents to the recording of such calls and agrees that such recording may be used and supplied to the Police for the sole purpose of the prevention and detection of crime.
8.2. The Service Provider and Infiniti Europe shall not be liable for any delay in performing or for failure to perform their obligations hereunder to the extent that and for so long as the delay or failure results from any cause or circumstance whatsoever beyond their reasonable control ('Event of Force Majeure'). The Service Provider or Infiniti Europe shall notify the Customer upon being made aware of the event of force majeure and shall indicate the manner and extent to which its obligations are likely to be prevented or delayed. If any event of force majeure occurs, the date(s) for performance of the obligation(s) affected shall be postponed for as long as is necessary by the event of force majeure, provided that if an event of force majeure continues for a period exceeding three (3) months, either party shall have the right to terminate the Service Agreement forthwith by sending written notice via email to the other party. Each party shall endeavour to minimise the effects of any events of force majeure.
8.3. Without prejudice to Section 2.2 hereof, all notices and other communications required or permitted under the Service Agreement shall be in writing and shall be delivered or transmitted to the intended recipient's email address as specified in the Order.
8.4. The failure of either party to enforce or to exercise at any time or for any period of time any term of or any right pursuant to the Service Agreement does not constitute, and shall not be construed as, a waiver of such terms or right and shall in no way affect that party's right to enforce or exercise it later.
8.5. If any term of the Service Agreement is found to be illegal, invalid or unenforceable under any applicable law, such terms shall, insofar as they can be separated from the remaining terms, be deemed omitted from the Service Agreement and shall in no way affect the legality, validity or enforceability of the remaining terms.
8.6. The Service Agreement contains all the terms agreed between the parties regarding its subject matter and supersedes any prior agreement, understanding or arrangement between the parties, whether oral or in writing. No representation, undertaking or promise shall be taken to have been given or implied from anything said or written in negotiations between the parties prior to entering into the Service Agreement (unless such untrue statement was made fraudulently) and that party's only remedies shall be for breach of contract as provided in the Service Agreement.
8.7. The Service Agreement shall be governed by the laws applicable in the Customer's country of domicile indicated in the Order, and the parties accept the exclusive jurisdiction of the courts in such countries to resolve any disputes between them.
8.8. The Customer acknowledges that authorised Service Provider personnel can track the Customer's vehicle for test purposes.
8.9. The Unit and Service are intended for personal/individual use and are not intended as a fleet management service.
8.10. No variations to the Service Agreement shall be binding unless agreed in writing by an authorised representative of the Service Provider.
8.11. Providing the best Service to the Customer is our highest priority. The Service Provider shall request the Customer to participate in a customer satisfaction survey twice per year. Information obtained from Customers through the survey shall be processed and used by the Service Provider for the sole purpose of improving the Service and in accordance with Section 9. Customers who do not wish to participate in the survey may withdraw at any time by sending a notice the Service Provider in accordance with Section 8.4.
9. DATA PROTECTION
9.1. The Customer has been informed and is fully aware that:
9.1.1. Personal data that the customer provides himself/herself in connection with activation of the Service and other contacts with Infiniti and the Service Provider, such as name, address, phone number, vehicle data and automatic registration of the vehicle location sent from the vehicle shall be processed by the Service Provider by electronic means, and/or shall be converted into electronic data for the purpose of satisfying the obligations under the Service Agreement as well as for testing/internal statistics. All processing takes place in accordance with good practice and the legislation in force concerning the processing of personal data.
9.1.2. Communication of the personal data and any data relating to the localisation of the Vehicle is necessary for the performance of the Service Agreement and a refusal thereof will make it impossible to activate and/or provide the Service.
9.2. By executing the Service Agreement, the Customer authorises the Service Provider to process his/her personal data and any data relating to the localisation the Vehicle, and to transfer this data to the Police force and/or to public bodies in compliance with statutory obligations and/or to any entity acting as contractor of the Service Provider in connection with the provision of the Service in the Territory (a list of such contractors shall be available upon request from the Customer), and/or to the insurer to cover the risk of theft of the Vehicle, regardless of the fact that such transfers occur abroad and even into countries outside of the EU. The Customer hereby further consents that his/her personal data can be further processed by the above transferees whenever such processing is necessary or useful in connection with the provision of the Service.
9.3. The Customer is entitled at any time to exercise the right to access, check and amend the aforementioned data, and to reasonably object to the processing of this data, subject however to the consequences provided by Section 9.1.2 hereof.
9.4. The entities indicated in the Order shall own and control all data processing.
10.1. Following countries are covered by the service:
Albania, Austria, Belarus, Belgium, Bosnia and Herzegovina, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France (incl. Monaco), Germany (incl. Liechtenstein), Greece, Hungary, Ireland, Italy (incl. Vatican City, San Marino), Latvia, Lithuania, Luxembourg, Macedonia, Malta, Montenegro, Netherlands, Norway, Poland, Portugal, Romania, Russia, Serbia, Slovakia, Slovenia, Spain (incl. Andorra, Gibraltar), Sweden, Switzerland, Turkey, Ukraine, United Kingdom.
I expressly agree to the following provisions of the End User's Terms and Conditions: 3.5 (Service commencement and discontinuance), 4.2 (costs to be reimbursed to the Provider), 4.6 (costs to be reimbursed to the Provider), 5.2 (delayed payments, interest and termination), 5.3 and 5.4 (costs to be reimbursed to the Provider), 6.2, 6.3, 6.4 and 6.5 (limitation of Provider's liabilities), 7.1 (Service Agreement's automatic renewal and termination), 7.2 (no assignment), 7.3 (termination, no reimbursement), 7.4 and 7.5 (termination), 8.2 (force majeure), 8.7 (jurisdiction).
I authorise the Service Provider to store, process and use my personal data (including, without limitation, the transfer of such data to third parties and/or into countries outside the European Union) in compliance with Clause 9 of these END USER'S TERMS AND CONDITIONS for the purpose of providing the Service or in connection therewith. Infiniti Europe and the Service Provider shall keep such data confidential and shall comply with the laws and regulations that govern the protection of such data, and shall ensure that any third party in receipt of the data as specified above shall comply with the laws and regulations that govern the protection of such data.