Terms and Conditions
Effective as of May 31, 2014
As used in this agreement (“Agreement”), the terms "you" and "your" 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 Nissan vehicle equipped with the Nissan Connect services (“Vehicle”). Also, as used in this Agreement, the terms "we," "us," "our" 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 Nissan Connect services and other information referenced in this Agreement are available online at www.nissanconnect.co.za
As described in the Agreement, your Vehicle equipped with Nissan Connect device includes a communication interface used to provide a wide range of services and information aiming at serving you and any other driver or passenger of your Vehicle and to facilitate collection of certain data (the “Connect Services”). The Agreement describes the relationship between you and us regarding the use of the Connect Services.
We work with many different companies to provide you with the Connect 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 Connect Services, including, but not limited to, wireless service providers, suppliers, licensors, distributors and dealers (as applicable).
PLEASE READ ALL PAGES OF THIS AGREEMENT COMPLETELY BEFORE USING ANY NISSAN CONNECT SERVICE AND KEEP A COPY FOR YOUR FILES. READ AND KEEP A COPY OF ANY ADDITIONAL NISSAN CONNECT DOCUMENTS GIVEN OR SENT TO YOU. ANY NISSAN CONNECT DOCUMENTS THAT SAY THEY BECOME PART OF YOUR NISSAN CONNECT AGREEMENT ARE PART OF THIS AGREEMENT IF YOU ACCEPT ANY OF THE SERVICES THEY DESCRIBE.
1. CONNECT SERVICES SUBSCRIPTION PROCESS
1.1. Your Consent. By entering into this Agreement and/or using the Connect Service, you agree to the practices and procedures described in this Agreement.
1.2. Activation of the Connect Services and your consent. You can only get and use the Connect 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 term on-line on the Nissan Connect 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, yourself and on behalf of any other person that uses your Vehicle, 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 Connect Services is attached to your Vehicle and you cannot transfer the Connect Services to another vehicle.
Should you choose not to subscribe to the Connect Services, you will not be able to benefit from the Connect Services.
It is your responsibility to inform all drivers and passengers of the Vehicle who wish to use the Connect Services of the terms and conditions of this Agreement including the data privacy aspects.
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 and will take effect as of the date on which they are posted. Your continued use of the Connect 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 www.nissanconnect.co.za.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 DON'T TERMINATE YOUR AGREEMENT WITHIN 30 DAYS OF THE NOTICE, YOU'RE AGREEING TO THE CHANGE AND IT BECOMES 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 www.nissanconnect.co.za or by calling us at the customer care number.
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.
1.5. ConnectServices /Duration and Termination
1.5.a. Duration. Your Connect Services start as soon as you have accepted the terms of the Agreement by by accepting its terms on-line as set out above. Your Connect Services will remain in force for the remaining term of the three-year period as of the date of activation ("Initial Service Period").
The Initial Service Period is delivered free of charge for a newly purchased vehicle.
If your are the second or subsequent owner of the Vehicle, and if the Connect Services had been activated by a former owner, then your Connect Services will remain in force until the end of the subscription period set by the former owner.
Thirty days before the expiry of the Initial 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 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 Connect 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, YOUR CONNECT SERVICES WILL AUTOMATICALLY RENEW, AS OF THE EXPIRY DATE OF THE INITIAL SERVICE PERIOD, FOR SUCCESSIVE ONE-YEAR RENEWAL PERIODS ("Renewal Service Periods") UNLESS AND UNTIL THE CONNECT SERVICES ARE TERMINATED BY YOU OR US AS ALLOWED IN THIS AGREEMENT.
Each year, thirty 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 Connect Services, your payment account will be automatically charged in consideration of the Connect Services during the Renewal Service Period. By not renewing the Connect services, your subscription will be automatically cancelled at the expiration day.
1.5.b. Your Termination Rights. You can terminate your Connect Services online via the Website or at any time by contacting us. If you terminate the Connect 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 Connect Services later, you will be charged the full price corresponding to a full Renewal Service Period.
1.5.c. Our Termination and Suspension Rights.
We may terminate your Connect 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 Connect Services will end. This means that we can decide to cease providing the Connect 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 Connect Services in the event of termination of any agreement between us and other Service Provider on which we are dependent to provide the Connect Services, we will use our best endeavours to give you the 30-day notice mentioned above.
Also, we may terminate your Connect Services without prior notice to you in circumstances where you breach the provisions of this Agreement and such breach is not capable of remedy. This means, for example, we can terminate your Connect Services immediately if you breach any part of this Agreement and such breach is not capable of remedy, if you interfere with our efforts to provide the Connect Services, if you interfere with our business, or if your Connect Services or wireless phone number is used for illegal or improper purposes. You don't have any right to have Connect Services reactivated, even if you cure any of these problems. We can also suspend your Connect Services for network or system maintenance or improvement, or if there's network congestion, or if we suspect your Connect 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 Connect Services.
We also reserve the right, at our sole discretion, to stop proposing the Connect Services and not to accept the renewal of your Connect Services without incurring any liability whatsoever.
1.5.d. What 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 while you own or hold it prior to the expiry of the Initial Service Period, we ask you to notify us by contacting the Nissan Infodesk or by removing directly the Vehicle from your online garage 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 Connect 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 Connect 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 Connect Services related to the Vehicle, the new owner’s profile will overwrite your profile and your Connect Services subscription will automatically end.
You cannot transfer your Nissan Connect Services to another vehicle. The Nissan Connect Services remain attached to the Vehicle (similar to the warranty). If you sell your Vehicle, your subscription will be automatically transferred to the new owner as long as the new owner proves the ownership by calling the Nissan Infodesk or by registering the Vehicle on the Website
Termination of your Connect Services
If you sell your Vehicle or end its lease, you have the opportunity to terminate this Agreement your Connect Services before removing it from your online garage on the Website but you do not need to do so.
If you do not terminate the Agreement, the subsequent owner of the Vehicle will benefit from the Connect Services for free during the rest of the Initial Services Period or Renewal Service Period as the case may be. His/her subscription to the Connect Services via the Website will overwrite your profile. 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 Connect Services. We do not recommend such action as it will decrease the attractiveness of your Vehicle.
2. FEES, PAYMENT, BILLING AND TAXES POLICY
The Connect Services are free of charge during the Initial Service Period: whatever the date of your subscription, the Connect Services will be provided to your Vehicle free of charge until the end of the Initial Service Period.
If you choose not to renew your subscription to the Connect Services prior to the end of the Initial Service Period, your Connect Services will automatically end at the end of the Initial Service Period. If you choose to renew your subscription according to the process described above, you accept to be charged at the then current yearly subscription fee (“Subscription Fee”) in consideration of the provision of the Connect Services to your Vehicle during the Renewal Service Period. At the time of the first renewal, you will have the possibility 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 Connect Services will be automatically renewed until you express your willingness to terminate the automatic subscription mechanism or terminate the subscription by changing your subscription settings online at www.nissanconnect.co.za
If you are not the first owner of the Vehicle and if the Nissan Connect Services had not been activated by the former owner, you will have to pay the Subscription Fee at the rate then in force to benefit from the Connect Services.
You understand and agree that the subscription to the Connect Services is attached to your Vehicle and you cannot transfer the Connect Services to another vehicle. If you do not own or use your Vehicle during a given Renewal Service Period, we will not reimburse any part of your Subscription Fee unless in the specific events as set out in section 1.5.c of this Agreement.
If you sell or end the lease of your Vehicle in the course of a given Initial Service Period or Renewal Service Period, you understand and agree that the subsequent owner can subscribe to the Nissan Connect Services (thus overwriting your profile) and benefit from the Connect Services free of charge until the end of the said Initial Service Period or Renewal Service Period.
If you purchase or lease a previously owned or leased Vehicle, and if you subscribe to the Connect Services online via the Website, respectively during the Initial Service Period or the Renewal Service Period, you may use the Nissan Connect Services free of charge respectively until the end of the Initial Service Period or until the end the Renewal Service Period.
You understand and agree that your access to some services among the Connect Services requires your use of your mobile phone or Smartphone, and that such services may requires the use of your telephone subscription with your mobile phone operator and consequently generates additional costs, as further explained in section 6.2.
The Connect Services are attached to the Vehicle. Once you have paid the Subscription Fee, you cannot be reimbursed for any reason whatsoever, except in the following limited cases:
3. PERSONAL DATA, DATA PROTECTION
3.1 Use of personal data. We will collect and use certain data in connection with your use of the Connect Services. We will use such data to provide and improve the Connect Services, all focused on serving you and other occupants of your Vehicle. The data we collect might include personal data. By subscribing to and/or using Nissan Connect services, you also consent to the collection and use of personal data by us for the purposes set out in these Terms and Conditions. We will respect your privacy and that of other occupants of the Vehicle.
3.2 Categories of information and personal data we collect. The information and personal data we collect depend on the vehicle specification, the Connect Services subscribed and your use of the Connect Services. We collect the data you provide in connection with your Nissan Connect 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 Connect Services and data to provide such services including: the Vehicle's identification number, description, location, service data, diagnostic information, We further collect billing, payment and claims management data related to the Connect Services.
3.3 Purposes of processing of personal data. We will use the data to provide the Connect Services to you and to enable Nissan and Nissan's dealerships to enhance their services and their communications with their customers. This includes, amongst others, the provision of product information to you, answering questions or addressing your complaints, informing you about terms and offerings in connection with the Connect 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 Connect Services and your subscription account.
We may also use data for statistical purposes, market research and for other research and development purposes in order to improve the Connect Services and our products in general and/or to customize the Connect Services for individual Subscribers or groups of Subscribers. We may also use the data in order to detect or prevent the abuse of the Connect Services by you or any other occupant of the Vehicle.
BY SUBSCRIBING IN THE NISSAN CONNECT SERVICES, SUBSCRIBER CONSENTS, ON BEHALF OF HIMSELF OR HERSELF AND ANYONE USING OR OCCUPYING SUBSCRIBER'S VEHICLE OR MAKING CONTACT WITH US THROUGH ONE OF OUR CONTACT CENTERS, TO SUCH MONITORING AND RECORDING. THIS CONSENT IS INTENDED TO BE CONTINUOUS AND APPLY TO ALL SUCH CONVERSATIONS WITH OUR CONTACT CENTERS OVER TIME.
WE DO NOT SELL, RENT OR TRADE SUBSCRIBER INFORMATION OUTSIDE OF NISSAN OR NISSAN DEALERSHIPS WITH OTHERS EXCEPT WITH YOUR CONSENT.
3.4 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. You may at any time withdraw your consent for the future without incurring any costs (other than your own communication cost) by selecting your preferences online at www.nissanconnect.co.za, by the methods specified in the communications we provide to you, or as otherwise provided by applicable law.
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 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 Connect Services to you and/or maintain your subscription account.
3.5 Transfer of data outside the European Economic Area (EEA) and the Republic of South Africa. Depending on the vehicle specification, the Connect Service subscribed by you and the location where the Vehicle is used some data collected in connection with the operation and use of the Connect Services may be processed or transferred to a third country outside the EEA and the Republic of South Africa. The data protection of any such third country might not offer the same level of data protection as the European Economic Area or the Republic of South Africa. However, 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 the EEA and the Republic of South Africa that will only process any such data in in accordance with our instructions and for the purposes described above.
3.6 Security. We will maintain 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 Connect 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 conversations or 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.
3.7 Storage period. We will retain all personal data 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 these Terms and Conditions. After such time the personal data will be deleted, blocked or anonymised in accordance with the applicable law.
3.8 Disclosure of personal data. We share Subscriber information outside of Nissan with others such as service providers only to provide services for us, or to facilitate communication with the Vehicle purchaser and you hereby consent to us sharing such information. For other purposes, we may provide aggregate statistics about Subscribers and related Connect Services information to third parties, but these statistics will not include any personal identifying information. When required, we may be compelled to release information to comply with the law or binding or enforceable orders of public authorities or courts, or to enforce or apply the terms of these Terms and Conditions for Connect Services.
3.9 Right of access and correction. You can access, correct, modify, delete and/or block personal data in accordance with European and local data protection legislation. To exercise these rights, you can edit your account on the Website or contact the Nissan Infodesk. Any access request may be subject to a fee per request to meet the cost of providing details of the information we hold.
4. SPECIAL INFORMATION ABOUT SERVICE AND SYSTEM LIMITATIONS
Your Connect Services are only available in South Africa
Your Connect Services work using wireless communication networks and the Global Positioning System ("GPS") satellite network. NOT ALL CONNECT 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 SD card may be required). Certain programming limitations of the GPS system may impair our ability to determine your Vehicle's precise location.
5. YOUR RESPONSIBILITIES
5.1. Maintaining Your Account. Your receipt of the Connect Services is dependent upon your activation of the Connect Services as described above. You are responsible for maintaining a valid form of payment for the Connect Services after the expiration of any Renewal Service Period. For any additional information related to account management, please refer to the Website www.nissanconnect.co.za
5.2. Passwords/Registration PIN code. You promise to be fully responsible for the protection of your password and registration PIN code (provided at the dealership during the delivery). Anyone who has your password or registration PIN code may be able to access the Connect Services and neither we nor any Service Provider has any obligation to inquire about the authority of anyone using your password and registration PIN code or other information that can be used to identify your account to request services for your Vehicle.
5.3. Proper Use of the Services. You promise not to use any Connect 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 Connect Services and you cannot use any content you receive through the Connect Services for commercial purposes.
5.4. Safeguarding and Use of Others' Information. Certain information you receive through your Connect Services belongs to us or 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 Connect Services except as expressly authorized by us. 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. SPECIAL NOTICES
6.1. Software, Hardware and Equipment Updates. The Connect Services involve 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 Connect Services system in your Vehicle. We are not responsible for lost data. You do not own the Connect Services software or acquire any rights to use or modify the Connect 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 them to do this remotely without your consent.
6.2. Smartphone Connectivity and Roaming. Part of Connect Services use your data plan to establish a connection with our content providers. Each time, you will peer your supported Smartphone with your Vehicle; the Connect Services system may use your data plan without prior notice. If you do not have an unlimited data plan with your network carrier, it is your responsibility to control the usage of those services. Additionally, in case you cross the borders, without any actions (disable roaming), the Connect Services will continue to operate and you may have to pay additional roaming fee depending on your network carrier.
6.3. Technology and Communications. The Connect Services cannot work unless your Vehicle is in a place where your network carrier has coverage or we have an agreement with a wireless Service Provider for service in that area (depending on the services and Vehicle). The Connect Services also cannot work unless you are in a place where the wireless Service Provider we have hired for that area has coverage, network capacity, and reception when the service is needed, and technology that is compatible with the Connect Services. The Connect Services that involve location information about your Vehicle cannot work unless GPS satellite signals are unobstructed, available in that place and compatible with the Connect Services hardware as well.
6.4. Telecommunications/GPS Changes. The Nissan Connect 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 Connect Services system changes in a way that results in incompatibility of those technologies with your Connect Services system, then your system will not work and we may be forced to terminate your Connect Services. If that happens, we will notify you of the effective date of termination and describe each of our rights and obligations.
65. 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 Connect Services, you also agree to be bound by those additional terms and conditions. You can view these additional terms and conditions online on the Website at www.nissanconnect.co.za.
6.6. 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 Connect Services or your Vehicle's navigation system.
6.7. Geography and Environment. There are other problems we cannot control that may prevent us from providing Connect Services to you at any particular time or place, or that may impair the quality of the Connect 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.
6.8. 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.
6.9. Available Information. The Connect 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. For more information about service availability per country, please refer to the Website at www.nissanconnect.co.za
7. WARRANTIES & LIABILTY
7.1. No Warranties. Warranties are special kinds of promises. Your Vehicle's limited warranty or hardware maker's limited warranty (if applicable) includes the Connect Services equipment in your Vehicle, BUT DOES NOT COVER THE CONNECT 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 CONNECT SERVICES OR ABOUT ANY DATA OR INFORMATION OR SERVICES PROVIDED THROUGH IT OTHER THAN THOSE REQUIRED IN TERMS OF THE CONSUMER PROTECTION ACT 68 OF 2008. THIS MEANS, AMONG OTHER THINGS, NO WARRANTIES OF CONTENT, QUALITY, ACCURACY, TIMELINESS, COMPLETENESS, CORRECTNESS, RELIABILITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OTHER THAN THOSE REQUIRED IN TERMS OF THE CONSUMER PROTECTION ACT 68 OF 2008 . ALL SUCH WARRANTIES, OTHER THAN THOSE REQUIRED IN TERMS OF THE CONSUMER PROTECTION ACT 68 OF 2008, ARE EXPRESSLY EXCLUDED BY THIS AGREEMENT.
7.2. 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 the Republic of South Africa. You and we agree that any disputes arising out of or in connection with this Agreement and/or your use of the Connect Services shall be subject to the exclusive jurisdiction of the courts of the Republic of South Africa and you hereby consent and submit to the jurisdiction of such courts.
8. SPECIAL INFORMATION AND AGREEMENTS ABOUT CERTAIN SERVICES
8.1 Application Services Through your Smartphone data plan, several on-board application services are delivered. At the initial launch of this service, Nissan Connect unit is not compatible with all Smartphone technologies/vendors. Additionally, old 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 www.nissanconnect.co.za.
Application types: To support the connectivity, you have to download the Nissan Connect Application on your Smartphone from the Smartphone Application store.
Some applications are natively installed on the Nissan Connect unit (Email, Calendar). Each time, you will synchronize your emails or calendar; Smartphone connectivity will be utilized. All Email or Calendar providers are not supported. Those applications will be updated over the air to provide new features over the time and additional services will be also available through the on-board App Garage menu.
Smartphone applications can be also replicated on the Nissan Connect unit. Through the Nissan Connect Application, you will have the opportunity to select the Applications you want to display on the Nissan Connect device. All the Smartphone applications are not compatible with the Nissan Connect unit. For the detailed list and roadmap, please refer to the Website at www.nissanconnect.co.za