Infiniti InTouch Terms & Conditions
Effective as of 03.10.2016
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 Infiniti vehicle equipped with the Infiniti InTouch services (“Vehicle”). Also, as used in this Agreement, the terms "we," "us," "our", “Infiniti” shall be deemed to refer to Nissan Middle East FZE , a company organized and existing under the law of the Jebel Ali Free Zone, Dubai, United Arab Emirates and having its registered office at P.O.Box 61111, Jebel Ali Free Zone, Dubai, United Arab Emirates. In addition, the following persons and entities are intended third party beneficiaries of this Agreement: (i) Nissan Middle East FZE’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 Middle East FZE– Infiniti Business Unit at P.O. Box 61111, Jebel Ali Free Zone, Dubai, United Arab Emirates. Certain Infiniti InTouch services and other information referenced in this Agreement are available online at https://bh.infinitiintouch.com.
As described in the Agreement, your Vehicle equipped with Infiniti InTouch 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 “Infiniti InTouch Services”). The Agreement describes the relationship between you and us regarding the use of the Infiniti InTouch Services.
Please note that the functionalities or services that might be made available in accordance with the terms and conditions of this Agreement depend on the type of your Vehicle, the Vehicle specification and the Infiniti InTouch Services you subscribed. This Agreement might make reference to functionalities, services or related features, capabilities or any data that might not or not yet be available for your Vehicle or are not or not yet included in the Infiniti InTouch Services you subscribed. The relevant terms and conditions of this Agreement shall govern your use of the Infiniti InTouch Services as applicable to your Vehicle and your subscription.
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 (as applicable).
PLEASE READ ALL PAGES OF 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 the terms of the Agreement on-line on the Infiniti InTouch 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 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 drivers and passengers of the Vehicle who wish to use the Infiniti InTouch 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, 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 at https://bh.infinitiintouch.com, or request a copy by emailing us, calling us, or writing us. 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 (after the “Initial Service Period”, as defined under Section 1.5.a below), we will provide you with notice of such change in writing by e-mail. AFTER RECEVING THE SAID NOTICE, YOU MAY TERINATE THE AGREEMENT OR AGREE TO THE CHANGE. IF YOU DON'T TERMINATE YOUR AGREEMENT WITHIN 30 DAYS OF THE NOTICE, YOU WILL BE DEEMED TO AGREE TO THE CHANGE AND IT SHALL BECOME PART OF THE AGREEMENT BETWEEN US. You can get an updated copy of this Agreement, including all of its current terms and conditions, online at https://bh.infinitiintouch.com, or by calling us at the Infiniti Quality Centre’s 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. Infiniti InTouch Services /Duration and Termination
1.5.a. Duration. Your Infiniti InTouch Services start as soon as you have accepted the terms of the Agreement by executing the Agreement at the dealership (newly purchased vehicle) or by accepting its terms on-line as set out above. Your Infiniti InTouch Services will remain in force for the remaining term of the three-year period as of the date of the delivery of the Vehicle at dealership ("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 Infiniti InTouch Services had been activated by a former owner, then your Infiniti InTouch Services will remain in force until the end of the subscription period set by the former owner.
Ninety 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 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, YOUR Infiniti InTouch 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 Infiniti InTouch SERVICES ARE TERMINATED BY YOU OR US AS ALLOWED IN THIS AGREEMENT.
Each year, ninety 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 Infiniti InTouch Services, 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.
1.5.b. Your Termination Rights. In the course of a Renewal Service Period, 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 a 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.
1.5.c. 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 other 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. Should such a termination occur during a Renewal Service Period, we will reimburse part of the Subscription Fee pro rata temporis as further explained in section 2.
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 proposing the Infiniti InTouch Services and not to accept the renewal of your Infiniti InTouch 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 Infiniti Quality Centre 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 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, your subscription will be automatically transferred to the new owner as long as the new owner calls the Infiniti Quality Centre and registers the Vehicle on the Website, with the new registration PIN code provided by the Infiniti Quality Centre, upon proof of ownership submitted by the new owner.
Termination of your Infiniti InTouch Services
If you sell your Vehicle or end its lease in the course of a Renewal Service Period, you have the opportunity to terminate this Agreement your Infiniti InTouch 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 Infiniti InTouch Services for free during the rest of the Initial Services Period or Renewal Service Period as the case may be and his/her subscription to the Infiniti InTouch Services via the Website will overwrite your profile. By terminating this Agreement in the course of a 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.
1.5.e. What if your Vehicle is destroyed in an accident? If your Vehicle is destroyed in a car accident, you undertake to notify us by contacting the Infiniti Quality Centre. After proving the damage (insurance form/ police report), we will refund any amounts you have paid in advance for the Infiniti InTouch Services pro rata temporis.
2. FEES, PAYMENT, BILLING AND TAXES POLICY
The Infiniti InTouch Services are free of charge during the Initial Service Period: whatever the date of your subscription, the Infiniti InTouch 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 Infiniti InTouch Services prior to the end of the Initial Service Period, your Infiniti InTouch 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 Infiniti InTouch 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 Infiniti InTouch 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 https://bh.infinitiintouch.com.
If you are not the first owner of the Vehicle and if the Infiniti InTouch 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 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 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., 1.5.e. 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 Infiniti InTouch Services (thus overwriting your profile) and benefit from the Infiniti InTouch 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 Infiniti InTouch Services online via the Website, respectively during the Initial Service Period or the Renewal Service Period, you may use the Infiniti InTouch 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 Infiniti InTouch Services requires your use of your mobile phone or Smartphone, and that such services may require the use of your telephone subscription with your mobile phone operator and consequently generates additional costs, as further explained in section 6.2.
The Infiniti InTouch 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:
· If the Vehicle is destroyed in a car accident
· If we terminate the Infiniti InTouch Services for convenience as set out in section 1.5.c.
In such cases, we will reimburse you for the remaining unused part of the Subscription Fee, on a monthly basis. For instance, for a one-year subscription period starting 1 January, if an event mentioned above occurs on 5 November, we will reimburse you 1/12 of the Subscription Fee (corresponding to the month of December).
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 Infiniti InTouch Services. We will use such data to provide and improve the Infiniti InTouch 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 Infiniti InTouch 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 Infiniti InTouch Services subscribed and your use of the Infiniti InTouch Services. We collect the data you provide in connection with your Infiniti InTouch 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 Infiniti InTouch 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 Infiniti InTouch Services.
3.3. Purposes of processing of personal data. We will use the data to provide the Infiniti InTouch Services to you and to enable Infiniti and Infiniti'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 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 statistical purposes, market research and for other research and development purposes in order to improve the Infiniti InTouch Services and our products in general 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.
BY SUBSCRIBING IN THE Infiniti InTouch 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 INFINITI OR INFINITI 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 https://bh.infinitiintouch.com, 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 Infiniti InTouch Services to you and/or maintain your subscription account.
3.5. Transfer of data outside Bahrain. Depending on the vehicle specification, the Infiniti InTouch Service subscribed by you and the location where the Vehicle is used some data collected in connection with the operation and use of the Infiniti InTouch Services may be processed or transferred to third countries outside Bahrain, including to Sweden, Ireland and Netherlands, where our Service Providers are operating. The data protection of any such third country might not offer the same level of data protection as in Bahrain. 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 and 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 Infiniti and Infiniti 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 Infiniti InTouch services to Subscribers, voice and data are transmitted between Infiniti 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 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. For other purposes, we may provide aggregate statistics about Subscribers and related Infiniti InTouch 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 Infiniti InTouch Services.
3.9. 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 Website.
4. SPECIAL INFORMATION ABOUT SERVICE AND SYSTEM LIMITATIONS
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 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 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 the Infiniti InTouch Services after the expiration of any Renewal Service Period. For any additional information related to account management, please refer to the Website.
5.2. Passwords/Registration PIN code. You promise to be fully responsible for the protection of your password and registration PIN code. Anyone who has your password or registration PIN code 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 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 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.
5.4. Safeguarding and Use of Others' Information. Certain information you receive through your Infiniti InTouch 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 Infiniti InTouch 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 Infiniti InTouch 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 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 them to do this remotely without your consent.
6.2. Smartphone Connectivity and Roaming. Part of Infiniti InTouch Services use your data plan to establish a connection with our content providers. Each time, you will pair your supported Smartphone with your Vehicle; the Infiniti InTouch 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 Infiniti InTouch 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 Infiniti InTouch Services cannot work unless your Vehicle is in a place where your network carrier has coverage. 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.
6.4. 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 technology or GPS technology used by your Infiniti InTouch Services system changes in a way that results in incompatibility of those technologies with your Infiniti InTouch Services system, then your system will 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.
6.5. 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. You can view these additional terms and conditions online on the Website at https://bh.infinitiintouch.com.
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 Infiniti InTouch 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 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.
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 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. For more information about service availability per country, please refer to the Website at https://bh.infinitiintouch.com.
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 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, NO WARRANTIES OF CONTENT, QUALITY, ACCURACY, TIMELINESS, COMPLETENESS, CORRECTNESS, RELIABILITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. ALL SUCH WARRANTIES ARE EXPRESSLY EXCLUDED BY THIS AGREEMENT.
7.2 Liability. Subject to any liability which cannot be excluded or limited under applicable law, 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, Royal demise or action of government. We will not be liable to you or anyone else for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your smartphone, computer equipment, computer programs, data or other proprietary material due to your use of the Infiniti InTouch Services or our Website, or on any website linked to it.
7.3. 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 Kingdom of Bahrain 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 and/or your use of the Infiniti InTouch Services shall be subject to the exclusive jurisdiction of the courts of the Kingdom of Bahrain.
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, Infiniti InTouch 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 https://bh.infinitiintouch.com.
Application types: To support the connectivity, you have to download the Infiniti InTouch Application on your Smartphone from the Smartphone Application store.
• Some applications are natively installed on the Infiniti InTouch 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 Infiniti InTouch unit. Through the Infiniti InTouch Application, you will have the opportunity to select the Applications you want to display on the Infiniti InTouch device. All the Smartphone applications are not compatible with the Infiniti InTouch unit. For the detailed list and roadmap, please refer to the Website at https://bh.infinitiintouch.com.
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.