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Nissan CarWings T&C

Feb 24th, 2016
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  1. TERMS AND CONDITIONS
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  5. NISSAN ELECTRIC VEHICLES
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  10. CARWINGS TERMS AND CONDITIONS OF USE
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  14. These Nissan Electric Vehicle CARWINGS Terms and Conditions of Use (“Terms of Use”) describe the legal relationship between you (an individual, representing yourself, or if applicable, acting as legal representative for a company or other legal entity) (“you”, and/or “your” as applicable) and Nissan Motor (GB) Limited (“Local Controller”) and NISA International SA in Switzerland (“NISA”). Together the Local Controller and NISA are herein referred as “NISSAN”, or “we” or “our”). As described in these Terms of Use, your Nissan Electric Vehicle (your “Electric Vehicle”) is equipped with an advanced navigation system, which includes a communication module used to facilitate collection and use of certain data to provide a wide range of services, including CARWINGS, and information all focused on serving you and any other driver of your Electric Vehicle (“CARWINGS”).
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  16. BY CLICKING “I AGREE” or “OK” DURING THE CARWINGS REGISTRATION PROCESS YOU ACKNOWLEDGE THAT YOU HAVE READ, ACCEPTED, AND AGREED, ON BEHALF OF YOURSELF AND ON BEHALF OF ANY OTHER PERSON THAT USES YOUR ELECTRIC VEHICLE, TO BE BOUND BY THE TERMS AND CONDITIONS OF THESE TERMS OF USE (AND IN PARTICULAR THAT YOU CONSENT TO THE COLLECTION AND PROCESSING OF YOUR PERSONAL DATA BY US IN ACCORDANCE WITH THE PROVISIONS OF THESE TERMS OF USE). IF YOU DO NOT AGREE TO ALL OF THESE TERMS AND CONDITIONS, CLICK ON THE “DECLINE” BUTTON. IF YOU CLICK ON THE “DECLINE” BUTTON, YOU SHALL NOT BE ABLE TO USE OR RECEIVE THE BENEFIT OF CARWINGS. YOU HEREBY GRANT AGENCY AUTHORITY TO ANY PARTY WHO CLICKS ON THE “I AGREE” or “OK” BUTTON ON YOUR BEHALF.
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  18. IN ADDITION TO REGISTERING FOR CARWINGS THROUGH THE CARWINGS WEBSITE, WHOEVER IS USING THE CAR SHALL BE REQUIRED TO AGREE, BY PRESSING “I AGREE” IN RELATION TO A CONSENT STATEMENT PRESENTED ON THE NAVIGATION SCREEN OF YOUR ELECTRIC VEHICLE EACH TIME YOU TURN IT ON, THAT AS PART OF CARWINGS YOUR ELECTRIC VEHICLE TRANSMITS FOR PROCESSING RECORDED VEHICLE DATA, INCLUDING DATA RELATED TO BATTERY STORAGE CAPACITY, DRIVING EFFICIENCY AND IN LIMITED CASES YOUR VEHICLE LOCATION DATA ALL AS MORE PARTICULARLY DESCRIBED IN SECTION 13 OF THESE TERMS OF USE. IF YOU DO NOT PRESS “I AGREE” ON THE START UP SCREEN, CARWINGS WILL BE TEMPORARILY DEACTIVATED UNTIL THE NEXT TIME THE ELECTRIC VEHICLE IS TURNED ON, THE VEHICLE DATA REFERRED TO ABOVE WILL NOT BE TRANSMITTED TO NISSAN AND YOU MAY NOT BE ABLE TO USE THE NAVIGATION SYSTEM.
  19. SHOULD YOU CHOOSE NOT TO REGISTER FOR CARWINGS, YOU WILL STILL BE ABLE TO USE THE NAVIGATION SYSTEM. IF YOU HAVE NOT REGISTERED FOR CARWINGS, NO DATA WILL BE TRANSFERRED FROM THE VEHICLE TO NISSAN.
  20. IT IS YOUR RESPONSIBILITY AS OWNER TO INFORM ALL DRIVERS OF YOUR ELECTRIC VEHICLE OF THE TERMS AND CONDITIONS OF THESE TERMS OF USE AND IN PARTICULAR OF THE PRIVACY ASPECTS.
  21. We may modify these Terms of Use, including the sections relating to privacy, at any time and from time to time in our sole discretion. Any such changes will be posted on the CARWINGS website (and, where appropriate, notified to you by e-mail) and will take effect from the date on which they are posted and your continued use of the CARWINGS system after such date shall constitute your acceptance of and agreement to such revised Terms of Use and/or privacy policy. Notwithstanding the above, we advise you to periodically review these Terms of Use carefully in order to make sure that you are aware of the most current terms and conditions for the use of CARWINGS.
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  23. 1. Your CARWINGS.
  24. Should you choose to activate CARWINGS as described in these Terms of Use, CARWINGS will be available on-board or remotely either using a PC/Mac or compatible internet enabled mobile phone or other devices. The CARWINGS website lists the compatible phones. You may need to download specific applications to your PC/Mac or compatible internet enabled phone in order to activate CARWINGS on those devices. Those applications may be made available by Nissan or by third parties on behalf of Nissan and additional terms may apply to the download or use of those applications.
  25. A dedicated helpdesk will be able to support CARWINGS enquiries. You are kindly requested to inform the helpdesk of any abnormal behaviour of CARWINGS.
  26. The helpdesk can be contacted either by calling 08000 270 075, using the Click to chat/Click to call feature through the Carwings owner portal or sending an email to the following address: evuk@nissan-services.eu.
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  28. 2. Term
  29. Your subscription to CARWINGS will be available at no additional charge from the date of first purchase of the Electric Vehicle as a new car from Nissan for a period of three (3) years after the original and first purchase or lease date of your Electric Vehicle as a new car from Nissan (“Initial Term”). If you wish to continue to use CARWINGS following expiry of the Initial Term, you will need to take out a new subscription which will be subject to a separate agreement and any applicable subscription and/or user fees. If you decide not to take out a new subscription to CARWINGS after the Initial Term, you will no longer be able to use any of the features of the CARWINGS system, but you will be able to continue to use the navigation system.
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  31. 3. What if You Sell Your Electric Vehicle or Purchase a Used Electric Vehicle.
  32. a. If you sell your Electric Vehicle or end its lease or if your Electric Vehicle is scrapped while you own or hold it prior to the expiration of the Initial Term, you undertake to notify us by contacting the helpdesk and to deregister and cancel your subscription through the CARWINGS webportal. If you sell or transfer your Electric Vehicle and fail to notify us and/or cancel your CARWINGS subscription, Nissan will have no way of knowing that the Electric 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 these Terms of Use based on the use or misuse of CARWINGS. Nissan is 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 Electric Vehicle. Whether or not you notify us of your end of lease or sale of your Electric Vehicle, you agree that you shall not, nor attempt to, access or use CARWINGS or any of the vehicle data relating to your Electric Vehicle following the sale, transfer or end of lease of your Electric Vehicle.
  33. b. If during the Initial Term, you purchase or lease a previously owned or leased Electric Vehicle, you may use CARWINGS at no additional charge for the remainder of the Initial Term provided that you have agreed to the terms and conditions of these Terms of Use.
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  35. 4. Subscription Fee.
  36. The use of CARWINGS for the Initial Term is included as part of the purchase price of your Electric Vehicle, even if you purchase or lease a previously owned or leased Electric Vehicle during the Initial Term. You will not be charged any additional fees for the normal use of CARWINGS during this Initial Term. Should you wish to continue to use CARWINGS following the expiry of the Initial Term, such use of CARWINGS following the Initial Term shall be governed by a separate agreement entered into by the parties and shall be subject to Nissan's then current rates and terms and conditions.
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  38. 5. Activating CARWINGS.
  39. For activation of CARWINGS you must register to CARWINGS and accept the terms and conditions of these Terms of Use in order to activate and commence use of CARWINGS. You can register to CARWINGS at any time during the Initial Term by visiting the Nissan owner’s local webpage available at www.nissan.co.uk/CARWINGS and creating your personal account. Once registered for CARWINGS you will obtain your username and password to active CARWINGS in the navigation system of your Electric Vehicle. Activation of CARWINGS shall initiate CARWINGS and trigger the collection and processing of data as described herein. If you choose not to activate CARWINGS, you will not be able to use the features of CARWINGS, but you will be able to use the navigation system.
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  41. 6. Cancelling CARWINGS.
  42. After activation, you may deactivate CARWINGS and thereby cancel your CARWINGS subscription at any time by visiting the appropriate section of the Nissan owner’s local webpage available at www.nissan.co.uk/CARWINGS. Alternatively, you will be able to deactivate CARWINGS temporarily by not pressing the “I agree” button on the start up screen in which case CARWINGS (and the navigation system) will be temporarily de-activated until the next time you turn on the Electric Vehicle. If you cancel or decide not to use CARWINGS during the Initial Term, you will not be entitled to, and Nissan shall not be obligated to provide, any refund of any monies associated with CARWINGS. Cancellation of any subscription after the Initial Term shall be governed by the terms of the separate agreement applicable to such subscription. As per Section 3 of these Terms of Use, you are required to deactivate CARWINGS in the event of the sale, transfer or end of lease of your Electric Vehicle or if your Electric Vehicle is scrapped while you own or hold it.
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  44. 7. Reactivating CARWINGS.
  45. You may reactivate CARWINGS at any time during the Initial Term by visiting the Nissan owner’s local webpage available at www.nissan.co.uk/CARWINGS. Reactivation during the Initial Term will not be subject to any additional charges. If you wish to reactivate CARWINGS following expiry of the Initial Term, you will need to take out a new subscription which will be subject to a separate agreement.
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  47. 8. How Your CARWINGS Works and System Limitations.
  48. CARWINGS is provided by Nissan using an advanced navigation system installed in your Electric Vehicle. It includes a communication module which sends and receives information via wireless and landline communications networks and receives signals from global positioning system (“GPS”) satellites. The availability and use of CARWINGS is subject to many limitations including, without limitation, the following: (a) CARWINGS is only available in Åland (Finland), Albania, Austria, Belarus, Belgium, Bulgaria, Croatia, Cyprus, the Czech Republic, Denmark, Egypt, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxemburg, Malta, the Netherlands, Norway, Poland, Portugal, Romania, Russia, Serbia, Slovakia, Slovenia, Spain, Sweden, Switzerland, Turkey, the United Kingdom; (b) In order to send and receive information the wireless service provider for that area must have coverage, network capacity and reception when CARWINGS is needed and technology that is compatible with CARWINGS; (c) CARWINGS may be impaired by wireless and landline communications problems caused by atmospheric or topographical conditions, busy network, capacity limitations, equipment problems, equipment maintenance, jamming and other factors and conditions; (d) Some remote functions of CARWINGS are available through a compatible internet enabled phone, which must then be located in a network coverage area, or through a computer, which must then be connected to the internet, as applicable, which are not supplied with your Electric Vehicle and must be obtained by you at your own expense; (e) those aspects of CARWINGS that involve location information about your Electric Vehicle cannot work unless global positioning satellite (“GPS”) signals are unobstructed, available in that place and compatible with your Electric Vehicle's hardware and software; (f) Your Electric Vehicle must have a working electrical system (including adequate battery power) for CARWINGS to operate; (g) CARWINGS may not work if you have not maintained your Electric Vehicle in good working order and in compliance with all applicable regulations; (h) CARWINGS may not work if you try to add, connect or modify any equipment or software in your Electric Vehicle (such as plugging devices into the vehicle's electrical system or diagnostic port, or otherwise modifying the Electric Vehicle); (i) CARWINGS may be impaired if your Electric Vehicle is in a location with poor signal reception such as a mountainous area, tall buildings, underground parking, tunnels, weather conditions, or in case of damage to important parts of your Electric Vehicle in an accident; or (j) CARWINGS may fail or be delayed by acts of nature, or forces or causes beyond our reasonable control, including but not limited to weather conditions and the results thereof, public utility failure, acts of war, government actions, terrorism or civil disturbances. Nissan is not responsible for any delay or failure in performance if such failure is caused in whole or in part by factors beyond Nissan's control, including your acts or those of other persons.
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  50. 9. Service Providers
  51. Nissan works with many different companies to provide you with CARWINGS. In these Terms of Use, “Service Provider” means any person, company, subsidiaries or affiliates or entity who provides any service, equipment, or facilities in connection with CARWINGS, including, but not limited to, wireless service providers, suppliers, licensors, public safety answering points, emergency responders and service providers (such as police, fire and ambulance), Electric Vehicle makers, distributors and dealers.
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  53. 10. CARWINGS Website.
  54. You can access and review some of the data collected from your Electric Vehicle in connection with CARWINGS on the Nissan owner’s local webpage provided by Nissan. When you sign up to use the website, you are also asked to create a username and choose a password. This username and password need to be inserted in the navigation system of your Electric Vehicle as described in your Electric Vehicle owner’s manual. You agree to keep your username and password secure and that you are entirely responsible for maintaining the confidentiality of your username and password. You are solely responsible for the activity that occurs through your website account. You agree not to allow any other person to use your username or password, and you agree never to use another person's username or password. You agree to notify Nissan immediately if you suspect any breach of security or unauthorized use of your username and password or website account. Save where you have given us such notification, you agree that Nissan shall be entitled to assume that any person logging into your website account using your username and password is either you or someone doing so with your permission and accordingly you agree that you shall be liable for the actions of any such person logging into your website account or otherwise using your username and password. NISSAN WILL NOT BE LIABLE FOR, AND NISSAN EXPRESSLY DISCLAIMS, ANY COSTS OR LOSSES CAUSED BY ANY UNAUTHORIZED USE OF YOUR USERNAME AND PASSWORD OR WEBSITE ACCOUNT.
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  56. 11. Your Responsibilities.
  57. a. Without prejudice to any applicable warranty, it is your responsibility to make sure your Electric Vehicle and all equipment in the Electric Vehicle are working properly. As between you and Nissan, you agree that you are solely responsible for any use of CARWINGS in your Electric Vehicle, even if you are not the one using it, and even if you later claim the use was not authorized. You are entirely responsible for any transaction with anyone in connection with your use of CARWINGS, and any use that you make of any information received from or through CARWINGS. CARWINGS involves software that we may change from time to time. We may do this remotely without notifying you first. Such changes may affect or erase data such as destinations. We are not responsible for lost data. You do not own any copyright or other intellectual property rights in any software or hardware used by or in conjunction with CARWINGS or acquire any rights to use or modify such hardware or software. The CARWINGS hardware includes a SIM that will remain the property of the applicable network operator. If you make any modifications to the CARWINGS hardware or software, or attempt to use if for any other person, you may invalidate any applicable warranty and in that case we shall not be liable for, or be obliged to repair, any damage you do to such hardware or software or for any future failure of such hardware or software to function properly.
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  59. b. When you use CARWINGS, you promise to do so in accordance with these Terms of Use and in accordance with any fair use policy that we may implement and notify to you through the CARWINGS portal from time to time. In particular you undertake: (a) not to use CARWINGS for any fraudulent, unlawful, or abusive purpose, or in any way that interferes with our provision of services to our other customers; (b) not to abuse or do anything to damage our business operations, services, reputation, employees, facilities, or Service Providers; (c) not to use any content you receive through CARWINGS except as expressly authorized by us; (d) not to resell, copy, store, reproduce, distribute, modify, display, publish, perform, transmit, broadcast, or create derivative works from any content you receive through CARWINGS; and (e) not to use any content you receive through CARWINGS for commercial purposes. If you do any of these things, you agree you will be responsible for and will indemnify, defend, and hold harmless Nissan for any amount anyone else claims against Nissan or our Service Providers, plus any expenses, resulting in whole or in part, from such use or your actions.
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  61. 12. Your Responsibility for Information Received Through CARWINGS.
  62. Certain information you receive through CARWINGS belongs to Nissan or third parties who provide it through Nissan. This information may be covered by one or more copyrights, trademarks, service marks, patents, or other legal protections. You promise not to use any content you receive through Nissan except as expressly authorized under these Terms of Use or otherwise by Nissan in writing. You may not resell any of it or use it for commercial purposes. You shall not copy, store, reproduce, distribute, modify, display, publish, perform, transmit, broadcast, or create derivative works from any of it.
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  64. 13. CARWINGS and Your Privacy.
  65. Transfer of data. CARWINGS enables the Local Controller, NISA and Nissan Motor Co., Ltd. in Japan (“Nissan Japan”) to collect certain data about your Electric Vehicle which they will use to provide a wide range of services and information all focused on serving you and any other driver of your Electric Vehicle ( Local Controller, NISA and Nissan Japan are for the purposes of this Section 13, referred together as “NISSAN”, or “we” or “our”). By registering to activate CARWINGS and ticking the consent tick box at the end of these Terms of Use, you consent to the collection and use of personal data by NISSAN, including the transfer of personal data outside the European Economic Area (“EEA”), for the purposes described in these Terms of Use.
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  67. CARWINGS data regarding the use of your Electric Vehicle is deemed personal data within the meaning of the local and European data protection rules. Local Controller, NISA and Nissan Japan shall each be data controllers within the meaning of these data protection rules in respect of the data that they collect and/or process. NISSAN respects your privacy and that of the other drivers of your Electric Vehicle. These Terms of Use contain information regarding the ways in which NISSAN use the personal data that they collect via CARWINGS.
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  69. Processed Personal Data. The categories of personal data that will be collected and processed include:
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  71. • User account data (including name, address, User ID, password, contact data)
  72. • Navigation system behavior and parameters data
  73. • Certain location data (trip stop and start location, charging location, location information required for the provision of location based services)
  74. • Identification data of vehicle and devices (e.g. vehicle identification number, navigation system ID, embedded SIM ID)
  75. • Data regarding electricity consumption, battery status and charging history
  76. • Operation history data of the vehicle systems and parts
  77. • Status and diagnostic data of vehicle systems and parts
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  79. Purposes of processing of personal data. NISSAN will use the personal data collected via CARWINGS to provide you and any other driver of your Electric Vehicle with CARWINGS and other related services which can improve the utilization, experience and convenience of the Electric Vehicle. In case you have entered into a battery lease agreement for your Electric Vehicle, NISSAN will provide the lease company with the battery data required to administer and fulfill the leasing agreement. NISSAN may use data in order to detect and prevent any abuse of the CARWINGS services. NISSAN may also use data on an anonymous basis in particular for statistical purposes, market research, research & development activities allowing us in particular to improve our products and services, to support infrastructure planning, to provide general information on our products and services and their use to the public or third parties, and to market our products and services.
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  81. The purposes of processing personal data served by CARWINGS are in particular:
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  83. - Operation and administration of your account at Nissan owner’s local webpage.
  84. - Exchange of information and data regarding battery chargers’ locations to keep you and other users informed about charging locations and to support planning of charging locations.
  85. - Receiving information regarding possibilities to reduce the Electric Vehicle’s energy usage.
  86. - Enabling Electric Vehicle driver to remotely control air conditioning.
  87. - Charging the Electric Vehicle more economically, by remotely starting the charging e.g. at night when the electricity rates may be lower.
  88. - Informing you via the website or via other electronic communication of the battery charging status and the charging history.
  89. - Planning drive route.
  90. - Managing battery lifecycle.
  91. - Providing information on the risk of failure of parts, recommended parts replacement and other health check reporting related to your Electric Vehicle.
  92. - Providing certain of the vehicle related information or data to the owner via the Nissan owner’s local webpage, your mobile phone or other devices.
  93. - Providing subscription to information channels, allowing the owner to subscribe to online information services to receive up-to-date information, e.g. the latest weather forecast, news.
  94. - Monitoring of unusual data volumes to identify malfunctions and potential abuses in CARWINGS.
  95. - Providing repair, support and other services in connection with any malfunctions.
  96. - Recall of products and surveillance of products and services.
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  98. We will only use your data to contact you for promotional purposes to the extent permitted by the applicable law or if you have given your prior consent. Even if you do not wish to receive promotional communication from us, we may still communicate with you to provide the CARWINGS services to you.
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  100. Transfer outside the European Economic Area to Nissan Japan. As referred to above, some of the personal data obtained in connection with the registration and use of CARWINGS is collected directly by Nissan Japan and stored in Japan. The data protection legislation in Japan might not offer the same level of data protection as the European and local data protection legislation but NISSAN will take adequate measures to ensure that the personal data it collects is processed and used in accordance with the applicable legislation relating to data protection.
  101. Personal data collected and processed by Nissan Japan may also be processed by staff operating outside the EEA who work for Nissan Japan or for one of its suppliers (including, without limitation, Nissan Japan’s hosting services provider).
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  103. Security. NISSAN will implement appropriate security measures to protect the personal data that is processed. All information collected by NISSAN will be stored on secure servers. Where we have given you (or where you have chosen) a password which enables you to access CARWINGS, you are responsible for keeping this password confidential. We ask not to share a password with anyone. Unfortunately, the transmission of information via the internet and other third party communications networks is not completely secure. Although NISSAN will do its 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. Any transmission is at your risk.
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  105. You agree NISSAN 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 Electric Vehicle, we may continue to send reports or other information about the Electric Vehicle or the account to the address currently on file with us. In such case, we are not responsible for any privacy related damages you may suffer.
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  107. Storage period. Subject to the following exceptions, personal data collected by us will be stored for up to two years after the data has been collected after which time the personal data will be deleted or anonymised. The exceptions are as follows: (i) an exception is made for vehicle average speed and vehicle driving direction information. Such data will be deleted or anonymized immediately after the purpose for which the data was transferred has ended and in any case no more than 30 seconds after being received. An example of a purpose for which such data is used is the downloading of battery chargers’ locations. (ii) an exception is also made for location data. Such data will be deleted or anonymized immediately after the purpose for which the data was transferred has ended and in any case no more than 30 seconds after being received. An example of a purpose for which such data is used is the fact that the location of a battery that is being charged is combined with information regarding the weather at that location at that time, since weather conditions have an impact on battery range and degradation. (iii) an exception is also made for battery information, which will be stored until the battery demounts from the Electric Vehicle. (iv) finally, an exception is also made for CARWINGS and Carwings website subscription data, which will be stored until the Electric Vehicle owner deregisters from CARWINGS or as long as required by applicable laws.
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  109. Disclosure of personal data. Local Controller, NISA and Nissan Japan may disclose personal data to any member of their respective groups, which means their subsidiaries, holding companies and each of their subsidiaries. Local Controller, NISA and Nissan Japan may also disclose personal data to third parties as follows:
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  111. • if they sell or buy any business or assets, in which case they may disclose personal data to the prospective seller or buyer of such business or assets;
  112. • if either of them, or substantially all of their assets, are acquired by a third party;
  113. • if they are under a duty to disclose or share personal data in order to comply with any legal obligation, or in order to enforce or apply these Terms of Use;
  114. • personal data may be disclosed to data processors who may undertake processing on behalf of either Local Controller, NISA or Nissan Japan.
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  116. Any such disclosure of personal data will be undertaken in accordance with European and local data protection laws and will not affect your rights in respect of the data that we hold.
  117. 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 Nissan owner’s local webpage or contact the helpdesk as indicated above. Any access request may be subject to a fee per request to meet the costs of providing details of the information we hold.
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  119. 14. Intellectual Property Rights.
  120. a. Technology. Nissan Motor Co., Ltd. and/or Nissan group companies are and shall at all times be the owners of all right, title and interest in and to any and all intellectual property rights in and to all hardware, software and related technology, used as a part of or in conjunction with CARWINGS (other than any compatible internet enabled phone or PC used to access CARWINGS) including without limitation all patent, copyright, trademark and trade secret rights contained therein. It is prohibited to, and you agree that you shall not (nor make any attempt) to, copy, decompile, disassemble, reverse engineer, make derivative works of or manipulate any technology or data or content stored or incorporated in any equipment used to receive or operate CARWINGS (collectively, “Equipment Technology”), or otherwise modify or tamper with, any such Equipment Technology. You also agree not to upload, post, transmit or otherwise make available any material that contains software viruses or any other computer code, files, or programs designed to interrupt, disable or limit the functionality of CARWINGS or any other of our Equipment Technology. Any and all software contained in your Electric Vehicle is licensed solely for your own use in conjunction with CARWINGS. Furthermore, any and all data and other content of CARWINGS are protected by copyright and other intellectual property laws and all ownership rights remain with Nissan. You are prohibited from any export of the data (or derivative thereof). You may use the Equipment Technology only for your personal, non-commercial use in connection with CARWINGS. Certain real-time traffic and map data is provided by various service providers, which may be changed from time to time at Nissan's sole discretion.
  121. b. Trademarks. Nissan Electric Vehicle, CARWINGS and the Nissan logo are trademarks, service marks or registered marks of Nissan Motor Co., Ltd. (“Marks”). Other trademarks, service marks, graphics, logos and domain names appearing as part of CARWINGS or on any related websites may be the trademarks of third parties. Neither your access to and use of CARWINGS or such websites nor these Terms of Use grant you any right, title or interest or license to reproduce or otherwise use the Marks or any third-party trademarks, service marks, graphics, logos or domain names. Any goodwill in the Marks generated as a result of your use of CARWINGS will inure to our benefit. You shall not at any time, nor shall you assist others to, challenge our right, title, or interest in or to, or the validity of, the Marks or any other intellectual property rights of ours.
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  123. 15. Special Information Concerning the Wireless Service for Your Electric Vehicle.
  124. You do not have any right in the wireless phone number assigned to your Electric Vehicle for use with CARWINGS. You agree that you have no contractual relationship whatsoever with the wireless service carrier and that you are not a third-party beneficiary of any agreement between Nissan and the carrier. IN ADDITION, YOU EXPRESSLY AGREE THAT THE WIRELESS CARRIER HAS NO LEGAL, EQUITABLE, OR OTHER LIABILITY OF ANY KIND TO YOU AND THAT, REGARDLESS OF THE FORM OF THE ACTION, WHETHER FOR BREACH OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY IN TORT OR OTHERWISE; YOUR EXCLUSIVE REMEDY AND THE TOTAL LIABILITY OF THE WIRELESS CARRIER IN CONNECTION WITH THESE TERMS OF USE, INCLUDING FAILURE OR DISRUPTION OF WIRELESS SERVICE, IS SUBJECT TO THE LIMITATIONS OF LIABILITY SET FORTH IN SECTION 17 BELOW.
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  126. 16. No Warranties on Equipment, Information, or Services.
  127. Warranties are special kinds of promises. You may have a limited warranty that includes the equipment in your Electric Vehicle. However, to the fullest extent permitted by applicable law neither Nissan, its Service Providers, nor any third-party beneficiary makes or gives ANY WARRANTIES, EXPRESS OR IMPLIED, about CARWINGS (including the content or other information delivered to you as part of CARWINGS). In addition, Nissan does not promise uninterrupted or problem-free service, and does not 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. TO THE EXTENT PERMITTED BY APPLICABLE LAW NEITHER WE, NOR ANY OF OUR SERVICE PROVIDERS, MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, ABOUT CARWINGS 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, NONINFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE ARE GIVEN IN RESPECT OF THE DATA, INFORMATION OR SERVICES PROVIDED VIA CARWINGS EXCEPT TO THE EXTENT THAT SUCH WARRANTIES ARE IMPLIED BY, AND CANNOT BE EXCLUDED BY, APPLICABLE LAW. ALL SUCH WARRANTIES ARE EXPRESSLY EXCLUDED BY THESE TERMS OF USE TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
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  129. 17. Limitations of Liability.
  130. YOU AND NISSAN ARE EACH WAIVING IMPORTANT RIGHTS. NOTHING IN THESE TERMS OF USE SHALL BE CONSTRUED AS AN ATTEMPT BY EITHER OF US TO LIMIT OR EXCLUDE OUR LIABILITY FOR (I) DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE, (II) FRAUD, (III) ANY OTHER TYPE OF LIABILITY THAT PURSUANT TO APPLICABLE LAW CANNOT BE EXCLUDED. SUBJECT TO THE FOREGOING, WE EACH AGREE AS FOLLOWS:
  131.  
  132. a. WE ARE NOT LIABLE FOR THE ACTIONS OR INACTIONS OF ANY SERVICE PROVIDER WE CONTACT FOR YOU OR YOUR Electric Vehicle, OR FOR OUR INABILITY TO CONTACT ANY SERVICE PROVIDER IN ANY PARTICULAR SITUATION.
  133. b. WE ARE NOT LIABLE TO YOU, AND YOU AGREE TO RELEASE NISSAN, ITS SERVICES PROVIDERS AND ANY THIRD PARTY BENEFICIARY AND ALL OF THEIR RESPECTIVE DIRECTORS, OFFICERS AND EMPLOYEES FROM ALL CLAIMS, LIABILITIES AND LOSSES ARISING FROM, IN CONNECTION WITH OR RELATED TO (i) ANY INJURIES TO PERSONS OR PROPERTY ARISING OUT OF OR RELATING TO YOUR USE OF CARWINGS, OR (ii) ANY DAMAGES ARISING OUT OF OR RELATING TO THE INSTALLATION, REPAIR, OR MAINTENANCE OF CARWINGS BY ANYONE OTHER THAN NISSAN OR ANY EQUIPMENT USED IN CONJUNCTION WITH CARWINGS OTHER THAN EQUIPMENT SUPPLIED BY NISSAN.
  134. c. EXCEPT FOR (I) A BREACH BY YOU OF SECTION 14 (INTELLECTUAL PROPERTY RIGHTS) OR (II) YOUR INDEMNITY OBLIGATIONS SET FORTH IN THESE TERMS OF USE, NEITHER YOU NOR WE CAN RECOVER PUNITIVE DAMAGES, TREBLE, CONSEQUENTIAL, INCIDENTAL, INDIRECT, OR SPECIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS), DAMAGES FOR LOST OR DAMAGED DATA, OR ATTORNEY’S FEES. YOU CANNOT RECOVER THESE TYPES OF DAMAGES OR FEES FROM ANY SERVICE PROVIDER, EITHER. YOU AND WE AGREE NOT TO MAKE, AND TO WAIVE TO THE FULLEST EXTENT ALLOWED BY LAW, ANY CLAIM FOR DAMAGES OTHER THAN DIRECT, COMPENSATORY DAMAGES AS LIMITED IN THESE TERMS OF USE.
  135. d. WE HAVE NO LIABILITY FOR SERVICE INTERRUPTIONS. NO ONE IS LIABLE TO YOU FOR INADEQUATE WIRELESS OR GPS SIGNALS OR INTERRUPTED SERVICE, OR FOR PROBLEMS CAUSED BY OR CONTRIBUTED TO BY YOU, BY ANY THIRD PARTY, BY BUILDINGS, HILLS, TUNNELS, NETWORK CONGESTION, WEATHER, OR ANY OTHER THINGS WE OR OUR SERVICE PROVIDERS DO NOT CONTROL.
  136. e. IF ANOTHER WIRELESS SERVICE PROVIDER IS INVOLVED IN ANY PROBLEM (FOR EXAMPLE, BECAUSE OF ROAMING), YOU ALSO AGREE TO ANY LIMITATION OF LIABILITY THAT IT IMPOSES ON ITS CUSTOMERS.
  137. f. YOU AGREE THAT NEITHER WE, NOR ANY SERVICE PROVIDER WHO SENDS YOU DATA OR INFORMATION THROUGH NISSAN, IS LIABLE FOR ANY ERRORS, DEFECTS, PROBLEMS, OR MISTAKES IN THAT DATA OR INFORMATION.
  138. g. YOU HAVE NO CONTRACTUAL RELATIONSHIP WHATSOEVER WITH ANY OF OUR WIRELESS SERVICE PROVIDERS AND ARE NOT A THIRD PARTY BENEFICIARY OF ANY AGREEMENT BETWEEN US AND ANY OF OUR WIRELESS SERVICE PROVIDERS. YOU WAIVE ANY AND ALL CLAIMS OR DEMANDS FOR SUCH LIABILITY.
  139. h. YOU AGREE THAT THE INFORMATION PROVIDED TO YOU ON THE CARWINGS WEBPORTAL IS INDICATIVE INFORMATION ONLY AND SHOULD NOT BE RELIED UPON. IN PARTICULAR, INFORMATION AS TO THE TIME REQUIRED TO CHARGE THE BATTERY OR THE RANGE OF THE CAR ARE ESTIMATES ONLY AND ARE DEPENDENT ON A RANGE OF FACTORS SUCH DRIVING STYLE, WEATHER CONDITIONS, AGE OF THE BATTERY ETC. MORE INFORMATION AS TO THE OPERATION AND USE OF THE ELECTRIC VEHICLE CAN BE FOUND IN THE CUSTOMER INFORMATION FORM AVAILABLE ON THE CARWINGS WEBPORTAL WHICH IS HEREBY INCORPORATED INTO THESE TERMS OF USE.
  140. i. You agree that the limitations of liability in these Terms of Use will survive even after your subscription has ended and these Terms of Use have terminated. These limitations of liability apply not only to you, but to anyone using your Electric Vehicle, to anyone making a claim on your behalf, and to any claims made by your family, employees, employers, customers, or others arising out of or relating to CARWINGS.
  141.  
  142. 18. Our Right to Terminate or Suspend Your CARWINGS.
  143. We may decide to withdraw or cease provision of the CARWINGS service at any time for any reason whatsoever, including without limitation in the case of use of CARWINGS in breach of any fair use policy implemented by Nissan from time to time or in the event of termination of any agreement between Nissan and any wireless service carrier or other Service Provider on which Nissan is dependent to provide CARWINGS. This means that we can decide to cease providing CARWINGS to you at any time and for any reason, even for reasons unrelated to you or your account with us. If we do decide to withdraw or cease provision of CARWINGS, we will use our reasonable endeavors to give you notice at least 30 days prior to the date on which your service will terminate. In addition, we may terminate your CARWINGS subscription immediately and without notice at any time in the following circumstances:(i) in case of your use of the CARWINGS system being in breach of the fair use policy if any; (ii) you breach any part of these Terms of Use; (iii) you interfere with our efforts to provide service, interfere with our business, or if your CARWINGS is used for abusive, illegal or improper purposes. You do not have any right to have CARWINGS reactivated, even if you cure any of these problems. Whether to allow you to have service again will be entirely up to us. We can suspend your CARWINGS for any reason we could terminate it. We can also suspend it for network or system maintenance or improvement, or if there is network congestion, or if we suspect your service is being used for any purpose that would allow us to terminate it.
  144.  
  145. 19. Force Majeure.
  146. Nissan will not be responsible for the failure to provide CARWINGS to you if caused by any circumstances beyond our control, including without limitation any of the following: any act or omission of any wireless carrier (including interruption of cellular service), any emergency agency or any other third-party service or product provider; equipment failures or shortages; any land or wireless communications networks or the GPS system; acts of nature, labor strikes or war; or any other act or event that is outside of the reasonable control of Nissan. UNDER ANY OF THESE CIRCUMSTANCES, NISSAN MAY AT ITS OPTION SUSPEND OR TERMINATE ALL OR SOME OF CARWINGS OR TERMINATE THESE TERMS OF USE WITHOUT PRIOR NOTICE TO YOU AND WITHOUT ANY LIABILITY. MOREOVER, YOU WILL NOT BE ENTITLED TO A REFUND OR CREDIT.
  147.  
  148. 20. The Law that governs our Relationship.
  149. To the fullest extent permitted by law, and except as explicitly provided otherwise, these Terms of Use and any disputes arising out of or relating to it will be governed by the laws of England without regard to its conflict of law principles, and by any applicable tariffs, wherever filed. You and we agree that any disputes arising out of or in connection with these Terms of Use or your use of CARWINGS shall be subject to the exclusive jurisdiction of the England courts.
  150.  
  151. 21. Notices and How We Communicate with Each Other.
  152. Any written notice from you required by these Terms of Use will be considered given when we receive it at our address: Attn: EV Product Manager, Nissan Motor (GB) Limited, The Rivers Office Park, Denham Way, Maple Cross, Rickmansworth, Hertfordshire, WD3 2YS. Any written notice from us required by these Terms of Use will be considered given when we send it to you by email to any email address you have provided to us, or two (2) days after we mail it to you, based on the postmarked date, at the most current billing address we have on file for you.
  153.  
  154. 22. Who Else is Covered by these Terms of Use?
  155. Our Service Providers and our affiliates are intended beneficiaries of these Terms of Use. You agree that you will make any of your passengers or guests or drivers of your Electric Vehicle aware of our rights and subject to the limitations of these Terms of Use.
  156.  
  157. 23. Our Relationship with You. No matter what else it says, these Terms of Use do not create any fiduciary relationships between you and us, or between you and any of the Service Providers. These Terms of Use do not create any relationship of principal and agent, partnership, or employer and employee, between you and Nissan or you and any Service Provider.
  158.  
  159. 24. We Can Assign these Terms of Use.
  160. We can assign these Terms of Use in whole or in part to anyone we choose. You may not assign these Terms of Use or your obligations to anyone else without Nissan's prior consent.
  161.  
  162. 25. This is the Entire Agreement.
  163. These Terms of Use (these terms and conditions and any other Nissan documents incorporated in them) constitute the entire agreement between you and us. It supersedes all other agreements or representations, oral or written, between us, past or present, and may not be amended save as provided in these Terms of Use. If any part of these Terms of Use is considered invalid by a court or arbitrator, the rest of it will remain enforceable. Even after these Terms of Use have ended, their provisions will govern any disputes arising out of or relating to it (unless it has been replaced by a new agreement between us). It will also be binding on your heirs and successors and on our successors. No waiver of any part of these Terms of Use, or of any breach of it, in any one instance will require us to waive any other instance or breach. IN SOME CIRCUMSTANCES WE MIGHT DECIDE TO PROVIDE YOU SERVICE VOLUNTARILY EVEN IF YOU WOULD NOT OTHERWISE QUALIFY. THIS WILL NOT BE A WAIVER OR REQUIRE US TO DO SO AGAIN. YOU AGREE WE WILL NOT BE LIABLE FOR ANYTHING RESULTING FROM OUR PROVISION OF SUCH SERVICE.
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