Welcome to NissanConnect
You are not travelling alone in this journey. We are travelling with you to keep your ride smooth and safe!
Nissan Connect Application is owned and managed by Nissan Motor India Private Limited whose registered office is located at.
These Terms of Service (“Terms of Service”) are a legal and binding agreement between Nissan Motor India Private Limited and/or its affiliates (“Nissan” or “We” or “Us” or “Our”) as provider of the Services (as defined below) and you as user of the Services and/or of any related software (“You” or “Your”).
These Terms of Service stipulate the legal relationship between You and Nissan and Your use of, and access to the Application (defined below), and Services (defined below).
1.1 We offer the Services on all Nissan passenger vehicles sold under the brand name ‘Nissan’ (“Vehicle”), and You may avail the Services either by purchasing a telematics control unit with an integrated SIM (“Device”) at the time of purchasing Your Vehicle or purchasing the Device from an authorized dealer if You are an existing owner of a Vehicle. The Device can only be purchased from an authorized dealer and not from an existing Vehicle user. The Device can be transferred to third parties along with the Vehicle but the SIM (as defined below) is non-transferable and cannot be resold upon sale of Your Vehicle to a third party. However, should You wish to exchange Your Vehicle for a new Vehicle, You may approach Our support center to transfer the SIM from Your existing Vehicle to Your new Vehicle.
1.2 The Services will be activated upon installation of the Device in Your Vehicle and a mobile application (“Application”) on Your smartphone (“Smartphone”).
1.3 The Device will be installed in Your Vehicle and integrated with suitable back end infrastructure (“Infrastructure”) which enables a telematics solution called ‘NissanConnect’ (“Platform”) through the Application. The Platform, will in conjunction with the Device and Application, integrate Vehicle information and infotainment systems to provide You with varied innovative functionality (“Services”). The Services may be geo-restricted and may only be available in the country of Your purchase of Your Vehicle.
1.4 he Application requires an active 2G or higher cellular data network coverage for the operation of the Services. You may be charged additional data charges by Your network carrier for the usage of such coverage by the Application or Services. However, certain functionalities forming part of the Application may not operate on an active 2G network and may require an active 3G or higher cellular data network to function.
1.5 All Services may not be available on the Application if adequate permissions are not granted for its functioning on Your Smartphone.
1.6 You will be required to pay a fixed fee in accordance with the terms hereunder, for availing the SIM (“Fee”). The payment method and payment plan shall be notified to You at the time such Fee becomes payable.
1.7 For details of the Services, please see the e-manual available at the webportal – www.nissanconnect.in
1.8 We may choose to modify, activate, terminate or suspend the Services, or any part thereof at any time without notice.
1.9 The Device and the Application are being provided to You solely for the purpose of providing the Services and should not be used in any manner to circumvent, violate or breach any applicable laws including traffic laws, or road safety guidelines.
1.10 Please review these Terms of Service from time to time. We reserve the right to amend and/or modify all or any of these Terms of Service at Our sole discretion without notice. These amendments and/or modifications shall become effective immediately upon being published on the Application. Typically, changes are introduced to comply with changes in applicable law, telecommunications operator requirements or any other applicable custom. Your continued use of the Application and/or the Services following any such amendment and/or modification indicates Your acceptance of the same.
1.11 You are responsible for all activity in connection with the Service or Your Account.
1.12 Operators, equipment suppliers and their customers (including their resellers) may have additional policies that are applicable with respect to the use of the Service.
1.13 Nissan reserves the right to suspend use of the Services and related software for nonpayment of Fees, apparent Device or Application malfunctions and perceived violations of these Terms of Service.
2.1 Subject to completing the Know Your Customer (“KYC”) process as specified in Paragraph 134, and as a condition to using the Service, You will be required to create a user account (“Account”) on the Application by selecting a unique user name (“User ID”), password and a car PIN. In order to create Your Account, You will required to share personal information with Nissan including but not limited to Your name, email address, phone number, gender, birthdate, country of residence location, and car details such as Vehicle identification number or chassis number (“VIN”), car model, serial number, and name of the dealership from where the Vehicle has been purchased. You shall ensure that You provide Nissan with true, accurate, complete, and updated registration information. You will not (i) select or use as a User ID a name of another person with the intent to impersonate that person; or (ii) use as a User ID a name subject to any rights of a person other than You without appropriate authorization. Should there be any change in Your personal information, please update the same without delay on Your Account page on the Application.
2.2 You must also have a valid e-mail address since all communication, including any authentication process, between You and Nissan, shall take place through e-mail.
2.3 Only one Account can be created per Vehicle and accordingly, You will create only one Account and will not create successive Accounts unless the previous Account is duly deleted.
2.4 You will be responsible for all information and content posted under Your Account.
2.5 Your registration is country specific and therefore, You will not be able to access the Application from any country other than the country from where You have subscribed to the Application.
2.6 You are solely responsible for the confidentiality of the username and password used by You to access the Application, Services and/or the Content (as defined below) and You shall not disclose the same to anybody and shall take all possible care to prevent discovery of the username and password by any person. We are not liable for any unauthorized access to the Application and should any unauthorized access lead to breach of any of these Terms of Service, You as the Account owner shall be held solely liable. You are therefore advised to not share or disclose Your Account information with any third party. You agree that Your Account is meant for Your personal use and must not be used by any third party. Should We suspect any fraudulent activities through Your Account, We reserve the right to delete or suspend Your Account until the issue is resolved.
3. Acceptance of the Terms of Service
3.1 Your acceptance of these Terms of Service implies that You have the capacity to enter into a legally binding contract as per applicable law, in particular, the Indian Contract Act, 1872.
3.2 We reserve the right to restrict access to Our Application and all of the Services provided therein, if You have been or We have reasonable grounds to believe that You have been convicted of an offence which involves moral turpitude or any offence under the Indian Penal Code, 1860.
3.3 By agreeing to use Our Application and Services:
- (a) You agree that You are eighteen 18 (eighteen) years of age or above, or the age of majority in the jurisdiction from where You are accessing the Application;
- (b) Our Services are designed to be compliant with the laws of India and are aimed at users in India however, Our Services may be made available in jurisdictions outside India at Our sole discretion. If You access Our Services from locations outside India, You agree and acknowledge that You do so at Your own risk and You are solely liable for compliance with applicable local laws. Nissan shall carry no liability for any loss or damage arising out of Your use of Our Services;
- (c) You warrant that all information provided by You on the Application is true, current, complete and accurate and that should Your information change at any time during Your use of the Application, You shall update Your information to ensure it remains true, current, complete and accurate at all times;
- (d) You agree that the availability of Our Services and/or any content made available on the Platform (“Content”) and Your ability to access the Application, Services and/or Content is subject to Our sole discretion. You acknowledge that Our Services may not be available at all times;
- (e) You agree that the quality of the Application and/or Services may vary depending on a variety of parameters such as Your location, Internet and mobile network availability and speed, network coverage being received by the SIM, etc.;
- (h) You agree that Nissan has the right to suspend Your access to the Services at any time for any purpose, without notice.
4. Ownership and Restrictions
4.1 Nissan or its licensors, owns all right, title and interest in the intellectual property rights to the Device, Platform, Application, underlying software, user interfaces, Services and Content, including the graphics, images, photographs, logos, trademarks, the appearance, organization and layout of the Application. You agree that by accessing the Application, no right, title or interest in the Application, software, user interfaces, Services or Content shall be deemed transferred to You. To be clear, no express or implied license to any Nissan patents is conferred in connection with use of the Service and related software.
4.2 If at any time, You make any submissions via or on the Applications, including but not limited to details of Your trip, photographs and comments (collectively, “Submissions”) You assign all rights in these Submissions to Nissan. Hereafter, We shall be entitled to use the Submissions for any purpose whatsoever, without compensation to the maker of the Submission or identifying the source. In any event, such Submissions are not and will not be treated as confidential and We shall not be liable for any disclosure of the Submissions.
4.3 Except as provided in these Terms of Service, You may not use or access the Application and/or Services in a manner not expressly provided for under these Terms of Service.
4.4 You agree to not circumvent, remove, alter, deactivate, degrade, or thwart any of the protections in the Application.
4.5 You acknowledge that You are using the Application on Your own initiative and You agree to use the Application, Services and Content in accordance with all applicable laws, rules and regulations.
4.6 You shall use the Application only for its intended purposes in a bona fide manner. In addition to the restrictions provided above, You further agree to use the Application and/or the Services in a lawful manner and not to:
- (a) Use the Application and/or Services for any purpose that is unlawful or prohibited by the Terms of Service;
- (b) Attempt to or gain unauthorized access to any portion or feature of the Application including accounts, or any other systems or networks connected to the Platform or to any server, computer, network, or to any of the Services by hacking, password “mining” or any other illegitimate means;
- (c) Directly or indirectly solicit the Aaccount information of other users or access or try to access any Account which does not belong to You;
- (d) Probe, scan or test the vulnerability of the Application, Device or any network connected to the Application or Services or breach the security or authentication measures on the Application or any network connected to the Application;
- (e) Extract data from the Application;
- (f) Attempt to circumvent the regular operation of the Application, or reduce the Fees or consideration that We may derive from the Application by any means including by creating multiple accounts, redirecting traffic or following other fraudulent or deceptive practices;
- (g) Collect any user information through automated means, including but not limited to bots, robots, spiders and scrapers without Our prior written permission;
- (i) Make any statement(s) or comment(s) on the Application which is/are inaccurate, false, unfair or defamatory to Nissan or other users or which violates the legal right of others;
- (j) Use the Application and/or Services to harass or harm another person;
- (k) Use the Application and/or Services to exploit or endanger a minor;
- (l) Use the Application and/or Services to impersonate or attempt to impersonate any person or entity;
- (m) Violate any intellectual property right, trade secret, privacy, publicity or other proprietary right;
- (n) Introduce or engage in activity that involves the use of viruses, software disabling codes, bots, worms, or any other computer code, files or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of or access to a computer or a computer network;
- (o) Attempt to decipher, decompile, disassemble or reverse engineer any of the software, applications and/or any element comprising the Application, the application for accessing the Platform, or the Services;
- (p) Interfere with, damage, disable, disrupt, impair, create an undue burden on, or gain unauthorized access to the Application, including Nissan's servers, networks or Accounts;
- (q) Attempting to interfere with, disrupt or disable service to any user, host or network, including, without limitation, via means of overloading, “flooding”, “mail-bombing” or “crashing”;
- (r) Forge any TCP/IP packet header or any part of the header information in any e-mail;
- (s) Access the Application through any automated means, including "robots," "spiders," or "offline readers";
- (t) Use the Services in a manner inconsistent with any and all applicable law including but not limited to laws and regulations related to export, spamming, privacy, consumer and child protection, obscenity or defamation;
- (u) Use the Application and/or Services for any other purpose other than for personal use;
- (v) Use the Application and/or Services for timesharing or service bureau purposes or otherwise for the benefit of a third party;
- (w) Remove any proprietary notices or labels with respect to the Service;
- (x) Use the Services or access it, as applicable, in order to build a competitive product or service, build a product or service using similar ideas, features, functions or graphics of the Service, or copy any ideas, features, functions or graphics of the Service;
- (y) Post, upload or otherwise transmit or link to content that is threatening, abusive, obscene, excessively violent, invasive of another’s privacy, publicity or other rights;
- (z) Post, upload or otherwise transmit or link to content that is tortious, false or misleading or is defamatory, libelous, hateful or discriminatory;
- (aa) (aa) Post or upload any content or information to advertise or promote competing services;
- (cc) Use the Application and/or Services for any other purpose other than for personal use;
- (dd) Upload or post any content or information which is inconsistent with any and all applicable law including but not limited to laws governing motor vehicles and advertising; or
- (ee) Attempt, facilitate, induce, aid and abet, or encourage others to do any of the foregoing.
4.7 Further, You agree and acknowledge that the SIM is being provided as part of the Device to enable provision of the Services and that You represent, warrant and covenant that You shall not:
- (a) Extract the SIM from the Device;
- (b) Use the SIM or the Device for any purpose other than to avail the Services including for accessing the internet, making calls, etc.;
- (c) Transfer the SIM to any third party without the prior written consent of Nissan;
- (d) Export or import the Device;
- (e) Use the Device for any purpose other than for availing the Services; or
- (f) Use the Device outside the Vehicle in any manner.
5.1 We reserve the right to store and retain any and all information provided by You including the Services used, information including personal information and Account details to comply with applicable laws.
6. Use of third party services
6.2 Nissan has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed by any third party that You interact with through the Services. In addition, Nissan will not and cannot monitor, verify, censor or edit the content of any third party service. By using the Services, You release and hold Us harmless from any and all liability arising from Your use of any third party or service.
7.1 Service, including failing to pay the Fees when due, or any applicable law, We reserve the right to terminate Your Account without any notice or refund and deactivate Your Device. We may, at Our sole discretion, refuse to reactivate Your Account if the same has been deactivated for any of the foregoing reasons. Notwithstanding the foregoing, if Your Account has been deactivated due to Your failure to pay the Fees when due, You may reactivate Your Account by paying the Fees due.
8. For Test Drivers
9. Cancellation of Your Account Should You wish to cancel Your Account, You may do so on the Application under Your Account page. In addition to cancelling Your Account on the Application, You will also be required to contact Your dealer to return the SIM and complete other actions as requested by the dealer to ensure the cancellation process is complete.
10. Warranties and Disclaimer
10.1 The warranty period for the Device for Nissan will be 12 (twelve) months or / the completion of 20,000 (twenty thousand) kms kilometers by the Vehicle, (whichever occurs earlier.
10.2 The Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by NissanISSAN or by third-party providers (such as Telecom Service Providers (“TSP”)), or because of other causes beyond Nissan's reasonable control. NISSAN DOES NOT WARRANT THAT USE OF THE SERVICE OR RELATED SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE OR RELATED SOFWARE. EXCEPT AS PROVIDED HEREIN, THE SERVICE, APPLICATION, CONTENT, AND RELATED SOFTWARE ARE PROVIDED “AS IS” AND NISSAN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, COMPLETENESS, AVAILABILITY, SECURITY, COMPATIBILITY AND NONINFRINGEMENT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. YOU ACKNOWLEDGE THAT THE FUNCTIONING OF THE APPLICATION IS NOT ERROR FREE, UNINTERRUPTED OR FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS.
10.3 IN NO EVENT WILL NISSAN (OR ITS DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, PRINCIPALS, LICENSORS AND SUPPLIERS) BE LIABLE TO USER FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR INCIDENTAL DAMAGES IN CONNECTION WITH THE SERVICE, APPLICATION, CONTENT OR RELATED SOFTWARE, ANY THIRD-PARTY INTERNET MATERIALS OR USE OF THE OPERATOR NETWORK. WHERE THE LAWS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY, IN SUCH JURISDICTIONS, NISSAN’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
10.4 USE OF THE SERVICE OR RELATED SOFTWARE IN CONNECTION WITH MEDICAL, EMERGENCY, ENVIRONMENTAL, MILITARY, AVIATION, NUCLEAR OR SIMILAR APPLICATIONS THAT REQUIRE FAIL-SAFE TECHNOLOGY IS NOT RECOMMENDED BECAUSE THE SERVICE IS NOT DESIGNED OR INTENDED FOR THESE APPLICATIONS. ALL USE OF THE SERVICE AND RELATED SOFTWARE IS AT USER'S OWN RISK.
10.5 You agree and acknowledge that, in emergency or SOS situations, the Application (including features such as SOS, Impact Alert, Curfew Alert, Geofence Alert, Chauffer Alert and Tow Away Alert) and the Services (i) may not function if sufficient network coverage is not available on Your Smartphone and/or Device; (ii) may not function at a remote location or may transmit incorrect physical location information based on the network coverage; or (iii) may be affected by Force Majeure Events (defined below) or other factors such as the quality of the cellular network and network congestion. We disclaim any liability that may arise from such non-availability of the Application and/or the Services.
10.6 We do not warrant that:
- (a) The Application and/or Our Services will be constantly available or available at all. We shall have no liability to You for any interruption or delay in access to the Application or Services availed through it, irrespective of the cause;
- (b) The information on the Application or given through Services is complete, true, accurate or non-misleading;
- (c) That the Application is secure or free of viruses, Trojans or other malware; or
- (d) The Application, Content and/or Services do not infringe any intellectual property rights.
10.7 You undertake to use due and reasonable care in piloting the Vehicle and to not place excessive reliance on the Services for the same.
10.8 We reserve the right to modify the Application, Our technology and/or Services from time to time. This may vary the results that You derive by using the Application.
11. Confidentiality. You agree and acknowledge that the Services (and related information provided to You) represents valuable proprietary information of Nissan and that unauthorized dissemination or use of this information is prohibited and could cause irreparable harm to Nissan. You will hold such information in confidence, including the results of any evaluation, and will only use such information in connection with the Service. You will not disclose such information to any person or entity that is not bound by these Terms of Service. The foregoing does not apply to information that: (i) is or lawfully becomes a part of the public domain; (ii) was previously known without restriction on use or disclosure; (iii) is rightfully received from a third party; (iv) is independently developed; (v) is approved for release by Nissan; or (vi) is disclosed in response to a valid order of a court or lawful request of governmental agency or as otherwise required by law, provided that You have first notified Nissan to enable it to secure an appropriate protective order.
12. Indemnification. You agree to defend, indemnify and hold harmless Nissan, its affiliates, directors, officers, employees and agents from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from (i) Your use of and access to the Application, Services and SIM (including any unauthorized, wrongful, unlawful or illegal use); (ii) Your violation of any term of the Policies; (iii) Your violation of any third party right, including without limitation any privacy, publicity or intellectual property right; (iv) Your breach of applicable law(s); or (v) any unauthorized, wrongful, unlawful or illegal use of Your Account by a third party with or without Your consent.
13. Support If You have any questions, complaints, grievances or claims with respect to Your use of the Application, Services and/or Content, please reach out to Our support help desk at Toll Free Number 1800 209 3456 or Email firstname.lastname@example.org or log a trouble ticket on the ‘Help’ section of the Application.
14.1 Force Majeure We shall not be held liable whatsoever in the event of failure to deliver the Services under these Terms of Service or any portion thereof occasioned by an act of God, war, disease, revolution, riot, civil commotion, strike out, terrorist attack, network maintenance, service maintenance, server maintenance or any other cause beyond Our reasonable control.
14.2 Survival Obligations which by their nature would continue beyond termination or expiration of these Terms of Service will survive termination or expiration of these Terms of Service including but not limited to Your representations, undertakings and warranties under these Terms of Service and clauses relating to indemnity, disclaimer of warranties, restrictions, Ggoverning Law and jurisdiction.
14.3 Severability and Waiver If any provision of these Terms of Service is unenforceable or invalid, void or unenforceable, then that provision shall be considered severable and the rest of the Terms of Service will continue in full force and effect. Any failure to exercise promptly any right under these Terms of Service shall not constitute a waiver of that right.
14.5 Governing Law and Dispute Resolution
- (a) This Agreement will be governed by the laws of India as applicable between residents, without giving effect to its principles of conflict of laws (“Governing Law”). In the event of a dispute arising out of or relating to these Terms of Service, including any question regarding its existence, validity or termination, the parties shall, at the first instance try to resolve the dispute amicably by mutual discussions, and if the parties are unable to do so then, they may refer the dispute to, and finally resolve by, arbitration. In any arbitration commenced pursuant to this clause, (i) the number of arbitrators shall be 1 (one), jointly appointed by the parties; (ii) language of arbitration proceedings shall be English, and (iii) the seat, or legal place, of arbitration shall be. The arbitration shall be confidential proceedings, closed to the general public. The arbitration shall be governed by and administered by the Mumbai Singapore International Arbitration Centre (“SIAC”) in accordance with the Arbitration Rules of the Singapore International Arbitration Centre ("SIAC Rules") for the time being in force, which rules are deemed to be incorporated by reference in this clause.
- (b) Neither party shall be entitled or permitted to commence or maintain any action in a court of law with respect to any matter in dispute until such matter shall have been submitted to arbitration as herein provided and even then only for the enforcement of the arbitrator’s award; provided however, that prior to the appointment of the arbitrator or for remedies beyond the jurisdiction of an arbitrator, at any time, either party may seek relief exclusively in any of the courts of competent jurisdiction in , India without thereby waiving its right to arbitration of the dispute or controversy under this clause. Subject to the foregoing dispute resolution clause, both parties submit to exclusive jurisdiction of the courts at, India.
15. Connectivity Terms and Conditions In addition to all other terms in this Terms of Service, the below terms specifically apply to Your use of the SIM Services.
15.1 At the time of purchasing the Device from the authorized dealer, You are required to complete the Know-Your-Customer process. You will be required to provide copies of a valid government issued identity card and an address proof along with a photograph (“KYC Documentation”), in accordance with applicable laws and the same shall be attached to Your Customer Acquisition Form (“CAF”) which You will be required to duly sign for the purposes of subscribing to the SIM Services. You will be required to keep the KYC Documentation current at all times and update it promptly upon Your particulars undergoing any change.
15.2 Definitions: The following terms
shall have the meaning ascribed to them below for the purposes
of this Paragraph 14:
“Authorities” shall mean the Government of India, Ministry of Communications and Information Technology, Department of Telecommunications (“DoT”), Telecom Regulatory Authority of India, Telecom Dispute Settlement Appellate Tribunal, the relevant State Government or other statutory and local authorities, tribunals, etc. as the case maybe.
“Company” means the Telecommunication Service Provider (including its successors and assigns, as the case may be) that will provision network connectivity for the SIM.
“Due Date” shall mean the date prescribed by the Company in the bill/statement of Fees for making payment of the Fee amount by You.
“License” shall mean the Universal Services license granted by DoT to install, maintain and operate the SIM vide the license agreement executed between the Company and DoT.
“Network” shall mean Company's telecommunications network through which SIM Services are made available.
“SIM Service(s)” shall mean telecommunication services which can be offered, under Licenses obtained by the Company, through its Network.
“SIM” shall mean the removable user identification module bearing unique mobile number for use with the Device that has been provided by the TSP.
“GSM” shall mean Global System for Mobile Communications.
15.3 Provision of SIM Services
- (a) SIM Services shall be available to You all across India. Subject applicable law, the SIM Services shall also be available in all the other Telecom Circles for which the Company has been licensed to provide the SIM Services.
- (b) The Company may temporarily suspend whole or part of the SIM Services at any time without notice, if the Network fails or requires modification or maintenance. Services.
15.4 Rights and Liabilities of the Company
- (a) The Company shall be responsible for providing the SIM Services to You subject to the terms of TSP License and this Terms of Service.
- (b) You shall, without any objection, accept the telephone number allotted by the Company. The discretion with regard to the choice of number to be allotted shall solely and absolutely vest with the Company. The SIM remains the exclusive property of the Company and You are only being granted a license to use it to obtain access to the Network and will return the same to an authorized dealer of Nissan upon the termination, discontinuation, or surrender of the SIM Services.
- (c) In the event of the SIM being lost or stolen, You are required to inform the Company at and the Company will replace the SIM as soon as it is reasonable and practicable, subject to payment of administrative and service charges by You.
- (d)The Company shall have the right to transfer or assign and/or delegate all or any part(s) of its obligations, rights and duties under these Terms of Service to any third party. Such transfer/assignment shall release the Company from all liabilities under these Terms of Service.
- (e) Privacy of communication is subject to applicable law, and the terms of the License Agreement of the Company. The Company may be required to disclose information or particulars pertaining to You to any Authority including but not limited to, any security agencies and reserves the right to comply with the directions of such Authorities at its discretion and without intimating You .
- (f) Nissan reserves the right to seek / verify particulars provided by You to the Company, in any manner without notice or intimation.
15.5 Your Warranties, Rights and Liabilities with respect to the SIM
- (a) You are not entitled to transfer or assign its obligations and liabilities with respect to the SIM to any third party under any circumstances, without prior permission of Nissan. Any transfer affected in contravention of the express terms contained herein shall not absolve You of Your duty towards the Company for Charges levied against You..
- (b) In the event of there being any deficiency in the Services, You shall within a period of 7 (seven) days of the occurrence of the deficiency intimate the Company and there upon the Company shall endeavour to rectify the same in a reasonable period.
- (c) In case of a lost/ misplaced/stolen SIM, the entire liability resulting from or arising out of such lost/misplaced/stolen SIM will be borne by You.
- (d) In case the SIM is lost, misplaced or stolen, You shall inform NissanISSAN immediately. Nissan takes no responsibility for the misuse of Your lost, misplaced or stolen SIM Card or any damage to the same. A fresh SIM Card will be activated after receiving an application for the same from You along with a copy of the FIR lodged for the lost, misplaced or stolen SIM /Vehicle. Such application shall be submitted to the Company and Nissan simultaneously.
15.6 1Suspension, Termination, or Discontinuation of SIM Services The Company is entitled to, without any liability, refuse, limit, suspend, vary, disconnect and or interrupt the SIM Services, in whole or in part, at any time in its sole discretion, without any notice for any reason but not limited to:
- (a) Changes in applicable law.
- (b) Transmission limitation caused by physical obstruction, geographic, topographic, hydrological, meteorological and other causes of radio interference or faults in other telecommunication networks to which the Network is connected.
- (c) Force majeure events.
- (d) Any discrepancies/wrong particular(s) provided by You.
15.7 Correspondence: Any notification required to be given to You shall be given in writing by fax, email or registered mail to the address specified in the CAF unless You had previously notified NissanISSAN in writing that such address has changed. Any notification required to be given by the Company can also be given by electronic message to Your mobile number provided by You to Nissan.
15.8 Correspondence: You shall comply with the instructions and/or directions issued by the Company from time to time pertaining to the SIM Services including any amendments to the Terms of Service pursuant to applicable law.
15.9 The following documents can be provided as part of KYC Documents. The KYC Documents need to be self-attested documents. For Proof of Identity Documents (All identity proofs to have photo), any of the following documents can be provided:
- (a) Passport;
- (b) Arms License;
- (c) Driving License;
- (d) Election Commission ID Card;
- (e) Ration Card with photo, for the person whose photo is affixed (except Mumbai & Maharashtra);
- (f) CGHS / ECHS Card;
- (g) Certificate of Address having Photo issued by MP / MLA / Group A Gazetted Officer in letter head;
- (h) Certificate of Address with Photo from Government recognized educational institutions (for students only);
- (i) Certificate of Photo Identity issued by Village Panchayat Head or its equivalent authority (for rural areas);
- (j) Income Tax PAN Card;
- (k) Photo Credit Card
- (l) Address Card with Photo issued by Department Of Posts, Government of India;
- (m) Smart Card issued by CSD, Defence/ Paramilitary forces;
- (n) Current Passbook of Post Office or any Scheduled Bank, having photo;
- (o) Photo ID Card of Central /State Government PSUs;
- (p) Photo ID Card issued by Government recognized educational institutions (for students only);
- (q) Caste and Domicile Certificate with Photo issued by State Government like Assam and other states;
- (r) Pensioner Card having photo;
- (s) Freedom Fighter Card having photo;
- (t) Kissan Passbook having photo; or
- (u) AADHAAR/ Unique Identity Number.
For Proof of Address, any of the following documents can be provided:
- (a) Passport:
- (b) Arms License;
- (c) Driving License (except in the state of Maharashtra);
- (d) Election Commission ID Card;
- (e) Ration Card with address (except in the state of Maharashtra);
- (f) CGHS / ECHS Card;
- (g) Certificate of Address having photo issued by (a) MP / MLA / Group A Gazetted Officer in letter head;
- (h) Certificate of Address with pPhoto from government recognized educational institutions (for students only);
- (i) Certificate of Address issued by Village Panchayat Head or its equivalent authority (for rural areas) 10. Water Bill (not older than last 3 months);
- (j) Telephone Bill of fixed line (not older than last 3 (three) months);
- (k) Electricity Bill (not older than last 3 (three) months);
- (l) Income Tax Assessment Order;
- (m) Vehicle Registration Certificate;
- (n) Registered Sale / Lease Agreement;
- (o) Address Card with Photo issued by Department Of Posts, Government of India;
- (p) Current Passbook of Post Office or any Scheduled Bank;
- (q) Photo ID Card having address (of Central / PSUs or State Govt / PSUs only);
- (r) Credit Card Statement (not older than last 3 (three) months);
- (s) Caste & Domicile Certificate with aAddress &and photo issued by State Government;
- (t) Pensioner Card with address;
- (u) Freedom Fighter Card with address;
- (v) Kissan Passbook with address; or
- (w) AADHAAR/ Unique Identity Number
15.10 You agree and acknowledge that any upgrade to, or change in, SIM Services carried out by the Company shall be subject to applicable law.
15.11 The SIM Services would be auto-renewed, until and unless You explicitly terminate the same by providing a prior written notice of 30 (thirty) days’ to the Company.
15.12 Payment and Billing
- (a) At any time following the commencement of SIM Services, You may be required to pay a Fee through an authorized payment gateway using any valid and recognized payment method offered on the Application (“Payment Method”). You will be charged a Fee either on a monthly, bi-annual or annual basis depending on Your preference, using the same Payment Method specified You (“Payment Plan”)
15.13. SIM Transferability You are not permitted to transfer the SIM to any third party without the prior written consent of Nissan and the Company. Should You transfer the SIM without Nissan’s consent, You shall be held solely liable for any acts or omissions of the such third party. In the event You decide to sell Your Vehicle to a third party, You will be required to delete Your Account, return Your SIM to an authorized dealer and notify Our Service support centre. It is clarified that the SIM, the Account and use of the Application is not transferable.
User Declaration I have read and understood the terms and conditions mentioned overleaf and unconditionally accept them as binding on me. I have understood the tariffs and related conditions on which the Services will be provided inside and outside India, as applicable on this date as amended from time to time. The details in the fForm have been filled by me and are true and correct in all respects. I also undertake to pay the charges for the services subscribed. In order to ensure compliance with Government of India rRegulations, I confirm the genuineness of the documents submitted by me with this form. In case of negative verification, I am informed that the subscription form along with supporting documents submitted by me will not be returned to me by Nissan and such submission shall be liable for legal action.