Terms and Conditions
Terms and Conditions
Effective as of 1st 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" shall be deemed to refer to Nissan Motor Co. (Australia) Pty Ltd (ACN 004 663 156) trading as Infiniti Cars Australia (“Infiniti”), a corporation organised and existing under the law of Australia and having its registered office at 260-270 Frankston Dandenong Road, Dandenong South, Victoria 3175. In addition, the following persons and entities are intended third party beneficiaries of this Agreement: (i) Infiniti’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 Infiniti Cars Australia at 260-270 Frankston Dandenong Road, Dandenong South, Victoria 3175, Australia. Our Customer Service Centre telephone number is 1800 241 193. Certain Infiniti InTouch services and other information referenced in this Agreement are available online at www.infiniticars.com.au.
As described in the Agreement, your Vehicle is equipped with an Infiniti InTouch device which 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 the 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.
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.
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 this Agreement, either by executing this Agreement prior to or at the delivery of the Vehicle at the dealership or by accepting its term on-line on the Infiniti 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 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 information by us in accordance with the provisions of the privacy collection statement accompanying 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.
1.3 Modification of the Agreement. We may modify the Agreement at any time and from time to time in our sole discretion. Any changes will be posted on the Website and will take effect as of the date on which they are posted. Your continued use of the 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 www.infiniticars.com.au. We advise you to periodically review the terms of the Agreement in force carefully.
If any such change materially affects your rights under this Agreement, or negatively impacts your service in a material way, or results in higher Subscription Fees, we will provide you with notice of such change in writing by e-mail. AFTER RECEVING THE SAID NOTICE, YOU MAY TERINATE THE AGREEMENT OR AGREE TO THE CHANGE. IF YOU DON'T TERMINATE YOUR AGREEMENT WITHIN 30 DAYS OF THE NOTICE, YOU'RE AGREEING TO THE CHANGE AND IT BECOMES PART OF THE AGREEMENT BETWEEN US. You can get an updated copy of this Agreement, including all of its current terms and conditions, online at www.infiniticars.com.au.
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.
1.4. Infiniti InTouch Services /Duration and Termination
1.4.a. Duration. Your Infiniti InTouch Services start from the date of the vehicle’s first registration. Your Infiniti InTouch Services will remain in force for the remaining term of the three-year period as of the date of activation (the Initial Service Period). The Initial Service Period is delivered free of charge for a newly purchased vehicle.
If you 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. If the Infiniti InTouch Services had not been activated by the former owner, you are not entitled to the Initial Service Period.
30 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, 30 days before the expiry of each Renewal Service Period, you will be notified by e-mail and you will be given the opportunity to renew your subscription on-line via the Website. In addition, every time you decide to renew the 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.
1.4.b. Your Termination Rights. You can terminate your Infiniti InTouch Services online via the Website or at any time by contacting us. If you terminate the Infiniti InTouch Services before the end of the Initial Service Period or Renewal Service Period as the case may be, you will not be reimbursed, and in case you choose to re-activate the Infiniti InTouch Services later, you will be charged the full price corresponding to a full Renewal Service Period.
1.4.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.
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 don't 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's 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.
1.4.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 Infiniti Customer Service 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 proves the ownership by calling Infiniti Customer Service or by registering the Vehicle on the Website.
Termination of your Infiniti InTouch Services
If you sell your Vehicle or end its lease, you have the opportunity to terminate this Agreement 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. His/her subscription to the Infiniti InTouch Services via the Website will overwrite your profile. By terminating this Agreement in the course of the Initial Service Period or any Renewal Service Period, the subsequent owner will not leverage the potential remaining period of your Infiniti InTouch Services. We do not recommend such action as it will decrease the attractiveness of your Vehicle.
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 itself in accordance with this Agreement.
If you are not the first owner of the Vehicle and if the Infiniti InTouch Services had not been activated by the former owner, 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 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 requires the use of your telephone subscription with your mobile phone operator and consequently generates additional costs, as further explained in section 6.2.
The Infiniti InTouch Services are attached to the Vehicle. Once you have paid the Subscription Fee, you cannot be reimbursed for any reason whatsoever.
3. PERSONAL DATA, DATA PROTECTION
Infiniti respects and upholds your rights under the Australian Privacy Principles contained in the Privacy Act 1988 (Cth). In accordance with the Australian Privacy Principles, this privacy collection statement describes how we manage any personal information we may collect from you.
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 and on serving you and other occupants of your Vehicle. The data we collect might include personal information. By subscribing to and/or using Infiniti InTouch services, you also consent to the collection and use of personal information by us for the purposes set out in this collection statement. We will respect your privacy and that of other occupants of the Vehicle.
Categories of personal information we collect. The types of personal information we collect depend on the vehicle specification, the Infiniti InTouch Services you have subscribed to 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 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, information about anyone making an Infiniti InTouch call from the Vehicle or under a Subscriber's account, the date, time and duration of call and any Infiniti InTouch agent notes written during a call. We further collect billing, payment and claims management data related to the Infiniti InTouch Services. If you do not provide this information to us, we may not be able to provide some or all of the Infiniti InTouch Services.
How we may use your personal information. We will use the personal information we collect about you 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 customise the Infiniti InTouch Services for individual Subscribers or groups of Subscribers. We may also use the data in order to detect or prevent the abuse of the Infiniti InTouch Services by you or any other occupant of the Vehicle.
We may record, monitor or determine the location of a Subscriber's Vehicle or other location information (depending on vehicle features):
- If the Subscriber or other occupants of the vehicle request Infiniti InTouch Services that are based on the location of the Vehicle;
- If we are required to do so by applicable laws, rules and regulations and/or by binding or enforceable orders of public authorities or competent courts; or
- In connection with our attempts to communicate with the Vehicle purchaser or recover the Vehicle pursuant to agreements governing the lease or financing of such Vehicle.
For quality assurance purposes, we also randomly monitor or record conversations after activation between the Vehicle's occupants and the Infiniti InTouch Response Specialist, between the Vehicle's occupants and the interactive voice recognition systems, as well as calls to or from our contact centres that occur outside the Vehicle.
BY SUBSCRIBING IN THE INFINITI INTOUCH SERVICES, SUBSCRIBER CONSENTS, ON BEHALF OF HIMSELF OR HERSELF, 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.
Use of data for promotional purposes. We will only contact you with promotional email, mail or telephone communications to the extent permitted by the applicable law or if you have given your prior consent. You may at any time withdraw your consent for the future without incurring any costs (other than your own communication cost) by selecting your preferences online at www.infiniticars.com.au, contacting our contact centre on 1800 241 193 or by the methods specified in the communications we provide to you,.
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.
Disclosure of personal Information. We work with many different companies to provide you with the Infiniti InTouch Services. In this statement, “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.
We may disclose your personal information outside of Infiniti with others such as service providers only to provide services for us and other specific Service Providers for the purpose of delivering the Infiniti InTouch Services requested by the Subscriber or other occupants in the Subscriber's Vehicle or to facilitate communication with the Vehicle purchaser. 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 personal 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.
Transfer of data outside Australia. Depending on the vehicle specification, the Infiniti InTouch Service subscribed by you and the location where the Vehicle is used some personal information collected in connection with the operation and use of the Infiniti InTouch Services may be processed or transferred to a third country outside Australia, including to Infiniti Motor Co Ltd in Hong Kong and Airbiquity Inc in the USA. The data protection of any such third country might not offer the same level of data protection as Australia. However, we will take adequate measures to ensure that the personal information that is collected is processed in accordance with the Privacy Act 1988 (Cth). Personal information collected and processed by us may also be processed by Service Providers outside Australia that will only process any such personal information in in accordance with our instructions and for the purposes described above.
Security. We will maintain data security measures in order to protect any personal information 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 authorised 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 centres 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.
Storage period. We will retain all personal information only as long as necessary for the fulfilment of the above purposes or for a period of time necessary to comply with applicable law, any applicable statute of limitation, or the Terms and Conditions to your Subscription. After such time the personal information will be deleted, blocked or anonymised in accordance with the applicable law.
4. SPECIAL INFORMATION ABOUT SERVICE AND SYSTEM LIMITATIONS
Your Infiniti InTouch Services are only available in Australia.
Your Infiniti InTouch Services work using wireless communication networks and the Global Positioning System ("GPS") satellite network. NOT ALL INFINITI INTOUCH SERVICES ARE AVAILABLE EVERYWHERE, PARTICULARLY IN REMOTE OR ENCLOSED AREAS, OR ON ALL CARS, AT ALL TIMES. The area that you are driving in may affect the service that we can provide to you, including but not limited to routing service. Additionally, services are not available if the GPS system is not working (map CD or DVD may be required). Certain programming limitations of the GPS system may impair our ability to determine your Vehicle's precise location.
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/User ID. You promise to be fully responsible for the protection of your password and user ID (provided at the dealership during the delivery). Anyone who has your password or user ID may be able to access the Infiniti InTouch Services and neither we nor any Service Provider has any obligation to inquire about the authority of anyone using your password and user ID or other information that can be used to identify your account to request services for your Vehicle.
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. By using Infiniti InTouch Services, you also agree to be bound by those additional terms and conditions.
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.
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, TO THE EXTENT PERMITTED BY LAW NO WARRANTIES OF CONTENT, QUALITY, ACCURACY, TIMELINESS, COMPLETENESS, CORRECTNESS, RELIABILITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. TO THE EXTENT PERMITTED BY LAW ALL SUCH WARRANTIES ARE EXPRESSLY EXCLUDED BY THIS AGREEMENT.
7.2. Applicable Law . To the fullest extent permitted by law, and except as explicitly provided otherwise, this Agreement and any disputes arising out of or relating to it will be governed by the laws of Australia 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 Australia.
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 Smartphone compatibility, please refer to the Website at www.infiniticars.com.au or contact the Infiniti Customer Service Centre on 1800 241 193.
Application types: To support the connectivity, you have to download the Infiniti InTouch Application on your Smartphone from the Smartphone Application store.
Some Smartphone applications can be replicated on the Infiniti InTouch unit. Through the Infiniti InTouch Application, you will have the opportunity to select from a list of designated Applications you want to display on the Infiniti InTouch device. Not all Smartphone applications are compatible with the Infiniti InTouch unit.