Nissan Connect Ev Canada

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IFYOU DO NOT ACCEPT THESE TERMS, PLEASE CONTACT US IMMEDIATELY AT 844-711-8200 TO DEACTIVATE THE SERVICES. A STATEMENT CONTAINING YOUR CANCELLATION RIGHTS IS INCLUDED IN SECTION 16H OF THIS AGREEMENT.

These Terms are the agreement between us and you regarding our provision of NissanConnect Services. As used in these Terms, the terms "you" and "your" shall refer to, and these Terms shall be binding upon, any person or entity who has purchased or leased a Vehicle (as defined below) equipped with, or who uses your Vehicle or the Services as a driver or occupant (e.g., other drivers, passengers) and/or who has activated the Services pursuant to this Agreement. As used in this Agreement, the terms "we," "us," and "our" shall refer collectively to the following persons/entities, (i) Nissan and its affiliates, parent company, successors and assigns and Nissan dealers in Canada; (ii) Sirius XM and its parent company, Sirius XM Radio Inc., any subsidiary of its parent company, successors and assigns; and (iii) the employees, directors, officers, subcontractors, representatives and agents of each of them.

PLEASE READ ALL PAGES OF THESE TERMS CAREFULLY BEFORE USING ANY FEATURE OF THE SERVICES. BY RECEIVING, USING, ACCEPTING OR OTHERWISE ACCESSING THE SERVICES, YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS EVEN IF YOU HAVE NOT SIGNED THIS AGREEMENT UNLESS OTHERWISE STATED BY LAW. IF YOU DO NOT CONTACT US TO DEACTIVATE THE SERVICES WITHIN TEN (10) DAYS OF PURCHASE OR LEASE OF YOUR NEW VEHICLE, OR IF YOU DO NOT OTHERWISE CANCEL YOUR SUBSCRIPTION, IT WILL MEAN THAT YOU ACCEPT THESE TERMS WHICH WILL BE LEGALLY BINDING, UNLESS OTHERWISE STATED BY LAW.

AFTER THE EXPIRATION OF THE INITIAL SUBSCRIPTION PERIOD, INCLUDING A TRIAL PERIOD, IF ANY, YOU MUST PURCHASE A PAID SUBSCRIPTION IN ORDER TO CONTINUE THE SERVICES. You may choose a paid Service Plan charged to you month to month, or you may elect a longer fixed term subscription with automatic renewal for successive prepaid periods of the same length where available or as allowed by law. If you choose the automatic renewal option, prior to the expiration of each paid subscription period, you will receive a notice of renewal. Your subscription will then automatically renew as of the expiration date for each renewal for successive prepaid periods of the same length (or such length as allowed by law) ("Renewal Service Periods") and your credit card on file will be charged the rate for the successive Renewal Service Period, plus taxes and other charges, unless and until you change your Service Plan or your subscription is cancelled by you or by us according to these Terms. If you elect a Service Plan of indefinite length with month by month billing, your account will be billed, and your credit card on file will be charged each month at the monthly subscription rate according to your Service Plan, plus taxes and other charges unless and until you change your Service Plan or your subscription is cancelled by you or by us as allowed by these Terms. In order to cancel, you must call NissanConnect Services toll-free at 844-711-8200.

[DOES NOT APPLY IN QUEBEC] ANY NISSANCONNECT SERVICES DOCUMENTS (REGARDLESS OF WHETHER THEY STATE THEY BECOME PART OF THIS AGREEMENT) ARE AUTOMATICALLY DEEMED A PART OF THIS AGREEMENT IF YOU ACCEPT ANY OF THE SERVICES SUCH DOCUMENTS DESCRIBE.

By accepting this Agreement and using the Services you acknowledge that you have reached 18 years old, or the age of majority, as determined by the laws of your province or territory of residency, to assume the obligations set forth in this Agreement. You are solely responsible for the use of the Services in your Vehicle, even if you are not the one using it, and even if you later claim the use was not authorized. Except where prohibited by law, you are also solely responsible for the services requested by you, or by anyone using your Vehicle, through NissanConnect Services. IF YOU OR ANYONE USING YOUR VEHICLE DISABLES DATA TRANSMISSION FROM YOUR VEHICLE, CERTAIN OF YOUR SERVICES WILL ALSO BE DISABLED.

To receive the Services, your Nissan vehicle ("Vehicle") must come with an authorized NissanConnect Services System (the "System"), which is the equipment, including hardware and software, used to provide the Services to your Vehicle. Nissan or Sirius XM may interact with and/or engage one or more additional third party providers as necessary to provide the Services. Those third party providers include any person, company, or entity who provides any service, equipment, or facilities in connection with the Services or the System, including, but not limited to, wireless service providers, underlying wireless carriers, suppliers, licensors, public safety answering points, emergency responders and other service providers (such as police, fire and ambulance), towing companies, automakers, distributors and dealers. Such third party providers are referred to in this Agreement as "Service Providers". You will be responsible for paying directly to all Service Providers other than Sirius XM any charges for services that are furnished by them unless such services are expressly covered by your Service Plan.

Sirius XM may receive and respond to your requests for the Services through an automated operator or through specially trained personnel known as "Response Agents". Response Agents link you or your Vehicle to other Service Providers such as the police, fire department, ambulance service, or roadside assistance. The Response Agents will use reasonable efforts to contact appropriate Service Providers for help when you ask for it or when the System in your Vehicle signals for it, but it cannot be promised that any Service Providers will respond in a timely manner or at all. The laws in some places require an emergency to be confirmed before emergency Service Providers will provide service. We will not contact emergency Service Providers in these locations in response to an emergency button press ("SOS Button") if we cannot hear your request for assistance or otherwise confirm that an emergency exists. We also may not contact emergency Service Providers in any location in response to SOS Button presses from cars situated in locations which reasonably indicate that an emergency is unlikely, such as car dealerships, rental car companies, car washes or your address if we cannot hear your request for assistance. We will assume an emergency exists if our centre receives a collision notification signal from your Vehicle.

If your new Vehicle is equipped with a System, upon your purchase or lease of the Vehicle, a limited set of demonstration features will be active in your Vehicle (the "Demonstration Mode") until your purchase of the Vehicle is processed into our system. Services that may be operational while the Vehicle isin Demonstration Mode include Automatic Collision Notification (ACN), Emergency Call (E-Call), Connected Search, In-Vehicle Messaging, and Roadside Assistance Services. Vehicle data, including the Vehicle's location, may be collected and used by these features, if you request the Services. To deactivate the Demonstration Mode services, please contact us at the phone number above. THE SERVICES WILL BECOME INACTIVE AUTOMATICALLY WHEN THE DEMONSTRATION MODE TERMINATES IF YOU DO NOT SUBSCRIBE TO A SERVICE PLAN. To continue access to these features or to access the full suite of the Services after the Demonstration Mode ends, you will need to subscribe to a Complimentary Trial or purchase a Service Plan as described below.

Your Vehicle may come with eligibility for one or more trial subscriptions of NissanConnect Services Select, Premium and Premium Plus packages (each a "Complimentary Trial"), effective for a limited time period commencing on the original date of purchase or lease of a new Vehicle. Please see your dealer for information regarding eligibility and duration of your Complimentary Trials. IN ORDER TO ACTIVATE YOUR COMPLIMENTARY TRIAL SUBSCRIPTION, YOU MUST ACCEPT THESE TERMS. After the period of eligibility for each Complimentary Trial expires, in order to receive the Services, you will need to purchase a Service Plan and place a valid credit card account number on file with us. If you select a Service Plan with monthly billing, this Agreement will continue indefinitely unless canceled according to these Terms. IF WE HAVE A VALID FORM OF PAYMENT ON FILE FOR YOU, THEN YOUR NISSANCONNECT SERVICES SERVICE PLAN WILL CONTINUE TO RENEW AUTOMATICALLY FOR SUBSEQUENT PERIODS AT THE SELECTED RENEWAL INTERVAL, UNLESS AND UNTIL IT IS CHANGED OR CANCELED AS ALLOWED UNDER THIS AGREEMENT. Premium and Premium Plus packages of the Services each require a concurrent active subscription in the underlying Select package.

You can cancel or change your Service Plan at any time subject to the conditions set forth herein by contacting the customer care centre at at 844-711-8200 . The effective date of cancellation will be the date that you call us. DISABLING DATA TRANSMISSION FROM THE SYSTEM DOES NOT CANCEL YOUR SUBSCRIPTION. UNLESS YOU NOTIFY US AS INDICATED IN THIS AGREEMENT, YOUR SUBSCRIPTION WILL REMAIN ACTIVE IN ACCORDANCE WITH THESE TERMS.

You may cancel your fixed-term prepaid Service Plan within the first thirty (30) days of the start date of the initial prepaid Service Plan or any Renewal Service Period for a full refund for that initial or Renewal Service Period, respectively. After the first thirty (30) days, if you cancel your prepaid Service Plan prior to its expiration, you will receive a refund of amounts you paid directly, if any, on a pro-rata basis less any applicable fees, unless provided otherwise in any offer for the Service Plan that you accept. IF YOU ARE SUBSCRIBED TO AN INDEFINITE SERVICE PLAN WITH MONTH TO MONTH BILLING, WE WILL NOT PROVIDE A REFUND FOR THE REMAINING TIME IN THE MONTH YOU HAVE CURRENTLY PRE-PAID. Except as stated herein, we will refund to you on a pro-rata basis any service fees prepaid by you (excluding any amounts included in the purchase or lease price of your Vehicle) for any days remaining in the Service Period or Renewal Service Period, which follow the first of the date (i) you called to request cancellation, (ii) our receipt of written proof of a Vehicle Disposal Event concerning your Vehicle, after the date of occurrence of such event, or (iii) your Vehicle is removed completely from the Canada NissanConnect Portal. Fees attributable to certain promotional offerings or Services received during demonstration or trial subscription periods may not be refunded.

In the event of a Vehicle Disposal Event that pre-dates the effective date of your cancellation, you may apply for a refund adjustment. You will be asked to provide written proof of the sale, lease expiration or destruction of your Vehicle. Our decision to apply a refund adjustment is entirely up to us. Should we issue a refund, we may apply the refund to any new order you place or to the valid payment card on your account that was originally used to purchase the Subscription package. Or alternatively, we may issue a cheque and mail it to the address you have provided to us on your account.

IN THE UNLIKELY EVENT THAT WE CEASE PROVIDING NISSANCONNECT SERVICES, WHETHER AS A RESULT OF A LIQUIDATION, BANKRUPTCY, OR OTHERWISE, ALL PREPAID SUBSCRIPTIONS WILL BE TREATED AS NONREFUNDABLE.

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