INTRODUCTION
1.1 The terms below govern your use of this website (the “Website”) and by accessing this Website you agree to be bound by them. If you do not accept these terms, please leave the Website.
1.2 This Website is provided to you by Topcar N.V., a company registered in Oranjestad West, Aruba under registration number 1650.1 (“Nissan”, “us”, “we” or “our”). Our registered office is at Caya Ernesto Petronia 21, Oranjestad West, Aruba.
1.3 We may change these terms at any time without notice by updating the terms shown on this Website. It is your responsibility to review the Website terms each time you enter the Website to ensure you are aware of our latest terms and conditions. Your use of this Website after a change has been made signifies your acceptance of the revised terms.

 

USING OUR WEBSITE
2.1 You, as the user of our Website (“you” “your” and “yourself”), can use our Website for your own personal non-commercial use.
2.2 Access to our Website is permitted on a temporary basis and we reserve the right to withdraw or amend the service without notice. You are responsible for making all arrangements necessary to access this Website. You are also responsible for ensuring that all persons accessing our Website through your internet connection are aware of these terms.
2.3 You are not permitted to use, or cause others to use, any automated system or software to extract content or data from our Website except in cases where you or any applicable third party has entered into a written agreement with us that expressly permits such activity.

 

RISK AND LIABILITY
3.1 We are only liable to you in connection with your use of our Website for losses which you suffer as a direct result of our breach of these terms. We shall not be liable for any indirect, special, incidental or consequential damage or loss or for any business losses that you may incur, including but not limited to lost data, lost profits or business interruption.

3.2 We do not exclude our liability (if any) to you for:
(a) Personal injury or death resulting from our negligence;
(b) Fraud or fraudulent misrepresentation; or
(c) Any matter for which it would be illegal for us to exclude or to attempt to exclude our liability.

3.3 You acknowledge that we cannot guarantee that our Website will:
(a) stay the same as we might change or remove it or make access to it subject to registration or charges;
(b) be compatible with all or any hardware or software which you may use;
(c) be available all the time or at any specific time;
(d) be accurate and up to date; or
(e) be error-free or free of viruses, electronic bugs, Trojan horses or other harmful components and you must take your own precautions accordingly.

3.4 You also acknowledge that:
(a) we cannot guarantee the speed or security of the Website; and
(b) we will not be responsible for any damage or loss you may suffer directly or indirectly as a result of any virus attack that can be traced to our Website to the fullest extent permissible by law.

 

PRODUCTS AND PRICES
4.1 Nissan is striving constantly to improve its products. Accordingly, all information on this site is subject to change and is for general information purposes only.
4.2 Please contact your local Authorized Nissan Dealer, or if you are a fleet customer your area fleet manager or fleet customer contact center for the most up to date information, further advice or guidance before taking any action based on the information contained on or generated by our Website.
4.3 We are not responsible for any loss or damage arising from your reliance on any information available on our Website to the fullest extent permissible by law.
4.4 Because of the nature of technology, the colors shown on the site may not match the actual colors. Prices for all cars are exclusive of BBO & BAZV. Prices for commercial vehicles are exclusive of BBO & BAZV. Prices on the fleet website are clarified by specific disclaimers.

 

REGISTRATION
5.1 You may need to register with our Website in order to use certain parts or functions of our Website, including access to YOU + NISSAN. Your access to such parts of our Website is permitted on the basis that:
(a) Only you use your username and password; and
(b) You provide correct, current and complete information about yourself and, if applicable, your vehicle, when registering;
5.2 If you breach any of these terms, or any of the other terms and policies referred to in these terms, your account and ability to access and use your account may be terminated by us immediately by giving written notice to you using the contact details you gave to us on registration.
5.3 You are entitled to terminate your account with us at any time by notifying us through the appropriate account management screens.
5.4 We may withdraw your access to the Website and/or your account at any time and for any reason and we will not be liable for any resulting loss of damage to the fullest extent permissible by law.

 

REGISTRATION
5.1 You may need to register with our Website in order to use certain parts or functions of our Website, including access to YOU + NISSAN. Your access to such parts of our Website is permitted on the basis that:
(a) Only you use your username and password; and
(b) You provide correct, current and complete information about yourself and, if applicable, your vehicle, when registering;
5.2 If you breach any of these terms, or any of the other terms and policies referred to in these terms, your account and ability to access and use your account may be terminated by us immediately by giving written notice to you using the contact details you gave to us on registration.
5.3 You are entitled to terminate your account with us at any time by notifying us through the appropriate account management screens.
5.4 We may withdraw your access to the Website and/or your account at any time and for any reason and we will not be liable for any resulting loss of damage to the fullest extent permissible by law.

 

INTELLECTUAL PROPERTY
8.1 Our Website and all information, images, photographs and other content displayed on the Website (“Material(s)”) are protected by certain rights. These rights include all patents, rights to inventions, copyright and related rights, moral rights, trademarks and service marks, business names and domain names, goodwill and the right to sue for passing off or unfair competition, rights in designs and all other intellectual property rights, in each case whether registered or unregistered (“Rights”). These Rights either belong directly to Nissan or are licensed to us from their respective owners or licensors.
8.2 You may not copy anything on the site without Nissan's permission. You are granted the right only to view the site and print material from it. You can only do this for your personal, non-commercial use and / or for you to make informed decisions about Nissan's products. You must not:
(a) copy, publish or modify anything on the site or re-sell any of the information that you have viewed or printed from it;
(b) remove any copyright or other proprietary notices contained in the Materials;
(c) use any Materials from our Website in any manner that may infringe any of our Rights or the Rights of a third party; or
(d) reproduce, modify, display, perform, publish, distribute, disseminate, broadcast, frame, communicate to the public or circulate to any third party or exploit our Website and/or the Materials in any way, including for any commercial purpose, without our prior written consent.
8.3 Any use of the Website or the Materials in a manner not expressly permitted by these terms may constitute an infringement of our Rights or the Rights of our Licensors. We and our Licensors reserve the right to exercise all rights and remedies available in respect of any infringement of Rights in the Website or the Materials accessible on it.

 

TRADEMARKS
9.1 We reserve all Rights in and to the nissan.aw domain name and all related domains and sub-domains, the name “Nissan”, our logo and our service marks, brand names, trading names and/or trademarks appearing on the Website. Other trademarks, products and company names mentioned on the Website may be the trademarks of their respective owners or licensors and the Rights in such marks are reserved to their respective owners or licensors.
9.2 Nothing in these terms should be construed as granting any license or right to use any such trademark or domain name.

 

YOUR PRIVACY
10.1 The privacy of your personal data is important to us. Please see our Privacy Policy, which forms part of these terms, for details of how we will process your personal data.


OUR USE OF COOKIES
11.1 This Website uses cookies. Please see our Cookie Policy, which forms part of these terms, for further details.


THIRD PARTY CONTENT
12.1 Our Website and/or the Materials may contain links to sites of affiliated and non-affiliated companies.
12.2 Nissan does not edit or control such sites. Links to such sites shall, in no event, constitute an endorsement by or an association between Nissan and such sites and Nissan shall not be responsible for any content, products, services, advertising, accuracy, opinions or other matter presented on such sites. Access to, and use of, any affiliated or non-affiliated sites is subject to their own Terms of Use and privacy policies, and if you decide to visit any third party site you do so at your own risk.


ACCESS FROM OUTSIDE ARUBA
13.1 The vehicle and product specifications on this Website are, unless stated otherwise, for Aruba market only. These specifications (including optional and standard equipment) may vary in other markets. However some vehicle images may be of models supplied in other markets, for example showing left or right-hand drive, and therefore not reflecting specifications in Aruba.
13.2 The information and other materials contained in this Website may not satisfy the laws in countries outside Aruba. Any telephone numbers and charges shown only apply to calls made from within Aruba.


LINKING TO OUR WEBSITE
14.1 You may link to any page of our Website, for non-commercial purposes provided that you do so in a way that is fair and legal and which does not damage our reputation or take advantage of it.
14.2 You must not link to our Website in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
14.3 You must not remove, obscure or modify in anyway any advertisements, copyright notice, or other information on our Website. Our Website must not be framed on any other site.
14.4 If you would like to link to our Website for commercial purposes or any purpose not included above, please contact us using the details below.
14.5 We reserve the right to withdraw linking permission at any time and without notice.


ENQUIRIES AND COMPLAINTS
15.1 If you have an enquiry or complaint about this Website, you should contact our customer services department at Customer Services and we will try to answer your enquiry or resolve any complaint as soon as possible.


GENERAL
16.1 You may not assign, sub-license or otherwise transfer any of your rights under these terms.
16.2 If any provision of these terms is found to be invalid for any reason, the invalidity of that provision will not affect the remaining provisions of these terms, which shall remain in full force and effect.
16.3 Failure by either of us to exercise any right or remedy under these terms does not constitute a waiver of that right or remedy.


GOVERNING LAW
17.1 You agree that Aruba law governs your use of the Website and your relationship with Nissan, and you agree that the courts of Aruba will have exclusive jurisdiction over any claim arising from or related to this Website.


TECHNOLOGY

18.1 NissanConnect (NC2 Kai)
Driving is a serious business. Only use NissanConnect services when safe to do so. Some applications may have late introduction. NissanConnect service subscription required but is available on a complimentary basis for 2 years from purchase. Service and applications only available in select European countries and on select Nissan models. Service and applications may be provided by third parties outside Nissan’s control, and are subject to change without notice or liability to Nissan or its agents (including, without limitation, services cancelled/suspended by third parties). Certain remote functions require compatible phone or device, not included with vehicle. Cellular networks are provided by cellular companies, and are not within Nissan’s control. Cellular networks not available in all areas. Roaming charges and/or data usage charges may apply. Nissan is not responsible for any equipment replacement or upgrades or associated costs that may be required for continued operation due to service changes.

Around View Monitor
The Around View Monitor is a convenience feature. It is not a substitute for proper vehicle man oeuvres. See Owner's Manual for details.

 

Intelligent Park assist
Speed, road and vehicle conditions apply. See Owner's Manual for details.

 

Lane Departure Warning
Lane Departure Warning system effectiveness is subject to the road and vehicle conditions. Speed limitations apply. See Owner’s Manual for details.

 

Moving Object Detection
Moving Object Detection cannot completely eliminate blind spots and may not detect every object. Not a substitute for proper backing procedures. Speed limitations apply. See Owner’s Manual for details.

 

Forward Emergency Braking
Forward Emergency Braking is intended to warn/assist the driver before a collision occurs; it cannot stop a collision in all cases. Speed, driving and vehicle conditions apply. See Owner's Manual for details.

 

Blind Spot Warning
The Blind Spot Warning System is intended to warn the driver, it cannot stop contact with other vehicles or substitute proper lane change procedures. The system may not detect every object. Driving and vehicle conditions apply. See Owner's Manual for details.

 

Active Engine Brake
The Active Engine Brake may not be effective depending on the driving condition. Always drive carefully and attentively.

 

Active Trace Control
The Active Trace Control may not be effective depending on the driving condition. Always drive carefully and attentively.

 

Active Ride Control
The Active Ride Control may not be effective depending on the driving condition. Always drive carefully and attentively.

 

Hill Start Assist
Never rely solely on the Hill Start Assist system to prevent the vehicle from moving backward on a hill. Always drive carefully and attentively. See Owner's Manual for details.

 

Driver Attention Alert
Always drive carefully and attentively.

 

High Beam Assist
The High Beam Assist system operates at vehicle speeds above 20km/h if headlight switch is in 'auto' position. See Owner's Manual for details.

 

Advanced Drive-Assist Display
Information displayed is dependent on the vehicle’s equipment. The Advanced Drive-Assist Display must not be operated if it can distract the driver during the vehicle operation.

 

Traffic Sign Recognition
System operates in combination with Navigation system. Driving and vehicle conditions apply. See Owner's Manual for details.

 

Vehicle Dynamic Control (ESP)
System should remain 'on' when driving except when freeing the vehicle from mud or snow. It cannot prevent accidents due to abrupt steering, carelessness, or dangerous driving techniques. See Owner's Manual for details.

 

Tire Pressure Monitoring System
Tire Pressure Monitoring System is not a substitute for regular tire pressure checks. See Owner's Manual for details.

YOU+NISSAN CUSTOMER PROMISE

19.1 Topcar N.V. (Nissan) will use all reasonable efforts to fulfil these commitments but Nissan reserves the right to amend, modify or withdraw any or all of its commitments at its discretion.



TEST DRIVE
Terms and conditions: Nissan will endeavor to make available for a test drive the model, engine and transmission which are booked via www.nissan.aw or by telephoning Topcar Customer Services. However, due to the wide variety of trim levels, body styles and other options available, Nissan reserves the right to supply demonstrator vehicles which do not match the precise body style or trim-level of interest.

Test Drives will only be available if you:
• Are aged between 18 and 80 (or between 25 and 80 in respect of the provision of a test drive "sports" car);
• Have held a valid full Driver’s license for a minimum of twelve months;


CONTACT US
Mondays through Fridays:            8:00am - 5:30pm (non-stop)
Telephone number: +(297) 582-1547
eMail: info@topcar-aruba.com


GENERAL
Any purchase or other transaction in relation to any products or services provided by Nissan will be subject to contractual terms. These terms and conditions are not intended to be an offer for sale or supply of any goods or services which is capable of acceptance. Nor shall these terms and conditions form a condition, warranty or other term of any agreement which you may enter into with Nissan for the supply or sale of goods or services.

You are solely responsible for deciding whether any of our products or services are suitable for your purposes. Nissan does not by these terms and conditions give or enter into any conditions, warranties or other terms or representations as to the fitness for purpose, satisfactory quality or compliance with description of any Nissan vehicles or other Nissan products.

The laws of Aruba apply.