Effective Date: 25/10/2019

Nissan ProRex Portal Terms of Use

This terms of use (together with the documents referred to in it) tells you the terms of use on which you may make use of our website www.nissan-prorex.com/uk-nissan/newsupplierportal.aspx (our site), whether as a guest or a registered user. Use of our site includes accessing, browsing, or registering as a supplier to use our site.

Please read these terms of use carefully before you start to use our site, as these will apply to your use of our site. We recommend that you print a copy of this for future reference.

By using our site, you confirm that you accept these terms of use and that you agree to comply with them.

If you do not agree to these terms of use, you must not use our site.

These terms of use refer to the following additional terms, which also apply to your use of our site:

· Our Privacy Policy https://nissan-prorex.com/ProRex/PrivacyPolicy.aspx, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our site, you consent to such processing and you warrant that all data provided by you is accurate, and that you have informed your employees of the potential processing of their personal data in the framework of the use of the Site;

· Our Cookie Policy https://nissan-prorex.com/ProRex/Cookies.aspx , which sets out information about the cookies on our site; and These terms of use are only meant to govern the use of Site.

As a Nissan supplier, the sale and supply by you of goods or services to us will be set out in our Terms and Conditions of Purchase and/or bespoke agreements .

www.nissan-prorex.com/uk-nissan/newsupplierportal.aspx is a site operated by Nissan International SA ("We", "our", or "us"). We are a Company duly incorporated and existing under the laws of Switzerland with registered addresses at Zone d'Activitiés La Piece 12 1180 Rolle, Switzerland.

We may revise these terms of use at any time by amending this page.

Please check this page from time to time to take notice of any changes we made, as they are binding on you.

The new version will become effective on the date it’s posted, which will be listed at the top of the page as the new Effective Date.

We may update our site from time to time, and may change the content at any time. However, please note that any of the content on our site may be out of date at any given time, and we are under no obligation to update it.

We do not guarantee that our site, or any content on it, will be free from errors or omissions.

Our site is made available free of charge.

We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. Access to our site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site without notice. We will not be liable to you if for any reason our site is unavailable at any time or for any period.

You are responsible for making all arrangements necessary for you to have access to our site.

You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at

Helpdesk-Functional-Prorex-Europe@nissan-europe.com

We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.

You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

In the course of using our website, we may disclose to you information and documentation which is commercially confidential including, but not limited to, requests for quotations and purchase orders. In consideration for our allowing you to access and use our site you undertake that you will keep any and all confidential information which is disclosed to you by us in connection with your use of our site secret and confidential at all times and will not use any confidential information which is disclosed to you for any purpose other than submitting quotations to us, receiving and processing any purchase orders which we place with you and fulfilling any contracts which are entered into between us.

The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.

Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date.

You shall use the site exclusively for authorized and legal purposes, consistent with all applicable laws, rules, and regulations, including but not limited to those related to the U.S. Foreign Corrupt Practices Act of 1977, as amended, the U.K. Bribery Act 2010, the HK Prevention of Bribery Ordinance 1970, the Singapore Prevention of Corruption Act (Cap. 241), export control, spamming, privacy, data protection, intellectual property, consumer and child protection, pornography, obscenity or defamation.

Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

The site and any content thereof are provided “as is” and “as available”. To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied.

We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

· use of, or inability to use, our site; or

· use of or reliance on any content displayed on our site.

Please note that in particular, we will not be liable for:

· loss of profits, sales, business, or revenue;

· business interruption;

· loss of anticipated savings;

· loss of business opportunity, goodwill or reputation; or

· any indirect or consequential loss or damage.

We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.

We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any goods by you to us, which will be set out in our Terms and conditions of purchase and/or bespoke agreements signed with us. Unless there is bespoke agreement signed between you and us, by accepting these Terms of Use, you accept and agree with the General Terms and Conditions of Purchasing of THE RELEVANT Nissan ENTITY that is applicable for the Supply of Goods and Services from you to us.

You retain all of your ownership rights in the content you upload to the Site, but you are required to grant us a limited licence to use, store and copy that content and to distribute and make it available to third parties. The rights you license to us are described in the next paragraph (Rights you licence).

We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our site.

You are solely responsible for securing and backing up your content.

When you upload or post content to our site, you grant us licence to use the content for the purposes of reviewing the content, deciding whether to place an order with you, placing and processing any order, managing your supplier account and making payments to you and any other purposes which are described on our site or necessary for our and your use of it.

We do not guarantee that our site will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software.

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

You may not link to our home page. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to our site in any website that is not owned by you.

Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.

If you wish to make any use of content on our site other than that set out above, please contact Helpdesk-Functional-Prorex-Europe@nissan-europe.com.

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only.

We have no control over the contents of those sites or resources.

These terms of use, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

"Nissan" is a trademark of Nissan Motor Company Limited or its affiliates and commercial partners.

To contact us, please email Helpdesk-Functional-Prorex-Europe@nissan-europe.com.

Thank you for visiting our site.