WEB PORTAL TERMS OF USE

Please read these terms and conditions carefully before using this site – THEY CREATE A BINDING CONTRACT

Thank you for using our online portal https://en.nissan-dubai.com/(the "Site).

https://en.nissan-dubai.com/ is a site operated by Arabian Automobiles Co. LLC ("we", "our", "us", "AAC"). These terms of use ("Terms of Use") set out the rules for accessing and using the Site.

By accessing, browsing or using the Site, you confirm that you accept the Terms of Use and that you agree to comply with and to be bound by them and you agree that they form an agreement between you and us.

These Terms of Use affect your legal rights and obligations. If you do not agree to be bound by all of these Terms of Use, do not access or use the Site.

To contact us about the Terms of Use, please email crm@awrostamani.com

ARABIAN AUTOMOBILES CO. LLC

Al Ittihad Road

PO Box 2123

Tel 971-4-2952222

1. Privacy Policy

2. These Terms of Use may refer to our Privacy Policy accessed at https://en.nissan-dubai.com/privacy.html

The Privacy Policy is not a part of this contractual agreement between you and us, but you should read it to find out more about how information which we may collect about you is used and stored.

• All credit/debit cards details and personally identifiable information will NOT be stored, sold, shared, rented or leased to any third parties
• The Website Policies and Terms & Conditions may be changed or updated occasionally to meet the requirements and standards. Therefore, the Customers’ are encouraged to frequently visit these sections in order to be updated about the changes on the website. Modifications will be effective on the day they are posted

3. Keeping your account details safe

4. 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 or your ongoing use poses a security threat to us or anyone else. If you know or suspect that anyone other than you know your user identification code or password, you must promptly notify us at crm@awrostamani.com.

All credit/debit cards details and personally identifiable information will not be stored, sold, shared, rented or leased to any third parties.

5. Using the Site

6. You agree to access and use the Site only for lawful purposes. By accessing the Site, you agree that you will not:

• use the Site to impersonate other parties or entities;
• post or transmit discriminatory, libellous, harassing, defamatory, blasphemous, insulting, obscene or otherwise unlawful content;
• post or use any material that infringes upon or violates our intellectual property rights or the intellectual property rights of another;
• upload, post, email or otherwise transmit any material that you do not have a right to transmit under any law or under a contractual relationship; or
• use the Site to commit a criminal offence or to encourage others to engage in any conduct which would constitute a criminal offence or give rise to civil liability.

7. You are responsible for making sure your activities are lawful.

www.nissan-dubai.com will NOT deal or provide any services or products to any of OFAC (Office of Foreign Assets Control) sanctions countries in accordance with the law of UAE”.

Any dispute or claim arising out of or in connection with this website shall be governed and construed in accordance with the laws of UAE”.

8. Intellectual Property

9. We are the owner or the licensee of all intellectual property rights in the Site, and in the material and content published on it (the "Materials"). Those works are protected by intellectual property laws and treaties around the world, including copyright rules. All such rights are reserved. All trademarks, service marks and logos (the "Trademarks") displayed on the Site are the exclusive property of AAC and our affiliates. You will not use the Trademarks in any manner without our prior written consent.

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

You must not modify the paper or digital copies of the Materials and Trademarks you have printed off or downloaded in any way.

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

Other than as set out above and other than when viewing the Site on your electronic device you are not granted any licence to use or view the Materials and Trademarks.

In particular, you must not use any part of the content on the Site for commercial purposes without obtaining a licence to do so from us or our licensors. You will not: (i) use, copy, modify, display, delete, distribute, download, store, reproduce, transmit, publish, sell, re-sell, adapt, reverse engineer, or create derivative works of the Materials and Trade Marks; or (ii) use the Materials and Trade Marks on other web sites or any media (e.g. social media) without our prior written consent.

If you violate any terms in this section 5 (Intellectual Property), your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of the Materials and Trademarks you have made.

10. Do not rely on information on the Site

11. The content on the Site is provided for general information only and does not constitute any form of advice.

We aim to keep the Materials on the Site timely and accurate. However, we cannot guarantee that the Materials are correct (including but not limited to prices and product specifications). Although we make reasonable efforts to update the information on the Site, we make no representations, warranties or guarantees, whether express or implied, that the Materials on the Site are accurate, complete or up to date.

12. Cookies

13. Our Site uses cookies to distinguish you from other users of our Site. This helps us to provide you with a good experience when you browse or use our Site and also allows us to improve our Site.

A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer. Cookies contain information that is transferred to your computer's hard drive.

We use the following cookies:

• Strictly necessary cookies: these are cookies that are required for the operation of our Site. They include, for example, cookies that enable you to log into secure areas of our Site or make use of e-billing services;
• Analytical or performance cookies: these allow us to recognise and count the number of visitors and to see how visitors move around our website when they are using it. This helps us to improve the way our website works, for example, by ensuring that users are finding what they are looking for easily;
• Functionality cookies: these are used to recognise you when you return to our website. This enables us to personalise our content for you and remember your preferences; and
• Targeting cookies: these cookies record your visit to our website, the pages you have visited and the links you have followed. We will use this information to make our website and the advertising displayed on it more relevant to your interests. We may also share this information with third parties for this purpose.

14. For further information about the individual cookies we use and the purposes for which we use them, please email crm@awrostamani.com

We do not share the information collected by the cookies with any third parties.

Most browsers automatically store cookies by default, but you can choose to refuse or selectively accept to store certain cookies by adjusting the preferences in your browser. However, if your browser refuses to store cookies, some features of this website may not be available to you and some pages on this website may not display properly. You can find information on popular browsers and how to adjust your cookie preferences at the following websites:

Google Chrome: www.google.com/chrome

Microsoft Internet Explorer: http://www.microsoft.com

Mozilla Firefox: http://www.mozilla.org

15. Other linked websites

16. Where the Site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

We have no control over the contents of those sites or resources. When you select a link to an outside website, you are subject to the terms of use of the owner/sponsors of that website and you accept all risks of using such website.

17. Our responsibility

18. In no event will AAC or its employees be liable for any incidental, indirect, special, punitive, exemplary, or consequential damages, arising out of your use of or inability to use the Site. We will not be liable for any loss of revenue or anticipated profits, loss of goodwill, loss of business, loss of data, computer failure or malfunction.

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud.

19. Disclaimer of warranties and suspension or withdrawal of the Site

20. You expressly understand and agree that your use of our Site, or the Material made available through the Site, is at your own risk. The content and function of the Site are provided to you "as is" without warranties of any kind, either express or implied.

The Site is made available free of charge.

We do not guarantee that the Site, or the Materials on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of the Site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal by posting notice online.

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

21. Indemnity

22. You agree to defend, indemnify and hold harmless AAC and all of its employees and agents from any and all liabilities and harm incurred in connection with any claim arising from any breach by you of these Terms of Use, including reasonable attorney's fees and costs. You agree to cooperate fully in the defence of any such claim. We reserve the right to assume, at our own expense, the exclusive defence and control of any matter otherwise subject to indemnification by you. You agree not to settle any matter without the prior written consent by us.

23. Using your personal information

24. The way we use your personal information is set out in our Privacy Policy https://en.nissan-dubai.com/privacy.html

We will follow our Privacy Policy in relation to personal information collected via the Site.

Communications over the internet and other public communications networks rely on infrastructure operated by various parties and we cannot guarantee the security or integrity of communications between you and us over such networks.

25. Viruses

26. We do not guarantee that the Site will be secure or free from bugs, viruses, "Trojan Horses", or any other type of malicious code, file or programme, although we deploy reasonable security measures.

You are responsible for configuring your information technology, computer programmes and platform to access the Site. You should use your own virus protection software.

You must not misuse the Site by knowingly uploading any content that contains a software virus, a "Trojan Horse" or any other computer code, file or programme that may alter, damage or interrupt the functionality of the Site or the hardware or software of any person who accesses the Site and you must take reasonable precautions to ensure that any such uploaded content is screened for such things.

You must not attempt to gain unauthorised access to the Site, the server on which the Site is stored, or any server, computer or database connected to our site. You must not attack the Site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you may commit a criminal offence under the UAE Cybercrime Law No 5 of 2012 and/or under other laws. 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 the Site will cease immediately.

27. Changes to these Terms of Use

28. We may amend these terms from time to time. Every time you wish to use the Site, please check these terms to ensure you understand the terms that apply at that time.

29. Changes to the Site

30. We may update and change the Site from time to time for any reason. We will try to give you reasonable notice of any major changes.

31. Termination of use

32. We may, in our sole discretion, terminate or suspend your access to and use of the Site without notice for any reason, including for violation of these Terms of Use or for other conduct which we, in our sole discretion, believe is unlawful or harmful to us or to others. In the event of termination, you will no longer be authorised to access the Site, and we will use any means possible to enforce this termination.

33. Additional terms

34. Some parts of the Site may be subject to additional terms and conditions which apply to their use. In such circumstances, such terms and conditions will be made clear before your access to those parts of the Site. These Terms and Conditions will continue to apply but the additional terms will take precedence if there is a conflict between them and these Terms and Conditions.

35. Governing law

36. These Terms of Use shall be governed by and construed in accordance with the laws of the United Arab Emirates, as applied in the Emirate of Dubai. You and we agree that we shall submit to the exclusive jurisdiction of the courts of the Emirate of Dubai, United Arab Emirates in relation to any dispute or claim arising out of or in connection with the Terms of Use or its subject matter or formation (including non-contractual disputes or claims).

CONDITIONS OF SALE

These Conditions of Sale shall govern the reservation or sale of new Nissan Vehicle notwithstanding any offer relied on by the buyer during negotiations.

1. ONLINE BOOKINGS AND REFUNDS

• The Deposit shall be non-refundable, and AAC may sell the Vehicle to another buyer, if the Buyer: (a) does not pay the Purchase Price to AAC on the Date of Sale; or (b) terminates this Agreement for any reason.
• All prices displayed on the Site are inclusive of Value Added Tax (the” VAT”).

2. PRICING

• AAC reserves the right, at its sole discretion, to limit the quantity of vehicle or product(s) purchased, per person, per household or per order. These restrictions may be applicable to orders placed by the same account, the same credit card and also to orders that use the same billing and/or shipping address.
• AAC is not responsible for typographical or pricing errors that may be discovered on the Site. In any event where a vehicle or product(s) is listed at an incorrect price, AAC shall have the right, at its sole discretion, to refuse or cancel the corresponding order.
• You agree to pay the full amount for the vehicle or product(s) as indicated during the order process, including any charges incurred with that order.
• All transactions are conducted in local currency. When using a credit/debit card supplied by banks other than those in that local market, the amount on the credit/debit card bill may differ due to exchange rate and any charges that the card issuer/bank may have debited.
• We accept payments online using Visa and MasterCard credit/debit card in AED (or any other agreed currency)

3. DELIVERY

Unless otherwise agreed in writing, delivery of the vehicle shall take place at AAC’s showroom as elected by the buyer. The Buyer shall make all necessary arrangements to collect the vehicle.