1. DEFINITIONS

1.1              ”Designated Driver" means the person duly nominated and authorised to drive the Vehicle by the User, where the User is a juristic entity;

1.2              "Indemnity Agreement" means the agreement entered into between the User and Nissan, which agreement comprises of the Nissan Indemnity Form, these Standard terms and Conditions and the Nissan Vehicle Form;

1.3              "Nissan" means Nissan South Africa Proprietary Limited, a private company with limited liability, duly incorporated in the Republic of South Africa, Registration No. 1963/007428/07;

1.4              "Nissan Indemnity Form" means the Indemnity Form to which these Standard Terms and Conditions are attached as Annexure A;

1.5              "Nissan Vehicle Form" means the form attached to the Indemnity Agreement as Annexure B;

1.6              "Standard Terms and Conditions" means these standard terms and conditions;

1.7              "User" means the individual or juristic entity described in the Nissan Indemnity Form, which individual or juristic will be using the Vehicle for the duration of use of the Vehicle, as stipulated in the Nissan Indemnity Form; and

1.8              "Vehicle" means a Nissan fleet vehicle, which will be used by the User, inter alia, as a courtesy vehicle, loan vehicle, demonstration vehicle or promotion vehicle, details of which are contained in the Nissan Vehicle Form.

2.       VEHICLE

The details of the Vehicle to be utilised by the User are contained in the Nissan Vehicle Form.

3. CONDITIONS OF USE

3.1              The Vehicle will remain the property of Nissan for the duration of the Indemnity Agreement. Upon termination of the Indemnity Agreement the User shall forthwith return the Vehicle to Nissan.

3.2              Upon receipt of the Vehicle, the User shall inspect the Vehicle and note any existing visible damage on the Nissan Vehicle Form.

3.3              Nissan shall be responsible for insuring the Vehicle for the duration of the Indemnity Agreement.

3.4              Notwithstanding the provisions of clause 3.3 should the Vehicle be involved in an incident, including but not limited to theft or highjacking, or a collision the User shall, no later than 48 (forty- eight) hours after the incident or collision:

3.4.1                    notify Nissan thereof, in writing;

3.4.2                     where necessary, notify the South African Police Service ("SAPS") thereof and supply the SAPS with full and accurate details of the incident or collision;

3.4.3                     complete all forms required by the insurer of the Vehicle, Nissan and/or the SAPS upon request; and

3.4.4                     provide Nissan with all reasonable assistance to enable Nissan to recover any damages that it may have suffered.

3.5              In the event that the Vehicle is damaged in an incident or collision and Nissan's insurers repudiate such claim due to any act or omission on the part of the User, the User shall be responsible for the costs of repairing the damage to the Vehicle.

3.6              In the event that the Vehicle is stolen, highjacked or written-off and Nissan's insurers repudiate such claim as a result of any act or omission on the part of the User, the User shall pay to Nissan the market value of the Vehicle, as at the date of the insurer's repudiation.

3.7              Nissan reserves the right to hold the User liable for the full amount of any damage to, or loss of, the Vehicle should the User fail to adhere to the terms and conditions set out herein, or should Nissan be of the opinion that the User abused the use of the Vehicle.

3.8              The User shall be liable for all expenses incurred whilst enjoying the use of the Vehicle, including inter alia, consumables such as the costs of fuel and oil, toll fees, e-toll and all traffic fines incurred, for the duration of use of the Vehicle by the User.

3.9              The User acknowledges and warrants that he/she or the Designated Driver is in possession of a valid, unendorsed South African driver's license.

3.10         The User agrees that no person other than the User or the Designated Driver shall be entitled to drive the Vehicle without Nissan's prior written approval. It is recorded that such approval, by Nissan, shall not relieve the User from any responsibility in terms of these terms and conditions.

3.11         For the duration of the Indemnity Agreement the User undertakes to:

3.11.1                take all reasonable precautions to prevent damage or loss to the Vehicle;

3.11.2                return the Vehicle in the same condition as it was received fair wear and tear excepted;

3.11.3                immediately report all mechanical problems to Nissan;

3.11.4               strictly adhere to all service and inspection requirements, as set out in the service handbook provided with the Vehicle and for this purpose timeously schedule a service at an authorised Nissan dealership, which shall be paid for by Nissan;

3.11.5                drive the Vehicle with reasonable care and diligence and not use the Vehicle for any unlawful purpose;

3.11.6                shall not alter or modify any of the Vehicle or any part of any Vehicle;

3.11.7                shall not use the Vehicle to participate in any races, speed tests or contests;

3.11.8                shall not drive the Vehicles under the influence of alcohol and/or any other prohibited substances;

3.11.9                shall keep the Vehicle in its possession and under its control at all times and must maintain the Vehicle in a roadworthy and good condition; and

3.11.10         abide by all requirements laid down by legislation.

3.12        Upon termination of this Indemnity Agreement, for any reason whatsoever, the User shall forthwith return the Vehicle to Nissan on or before the termination date in the same condition as received, fair wear and tear excepted.

3.13         Upon return of the Vehicle to Nissan in terms of this Indemnity Agreement, the User shall be liable for any restoration costs where damages or shortfalls are detected during an appraisal process of the Vehicle and such damage or shortfalls are not attributable to fair wear and tear. Payment of these costs shall be made by the User 14 (fourteen) days after receipt of a tax invoice detailing the costs.

3.14 In the event that the User requires roadside assistance, the User may, if necessary contact the Nissan/AA Roadside number on 0800 022511.

4. INDEMNITY

4.1              The User and Designated Driver indemnify Nissan, its directors and employees against any and all injuries, deaths, losses, claims, liabilities, costs and/or expenses of whatsoever nature, including legal costs as between attorney and client, which the User and/or the Designated Driver and/or any third party may suffer or incur by reason of or in consequence of the use and/or possession of the Vehicle.

4.2              The User waives any claim it may have against Nissan arising from a breakdown of the Vehicle.

5. COLLECTION OF PERSONAL INFORMATION

5.1              Nissan requires the User and/or Designated Driver’s personal information for the purposes provided in this Indemnity Agreement.

5.2              Nissan will only process the personal information collected under clause 5.1 in accordance with the applicable data protection legislation, including without limitation the Protection of Personal Information Act, 4 of 2013.

5.3              Nissan has implemented various security safeguards to ensure the personal information it process is properly protected and safeguarded against unauthorised use and/or access.

5.4              Nissan will not retain the User and/or Designated Driver’s personal information longer than the period for which it was originally needed, unless Nissan is required by law to do so, or the User and/or Designated Driver has consented to Nissan retaining such information for a longer period. Nissan may also retain the personal information to the extent and duration that Nissan has a legitimate interest to process the personal information.

5.5              Nissan may share User’s and/or Designated Driver’s personal information with third parties, which may include without limitation its suppliers, service providers, consultants or other vendors who need access to such information to carry out work on Nissan’s behalf. Any such third parties will act on Nissan’s instruction and be contractually bound to take all reasonable steps to secure the personal information.

5.6              In the event Nissan transfers the personal information to a company outside of South Africa, Nissan will ensure such company is subject to a law, binding corporate rules or binding agreement which provides an adequate level of protection of the personal information.

6. ACKNOWLEDGEMENT

The User acknowledges that the Vehicle is provided by Nissan to the User, as a gesture of goodwill and does not constitute an acknowledgement of liability by Nissan for any claim that the User may have against Nissan.