INTRODUCTION AND DESCRIPTION OF THE SERVICES
CARSS is a website (hereinafter called the software, the platform or CARSS) owned by Amadego SRL (hereinafter called Amadego or Company), with headquarters in Bresso, Via Marconi 28, VAT number 1691100687, accessible at www.carss.it which allows users (identified in dealerships, car dealers and showrooms), under the conditions indicated in the document, to take advantage of one or more services:
- reserved and personal web space for dealers, car dealers and showrooms (hereinafter called, generally, Seller or Sellers), to carry out the following activities: follow the status of the requests of theirs customers through the platform; manage personal data and change them at any time; activate one or more of the online services made available by the platform under the conditions indicated in this document and/or on the platform itself; independently manage online promotion activities that may be activated; take advantage of any additional services that may be activated from time to time by Amadego SRL;
- the software allows Sales Users to independently create and manage their own activity through the "administrative panel", vehicles fleet, attaching photos and documents for each car and issuing estimates and sales contracts. Additional services could also be made available on the platform compared to the main ones previously described;
- the software is hosted on servers available to Amadego SRL located in data centers based within the European Union and may contain programs, applications and graphic themes also provided by third parties;
- use of the software and related services is governed by the general conditions of use contained in this document. In the event of use of a service provided by the platform, the user will also be subject to the particular terms and conditions of the chosen Service - where present. In the event of a conflict between these general conditions and the particular conditions of the Service, the particular conditions of the Service will prevail. The user could therefore be subject - in addition to these terms and conditions - to additional terms and conditions in relation to the particular Service chosen.
- Registration on the website is free. CARSS grants to the user a non-exclusive and non-transferable right to use one or more of the Services indicated in the previous art. 1.1 under the contractual conditions indicated in this document and - where present - in the platform corresponding to each Service to be activated
- To register, and use all the services provided by the software, the user must complete the registration form by entering his data and following the instructions provided. The automatic system reports any errors deriving from the omitted indication of mandatory data in the fields to be filled in online
- Registering on the platform allows the user to activate a trial period of 180 days (3 months) and enjoy full access to the functions of the platform
- The login credentials entered during registration (e-mail address and password) must be kept with extreme care and attention and modified periodically. They can only be used by the user and cannot be transferred to third parties. The user undertakes to keep them secret and to ensure that no third party has access to them. He also undertakes to immediately inform the Company by contacting them at the addresses indicated in the introduction, in the event that he suspects or becomes aware of an improper use or undue disclosure of the same
- The user guarantees that the personal information provided during the registration process to the website is complete and truthful and undertakes to update any variation of the same with the tools made available by the platform, including the e-mail address indicated. The user undertakes to keep Amadego unharmed and unaffected from any damage, indemnity and / or penalty arising from and / or in any way connected to the user's violation of the rules on registration to the platform or on the preservation of the registration credentials
- By registering the user enters into a contract with Amadego SRL, the discipline of which is contained in this document. The contract is concluded when the registration form reaches the Company's server. Amadego SRL sends confirmation via e-mail. The language available to conclude the contract is Italian
- The user is free to request cancellation from the website at any time by contacting the DPO through the following page, filling the relative form . The cancellation of the account entails the cancellation of all the data contained in the user's account - and therefore also of the order history - permanently
INFORMATION DIRECTED TO THE CONCLUSION OF A SUBSCRIPTION CONTRACT TO ONE OR MORE SERVICES
- The subscription contract begins to take effect upon receipt, by Amadego SRL, of the amount of the relevant fee and ceases to produce them on the due date.
- The user acknowledges and accepts that he concludes a contract whose only valid and effective version is in Italian, while the other versions eventually supplied by Amadego SRL in any other foreign language are made available to him exclusively as a courtesy.
SUBSCRIPTION TO ONLINE SERVICES, DURATION, EXPIRATION AND RENEWAL
- Amadego SRL grants each user who activates a trial version for the first time, to use the software free of charge for a clearly indicated trial period. During the trial period granted, the user can then try and evaluate the Service without charge and without any obligation to purchase.
- At the end of the scheduled trial period, the user can choose to activate the service in annual or monthly mode. However, nothing will be charged if, at the end of the trial period, the user does not subscribe to the services offered.
- The platform provides for the renewal of the subscription in two distinct ways: from month to month or annual, at the user's choice. In both cases the user must provide payment in the manner prescribed. Failure to pay the renewal fee is considered by Amadego SRL as a declaration by the user that he does not wish to renew the Service with account cancellation and consequent loss of all uploaded data.
- Upon approaching the expiration date of the subscription, Amadego SRL, by way of courtesy and therefore without assuming any obligation towards the user-seller, reserves the right to send to the same by e-mail notices of the next expiry date of the subscription.
- In the event that the payment of the subscription through the payment systems enabled, for any reason, is not successful or is not carried out or in the event of expiration of the subscription, the sales account will be set by the platform in "mode maintenance". The user acknowledges and agrees that it is his express and exclusive responsibility, as the deadline approaches, to pay the renewal fee and to verify that he has sufficient credit in good time to avoid the interruption of the sales activity by the system.
- The user acknowledges and agrees that after 30 days from the expiry of the subscription or trial period without Amadego SRL receiving the payment of the renewal fee for the use of the Service, the sales account will be automatically deleted from the system with all customizations and data entered. All costs possibly incurred by the user for the creation of the sales account and the related personalization remain the sole responsibility of the user. The parties agree that in the aforementioned 30-day period the data will be kept solely for courtesy, without Amadego SRL assuming the obligation and therefore excluding any liability in the event of their total or partial loss or damage.
- It is expressly understood that after 30 days from the expiry of the subscription or the trial period or from the termination of the effects of the subscription for any and all reasons including the malice or the fault of one of the parties, Amadego SRL will have the right to cancel any and all data and / or information entered by the user on the platform and / or related to the activity performed by the latter on the platform (hereinafter referred to as "Contents"). For this reason, if before the termination of the effects of the subscription or the trial period or before the expiration of the following 30 days, the user has not proceeded to save what he can refer to on devices available to him other than the platform and / or from the devices owned by Amadego SRL, no dispute can be raised against the Company nor can any request for damage be made if the user loses one or more of the aforementioned Contents.
SUBSCRIPTION FEES AND BILLING
- The subscription fee to be paid by the user and its duration are indicated by the platform in relation to each Service.
- Amadego SRL reserves the right to periodically change the amount of the subscription fees and / or the relative duration. Unless otherwise agreed, force majeure, unforeseen or unforeseeable events or changes in the Service, any changes to the fees made by Amadego will apply only to new subscriptions or in the event that the user enters into a different subscription than the one currently in existence of the entry into force of the changes (eg plan change). The changes will come into effect at the time of their publication on the platform.
- For each fee paid by the user, Amadego SRL will issue the relevant invoice within the month of its competence. All the amounts invoiced will be subject to the current legislation for VAT purposes which, together with any other fiscal charge deriving from the execution of the Contract, will be charged to the user. In any case, the user now raises the Company from any and all liability resulting from transactions or payments made.
- The User acknowledges and expressly accepts that the invoice can be sent to the email address provided.
ACTIVATION AND DELIVERY OF SERVICES
- In order to use the software and its services, the user declares to be in possession of the hardware and software devices as well as the competences and - where necessary - the necessary authorizations.
- After the trial period referred to in Article 4.1, if the user activates a subscription, he will be able to continue to access the application with the data entered up until then, after Amadego has received the planned subscription fee and for the duration of the same. The user-seller acknowledges and accepts that in the event that he suspends the use of the application for less than 180 days (beyond which the user will be defined as inactive and the data potentially canceled) during the period in which his subscription is active, nothing will be reimbursed by Amadego for the days in which the account has not been used.
- Amadego SRL performs a security back-up of the entire platform as required by law. Unless otherwise agreed, the Company is not required to provide any specific backup of the data and / or information and / or content processed by the purchasing users and / or sellers within the platform. Unless otherwise agreed, it remains the responsibility of each user to keep and / or copy the data / information / content entered on the platform.
OBLIGATIONS OF USERS-SELLERS
- The User declares to possess all the technical and legal knowledge necessary to ensure the correct use, administration and management of the platform.
- The User declares to be the sole and exclusive administrator and responsible for the information published through the Services and as such declares to be solely responsible (i) at his own risk, for the management of data and / or information and / or contents processed ; (ii) the content of the information, sounds, texts, images, form elements and data accessible and / or made available online and, in any capacity, transmitted, disseminated or placed online by the user; (iii) malfunctions due to any non-compliant use of the web tools available on the platform by the user; (iv) the loss or disclosure of one's access credentials; activity performed through the Services.
- The User declares to be aware of the existing legislation on the processing of personal data, the existing legislation on consumer protection as well as the existing legal obligations on his behalf exclusively in the performance of sales activities and to be required to update in the event of changes to these regulations.
- Each user-seller undertakes to include all the information - including corporate and contact information - required by the law in the spaces provided for this purpose.
- The user-seller acknowledges and agrees that he is the only person required to populate the sales tools made available to him with the Services and to carry out all the necessary checks so that the contents entered by him autonomously and the instruments used are in conformity to the law: any delays by the user-seller in the population and / or customization of the aforementioned instruments will in no way be attributable to Amadego or be reimbursed.
- User may not authorize third parties to populate and / or customize the tools on proper behalf.
- The user-seller acknowledges and declares that he is solely responsible for the offers published by him and for all consequent legal and / or contractual obligations and undertakes to keep Amadego harmless and harmless from any damage, compensation obligation and / or sanction deriving from and / or in any way related to the user's failure to fulfill his contractual and / or legal obligations and / or the publication or purchase of the aforementioned products.
- The User has the right to use the account as long as it remains registered on the platform and as long as it remains active and has the right to use the other Services - unless otherwise stated - for the duration of the stipulated subscription.
RIGHTS AND OBLIGATIONS OF REGISTERED USERS
- The user has the right to use the free or paid services offered at the conditions indicated in this document and / or in the particular conditions indicated on the platform itself..
- The user undertakes to use the platform and the Services in good faith, in a lawful and lawful manner and undertakes to keep Amadego SRL harmless and harmless from any damage, indemnity and / or penalty arising from and / or in any way connected to the user's non-fulfillment of his contractual and / or legal obligations as well as all legal actions taken by third parties against Amadego SRL, deriving from or in any case connected with the content and materials entered by the user or through his account at inside the platform.
- The user undertakes not to copy, modify and in general to not reproduce in any way, in whole or in part, the platform and / or its contents and not to violate the intellectual property rights of the Company or third parties.
- The User acknowledges that it is prohibited:
- violate the law, the rights of others or as indicated in this contract or in the contracts stipulated within the platform;
- use or allow others to use the platform and / or related Services to contravene the laws of the Italian State or any other State and / or international conventions, treaties, agreements or regulations;
- use the platform and / or the relative Services to harm in any way or endanger the image of Amadego or third parties as well as to contravene the rules of netiquette or for use against morals, morality and public order or with the purpose of harassing the public or private peace, causing offense, or direct or indirect damage to anyone;
- use the platform and / or related Services if the User does not have the capacity to act and enter into legally binding contracts, if he is under 18 or has been temporarily or permanently suspended from the platform;
- publish untruthful data that can deceive other users or companies;
- enter personal data of third parties on the platform without their prior consent;
- transfer the CARSS account and your credentials to access third parties;
- use the platform and / or related Services for spamming activities;
- copy manually or automatically or collect in any way information about users, including email addresses, without their consent;
- spread viruses or any other technology aimed at damaging users, their sales activity, or compromising in any way the correct functioning of the platform;
- carry out actions that (at the Company's unquestionable judgment) may cause an unreasonable overload of the technological infrastructure and the platform of the Company;
- carry out hacking by accessing the platform;
- circumvent the tools for the inclusion of automatic search engine systems (robots) or other portals or other procedures adopted by the Company to prevent, increase or limit access to the platform;
- enter and / or market pornographic and / or illegal materials;
- initiate any form of online sales without entering mandatory information required by law.
COMMITMENTS AND GUARANTEES OF THE USER
- The user guarantees that any information, image, material or message, in any format (whether audio or video or otherwise), from the same possibly entered into the platform is and will be owned by itself and / or in its legitimate availability.
- The user guarantees that this material does not violate or violate any copyright, trademark, patent or other right deriving from the law, the contract and / or custom, authorizes Amadego SRL to publish said material via the web on the platform and takes I acknowledge and agree that these contents could be synchronized or available in other portals, such as Facebook, for sales and / or dissemination activities.
- The user undertakes to indemnify the Company and any third parties involved, substantially and procedurally, from any loss, damage, liability, cost or expense, including legal fees, arising from any violation of the provisions of this article and in previous articles 8 and 10. In particular, the user will be considered unique and exclusive responsible for any damage and consequence prejudicial to the same suffered or caused to Amadego SRL or to third parties through the use of the Services not in compliance with the law and / or these conditions. If the user is a legal person, he also civilly responds to his employees, agents, representatives and collaborators in general who use the platform on behalf of the user, even occasionally.
ROLE OF AMADEGO SRL, LIMITATIONS OF LIABILITY
- It is expressly understood that Amadego SRL does not control or supervise the behaviors or acts put in place by the purchaser and / or seller users through the tools and services made available to them and does not control or monitor the information and / or data and / or content entered in the platform from the same; in any case, each user, buyer and / or seller and / or user of the platform declares to be aware that the Company is and remains unrelated to the sales activities that they carry out in full autonomy through the platform itself.
- The user acknowledges and accepts that:
- Amadego SRL has no role in the sale that takes place between users-buyers and user-viewers other than the Company through the platform and has no control or responsibility regarding the quality, safety, legality of the objects advertised, sold or purchased by third-party Sellers ;
- Amadego SRL cannot verify the truthfulness and accuracy of the offers entered by third-party sellers or the ability of users to sell, buy and bid or assure that a buyer or seller is actually able to complete a sale. The user can make reports to the Company of unlawful conduct at any time, using the tools made available from time to time or by contacting them directly;
- Amadego SRL does not transfer the ownership of the objects from the seller to the buyer;
- the platform and the Services are made available as-is (sas) and as available, that is to say in the state of fact and law in which they are located, and Amadego SRL makes no representations or warranties, express or implicit, that the platform and / or Services are suitable to meet the needs of users, who work in the combinations chosen by them, who are free from errors or have features or services different from those that can be viewed free of charge for the trial period offered;
- the platform and the services both free and paid may be interrupted for short periods of time. These interruptions can be "scheduled interruptions" to allow maintenance and updating of the platform or they can be "unplanned interruptions and not foreseeable" by Amadego SRL depending on force majeure (data center failures in which the available servers are hosted) of the Company, breakdowns of power lines, internet backbones, hacking attacks, etc.). Amadego SRL does not guarantee continuous and uninterrupted access to the platform and to the Services;
- except in the case of willful misconduct or gross negligence, Amadego SRL is in no way responsible for any damage suffered by users due to the use of the platform;
- Amadego SRL has the right to offer applications also from third parties that are governed by the conditions of supply of the respective owners. Although the Company seeks to offer reliable programs it cannot guarantee that the applications will always be accurate and up to date. The user declares and agrees that if he decides to use third party applications made available, he will be solely responsible for the choice and in no case will he be liable for any inaccuracies or anomalies to Amadego;
- the internet is not controlled by Amadego SRL and due to the peculiar structure of the network itself its performance and functionality cannot be guaranteed nor can the contents of the information transmitted through it be controlled. For this reason, no responsibility can be attributed to Spcietà for the transmission or receipt of illegal information of any nature or kind;
- The user, having taken note of the characteristics of the Services and of the platform as described in this article 11 declares that he considers the Services and the platform to be suitable for his needs despite the limits described above which are an integral part of the Service itself;
- The user exempts Amadego SRL from any liability associated with the content, activities or inactivity, information, photos and objects offered for sale on the platform;
- Under no circumstances will Amadego SRL be held liable:
- in the event of delays, malfunctions and / or interruptions in the provision of the Services caused by malfunctions of the platform and / or its possible suspension, depending on failures or malfunctions of the terminals used by the user (such as, for example, hardware systems and software) and / or telephone and electrical lines and, in general and in accordance with the law, due to delays, malfunctions and / or interruptions in the enjoyment of the platform due to force majeure or the Company's suppliers or third parties;
- of the damages that may result to the user and / or to third parties from the use of the platform, and from the information and / or messages provided through it;
- any illegal and / or improper use of the platform by the user or third parties;
- of tampering or interventions on the Service or on the equipment carried out by the user or by third parties not authorized by the Company;
- of incorrect use of the Services by the user;
- total or partial interruption of the local access or termination Service provided by the telecommunications operator or the data center where the servers available to Amadego SRL are located;
- of total or partial interruption of the Service for reasons not attributable to the Company, such as, for example, problems with the supply of electricity or the network, wars, rebellions, illicit or malicious tampering.
- In any case of breach or non-fulfillment attributable to the Company, the maximum sum that Amadego SRL may be called upon to pay to the user must not exceed that paid by the user to the Company in the last 12 months for the Services used and for the portion of Services affected by the damaging event. The acceptance of this clause is an essential condition to obtain the provision of the Services by Amadego SRL.
SUSPENSION OF THE USE OF THE PLATFORM
- Without prejudice to the application of the following article 13, the Company, at its discretion and without the exercise of this faculty being challenged as a breach or breach of the contract, reserves the right to suspend the Services, even without any prior notice in the case in which:
- the user fails to find, in whole or in part, the requests of the Company and in any case his behavior is such as to give rise to well-founded and reasonable fear that he may default on the contract or be responsible for one or more violations of its provisions;
- there are reasonable grounds for believing that the Services are used by unauthorized third parties;
- there are cases of force majeure or circumstances which, at the unquestionable judgment of Amadego SRL, make it necessary to carry out emergency interventions or relating to the resolution of safety problems, danger for the entire network and / or for persons or things; in this case, the Services will be restored when the Company, at its discretion, has assessed that the causes that had determined its suspension / interruption have been effectively removed or eliminated;
- the user is involved, in any capacity, in any judicial or even out-of-court dispute of a civil, criminal or administrative nature and in any case in the case in which said dispute relates to acts and behaviors implemented through the Services and / or the platform;
- the suspension is requested by the Judicial Authority;
- there are justified reasons of security and / or guarantee of confidentiality;
- the user does not pay the amount due to the Company for the use of the platform or the relative Services or there are irregularities in the credit card provided or in the relative use.
- During the suspension of the Services, for whatever reason, the user - unless otherwise indicated - cannot have access to data and / or information and / or contents entered and / or processed by the same on the platform and / or in any sales tool. activated.
- Without prejudice to the application of the following article 13, the Company, at its discretion and without the exercise of this faculty being challenged as a breach or breach of the contract, reserves the right to suspend the Services, even without any prior notice in the case in which:
EXPRESS TERMINATION CLAUSE
- Without prejudice to the provisions of other clauses of these general terms and conditions, any existing contract between Amadego SRL and the user will be considered terminated with immediate effect, pursuant to and for the purposes of Art. 1456 Civil Code, if the user: a) violates the obligations set forth in Articles 10 of this contract; or, b) performs any illegal activity using the Services.
- As of the termination of the Contract that occurred in the cases provided for in this article, the Services will be deactivated without prior notice. In such cases, the user acknowledges and agrees that any amounts paid by him will be withheld by the Company as a penalty, except for the greater damage. Amadego SRL will have the right to charge the user for any further charges that it has had to bear, while remaining in any case the right of the same to compensation for any damage suffered.
CHANGES TO THE CONTRACT
- The user acknowledges and agrees that the Services covered by the contract are characterized by constantly evolving technology, for these reasons Amadego SRL reserves the right to modify the technical characteristics of the same and of the instruments related to them at any time, and to vary the terms and conditions of the Contract at any time, even after its conclusion.
- If, also due to circumstances that do not depend on Amadego SRL (by way of example but not exhaustive, increase in costs relating to electricity, changes in the legislation in force or provisions and / or regulations of the reference Authorities that involve greater charges for the Company, etc.) the assumptions used to formulate the economic and / or contractual conditions for the provision of the Services have changed, the Company reserves the right to unilaterally modify the aforementioned conditions including, by way of example but not limited to, the fees, collection commissions, billing frequency or terms and payment methods, by publishing the new version online on your portal.Unless otherwise specified, all new terms and conditions of the contract will be automatically effective from the date of publication and will be considered by each user to be definitively known and accepted in the event of the stipulation and / or renewal of a subscription or failure to cancel the account from the platform.
- Without prejudice to the above, Amadego SRL reserves the right to change the technical features, systems, resources and services of the platform as a result of the normal technological evolution of the hardware and software components.
- Amadego SRL reserves the right to assign all or part of the management and / or supply of one or more Services to other companies of the Group to which it belongs or to third parties without any need for notification to the user.
COPYRIGHT AND LICENSES
- The user is required to use the Services in respect of the intellectual and / or industrial property rights of Amadego SRL or of third parties with rights. The platform like any other copyright or other intellectual property right connected to the Services is the exclusive property of Amadego and / or its licensors, therefore the user does not acquire any right or title in this regard and is required to use the themselves only during the period of contractual validity and as indicated in the relative conditions of use.
- With the provision of the Services, Amadego SRL does not transfer to the user, any right, or other title, on the trademarks, patents, copyrights or other rights of any nature, which are inherent to the platform, to the sales tools and to the applications made available. Furthermore, this agreement does not include, in any form, the right to obtain the source format of the platform or the right to have access to the relative logical or project documentation.
AUTONOMY OF THE PARTIES
- The Company, the purchasing users and Sellers, the visitors of the platform, the certified partners act in full autonomy and independence. This agreement does not give rise to any relationship of collaboration, agency, association, intermediation or subordinate employment.
- All communications to the Company by the user must be made to the following Amadego SRL, Via Guglielmo Marconi 28, 20091 Bresso. VAT number: 01691100687, registered with the Milan Chamber of Commerce, Monza Brianza and Lodi - 1754428, Email: firstname.lastname@example.org Telephone: 02.61.93.672
- Any communication to the user by Amadego SRL will be made by e-mail or to the addresses indicated in the registration or invoicing form.
- Any reports may be made to Amadego SRL through the appropriate Help section if logged in or by contact form on the public pages.
- If a clause in these terms and conditions is null or ineffective, any nullity or ineffectiveness will not extend to the remaining contractual clauses.
APPLICABLE LAW AND EXCLUSIVE JURISDICTION
- This contract is governed by Italian law and is subject to Italian jurisdiction. Except as provided by the Consumer Code in cases where it is deemed applicable, for all disputes that may arise in connection with this contract, including those relating to its validity, interpretation, execution and resolution, the only competent court to decide on an exclusive basis will be the one in Milan.