GENERAL CONTRACTUAL CONDITIONS INHERENT TO THE VISIRUN SERVICE
1.1 The following terms (and all their variations) are used in the Contract with the meanings given below:
- "Visirun" means the company Visirun S.p.a. - Company with Sole Shareholder subject to management and coordination by Fleetmatics Italia S.r.l., with registered office in Ferrara, via A. Zucchini, no. 53, C.F. and VAT number 01744310382;
- "User" means the natural or legal person who has joined the contract via the Internet requesting the provision of the VisiRun service to Visirun SpA;
- "Contract" means the deed consisting of the Online Purchase Order, the expressly accepted General Conditions, the Tariff, the information pursuant to art. 13, Legislative Decree 196/2003 and the acceptance of the Purchase Order by Visirun SpA;
- "General Conditions" means the present general conditions;
- "Tariffario" means the document containing the economic conditions governing the VisiRun Service and in particular the list of fees that the User must pay to Visirun S.p.a. for the use of said service;
- "Parties" means Visirun SpA and the User collectively considered;
- "Online purchase" means the procedure for the purchase of the VisiRun service performed by the User on the www.visirun.com website;
- for "VisiRun Service" or simply "Service" we mean the service provided by Visirun S.p.a. chosen by the User through the conclusion of the Contract;
- "Localizer" refers to the satellite tracking device supplied by Visirun SpA. to the User on loan for free use and to be installed at the expense of the latter on the vehicles to be located, according to the Installation and Activation Instructions attached to it.
2. Object: description of the VisiRun Service.
2.1 The VisiRun Service offered by Visirun SpA consists of the service that allows the User:
A) to display on an electronic map the position of vehicles equipped with the localization system provided free of charge (with the exception of shipping costs) from Visirun SpA to the User on loan for use;
B) to locate the nearest vehicles to a specific address,
C) to control the route, the driving time, the average speed held by each vehicle;
D) to receive an immediate notice in case of unexpected stops and trips;
E) to check whether a vehicle approaches or moves away from a specific geographical area;
F) to maintain direct contact with the driver of each vehicle, sending and receiving messages;
G) to manage ordinary and extraordinary maintenance and administrative deadlines (stamps, insurance, etc.) for each vehicle;
Since the Service is subject to continuous updates, it is possible to find a complete description of the latter by consulting the relevant section of the Visirun website at www.visirun.com.
3. Conclusion of the Contract.
3.1 The Contract is considered concluded at the end of the online purchase procedure of the VisiRun service, which is divided into the following steps: choice by the User of the service to be purchased; login or registration of the User; communication of personal billing and destination data; choice of payment methods; confirmation of the order with express acceptance by the User of these general conditions of contract; communication of Visirun via e-mail to the address indicated by the User during registration - acceptance of the order confirmation.
3.2 Visirun reserves the full discretion to accept or not accept the purchase request presented by the User.
3.3 The User agrees that the acceptance of Visirun can also take place for conclusive facts, among which, by way of example, the enabling of the User to use the VisiRun Service or the shipping of locators to the address indicated by User.
4. Duration and right of withdrawal.
4.1 The Contract has an indeterminate duration and is effective between the Parties from the acceptance of the User's purchase order by Visirun.
4.2 Both parties have the right to withdraw from the Contract at any time upon communication of the relative will according to the methods indicated in point 16.
5.1 The fee for the Service provided to the User during the validity of the Contract is shown in the Tariff prepared unilaterally by Visirun, which must be understood as expressly accepted by the User with the confirmation of the Purchase Order.
5.2 Visirun reserves the right to make adjustments to the Tariff at any time which will be binding on the User according to the methods set out in the following point 9. and without prejudice to the User's right of withdrawal.
5.3 The first invoice will be issued when the locators are shipped to the User and the subsequent ones will be issued on a monthly basis and sent electronically.
5.4 The fee will be charged to the User by R.I.D. the fifteenth day following the invoice date or alternatively with a credit card charge on the day the devices are shipped.
6. Access to the Service.
6.1 The User will be authorized to access the VisiRun Service, using the identifier and password communicated by e-mail from Visirun at the end of the online purchase procedure.
6.2 Visirun is expressly exempt from verifying the true identity of those who access the Service and their actual coincidence with the User and with his / her personal details indicated during registration.
6.3 The User assumes all risks related to the abusive use of the identifier and password by those to whom the User has directly or indirectly disclosed such data.
6.4 The User is aware of and accepts that in order to be able to use the Service, it is necessary to independently acquire suitable hardware and software equipment and an Internet connection service compatible with the standards of the Service provided by Visirun.
6.5 In no case will Visirun be held responsible for the malfunctioning of the Service, or for any prejudices that may arise to the User for facts and causes attributable to the inefficiency of its hardware and software equipment and / or Internet connection used by the User, and / or any other third-party service required to use the Service.
7. Localization devices: use, return, indemnity.
7.1 Together with the purchase of the VisiRun Service, Visirun will provide the User with the location device (s) and any accessories ordered, which must be installed, used and stored exclusively at the care and expense of the User. .
7.2 In case of withdrawal of the Parties or in any case of termination of the contract, the User must immediately return the location devices and any accessory equipment supplied without the need for any specific request for restitution by Visirun.
7.3 In the event that the location device (s) and any ancillary equipment are not returned by the User within 10 days following the termination of the contractual relationship, Visirun reserves the right to apply a non-daily holding allowance € 10 for each location not returned.
7.4 The User undertakes to use the location devices and any ancillary equipment granted on loan for use exclusively for the purposes connected to the use of the VisiRun service, committing himself not to tamper with them even in case of malfunctioning of the same.
7.5 In the event of a malfunction - except as described in point 7.7 - Visirun will provide for free replacement of the faulty device.
7.6 The User undertakes in any case to use the devices in compliance with the provisions of art. 1804 c.c. and recognizes that it is bound by the provisions of Articles 1803-1812 c.c.
7.7 Any damage caused by impacts, accidental drops, spillage of liquids, burns, and short circuits or in any case caused by improper use with respect to the instructions provided in the Installation Manual or by tampering with them, as well as failure to return, even if due to theft or loss, will result in the User's obligation to pay to Visirun the amount of € 390.00, for each device not returned or returned in conditions other than those of delivery. The User will also be required to pay to Visirun the amount of € 290.00 for each terminal / navigator on board and the amount of € 390.00 for each terminal / navigator on board for heavy vehicles, under the same conditions as above, or the non-return or return in conditions different from those of delivery.
7.8 Except as expressly stated in paragraph 7.5 above, under no circumstances will Visirun be called to answer for damages caused to the User and / or to third parties for the malfunctioning and / or failure of the ordered device (s).
8. Delivery of the Service.
8.1 The Service is managed by Visirun, which may use services provided by third parties, in which case the User expressly accepts the conditions of use of applications provided by third parties.
8.2 Third party services are provided by the latter and the related technical development is returned to their unquestionable appreciation.
8.3 Visirun reserves the right to suspend or interrupt the Service without prior notice and without any responsibility in case of technical requirements, including but not limited to: faults, maintenance, replacement of equipment, ordinary and extraordinary operations, implementations of system.
9. Changes to the Service.
9.1 Visirun reserves the right, at any time, to modify the terms and conditions of the Service, the technical specifications, the Tariff and these General Conditions.
9.2 These changes will be effective between the Parties after 15 days from the receipt by the User of the communication of the change made in the forms referred to in paragraph 16. In the course of said 15 days, the User will have the right to withdraw from the Contract pursuant to of point 4. without the said contractual changes explaining effects against it.
10. User's Obligations.
10.1 The User undertakes to use the Service exclusively for lawful purposes, forcing himself to hold harmless and keep Visirun harmless from any damage resulting from unauthorized use.
10.2 The User undertakes to indemnify and hold Visirun harmless, substantially and procedurally, from any liability, damage, loss, cost or expense of a legal nature, that Visirun should sustain due to the non-truthfulness and / or incompleteness of the data provided.
11. Properties and use of data.
11.1 With the completion of the Contract, the User does not acquire any further right except to use the Service. In particular, the User does not acquire intellectual and / or industrial property rights, as well as the economic exploitation rights of all that constitutes the Service, including, but not limited to, databases, information, trademarks, patents, logos, locators and any other graphic and / or structural element made available to the User through the Service, as these are the exclusive property of Visirun.
12. Internet network security.
12.1 The User is fully aware of the characteristics of the digital transmission networks and their limits. In particular, the User acknowledges that the transmission of data through the Internet is subject to objective technical limits of reliability and to periods of saturation during particular moments of the day.
12.2 Although the security measures prepared by Visirun are such as to ensure a reasonable degree of reliability for the User, the data circulating on the Internet can not be absolutely considered to be immune from possible intrusions and therefore the transfer of passwords, codes, and more generally, any other information of a confidential nature is communicated by the User at his own exclusive risk.
13. Data protection and publication network.
13.1 The user expressly consents to the direct and / or indirect transfer to Visirun of the data necessary for the use of the Service, as well as their storage in Visirun databases. The User also expressly agrees to the direct and / or indirect transfer of data necessary for the use of third-party applications within the Service, as well as the storage and storage of such data.
14. Prohibition of transfer of the contract.
14.1 The User may not transfer the Contract to third parties, either free of charge or onerous, temporarily or permanently, without the prior written consent of Visirun.
14.2 The User hereby consents to that Visirun transfers this Contract, in whole or in part, to companies belonging to the group in which Visirun or third parties fall, without prejudice, in the case of transfer to third parties, the possibility for the User to freely withdraw from the Contract, in the manner provided for in paragraph 4 above.
15. Failure of the User and Resolution.
15.1 Visirun will have the right to resolve ex art.1456 c.c. the Contract in all cases of violation or breach by the User of the obligations assumed under this Contract.
15.2 In any case, with the termination of the Contract for breach of the User, Visirun will have the right to withhold the amounts already received by the User in any way, without prejudice to the right to compensation for any greater damage.
15.3 Visirun shall have the right to immediately terminate the Contract in the event of non-payment of fees due by the User.
16.2 All communications concerning the Contract will be sent by Visirun to the User, by e-mail, to the address indicated by the User during registration, considered as the sole and exclusive address for each communication.
17. Applicable law and jurisdiction.
17.1 This Contract is governed by Italian law. Any dispute concerning the subject matter of this Contract, including its interpretation and execution, will be devolved to the exclusive jurisdiction of the Court of Ferrara.
18. Processing of personal data.
18.1 The Service entails the collection of certain data and information from the User's vehicles, including, without limitation, data regarding the location of the vehicles, rate of travel, ignition on/off, idle time, number of stops and other similar information (collectively, "Vehicle Information"). Unless special features purchased by the User, Visirun does not know at any time (of the contractual relationship with the User) the name and / or personal data of any physical persons involved in driving vehicles subject to the Service other than those that might be included in the Vehicle Information from time to time.
18.2 In relation to any personal data included in Vehicle Information, and any other personal data that the User will process through the Service offered by Visirun, the data controller pursuant to art. 4 of Regulation EU 679/2016, as implemented by Legislative Decree no. 196 of 2003, and Legislative Decree no. 101 of 2018 (jointly considered "GDPR"), will be the same User, which assumes all obligations regarding the processing of personal data also with respect to the geolocation of natural persons and company employees.
18.3 In order to allow Visirun to provide the Service, the User, as the data controller, will be required to enter into with Visirun, pursuant to and by effect of art. 28 of the GDPR, a data processing agreement, regulating, among others, the parties' respective liabilities, and establishing the purposes and the modalities of the processing, and the way in which the Service will be carried out.
18.4 To the extent required by applicable law or regulation, the User agrees to notify its vehicle drivers and other authorized users of the Service (i) that a vehicle has been fitted with a Localizer and that such a Localizer entails the collection of Vehicle Information, including geolocation data, and (ii) about the modalities through which drivers might enable the "privacy" functionality, allowing them to switch-off the geo-location function of the Localizer when they use the vehicle for personal purposes.
18.5 In addition to the foregoing, the User acknowledges and agrees it is the sole responsible for using the Localizer and the Service in compliance with any applicable legislation, including without limitation local law provisions regarding remote employee monitoring.