General Conditions for using the www.jollymotor.com Portal

 

This website is exclusive property of Jolly Motor S.r.l. with registered office in Via della Pace 28, 31030 Dosson di Casier (TV), share capital 100.000,00 Euro, registered at the Register of Companies of Trento No TN 02090160223 with VAT number and tax code No 02090160223.

These general conditions of use (“General Conditions”) regulate the browsing and use of the different functions which are activated in the restricted area (“Restricted Area”) located at the following URL www.jollymotor.com (the “Portal”).

Users undertake, completely releasing Jolly Motor S.r.l. to use the Portal and any other provided service or information exclusively for lawful purposes in compliance with all of the conditions of use wherever they are posted in the Portal, and therefore accepting all liability deriving from any unlawful use and or violation of any applicable law.

General obligatory information.

The Portal which can be reached at the www.jollymotor.com URL, is published by Jolly Motor S.r.l. with registered offices in Via della Pace 28 – Dosson di Casier, Treviso, Tel. 0039 0422 494400 – Fax 0422 494401 – VAT Code 02090160223. Ms Elisa Menuzzo of the Came Group S.p.A. company is responsible for the publishing and may be reached at info@came.it. The Portal is hosted at the premises of Came Cancelli Automatici S.p.A. at the above mentioned address.

Using the services and information.

The information made available through the Portal is free. The information contained in the Portal is purely for informative purposes and, unless otherwise stated, is by no means binding as a proposal, nor is it an offer to the public pursuant to art. 1336 of the Civil Code, as concerns the products and/or services described, and, is not binding as concerns any negotiations or commercial relationships.

Users are prohibited from exploiting the Portal and/or Services (including any form of reproduction, modifications, duplication , copy, distribution or sale to this end), unless otherwise stated and/or authorised in writing by Jolly Motor S.r.l..

Guarantees and Liability.

Under the applicable law, Users acknowledge that using the Portal is undertaken at their own, exclusive risk. The Portal is provided as is, and as available. Jolly Motor S.r.l. does not provide any specific guarantees as concerns any expected, wished for or obtained results deriving form using the Portal.

Under article 1229 of the Civil Code, Users declare and guarantee to not hold liable and to release from any binding conditions Jolly Motor S.r.l., its representatives, employees, collaborators, consortium-affiliated persons as well as its partners from any obligation to pay damages, including any legal fees, which arise against them as a result of using the Portal. If the applicable legislation does not provide for Jolly Motor S.r.l. to be exonerated from any liabilities, the Company’s liability must in any case be limited to the provisions of law.

Jolly Motor S.r.l. will not be held responsible for any claims made by Users because they are unable to use the Portal and/or the Services for any reason. Jolly Motor S.r.l. cannot default its obligations and shall not be responsible for any direct or indirect damage, claims or losses, sustained by Users due to the faulty or non-functioning of said Users’ or any third parties’ electronic equipment, including Internet Service Providers, or for any telephone and/or computerised connections which are not directly managed by Jolly Motor S.r.l. or by persons for which the latter must answer for, including any actions by other Users or other persons accessing the network.

Jolly Motor S.r.l. reserves, at any time, the right to disconnect, whether temporarily or permanently, the Services (or any part thereof). Users acknowledge that Jolly Motor S.r.l. cannot in any way be held liable by Users or any third parties for suspending or interrupting its Services.

Any information, whether in text or graphic form, relative to the goods and/or services that may be offered on the Portal, but which are directly sourced from suppliers of Jolly Motor S.r.l., shall not imply liability for the latter, and the each provider of said information is exclusively responsible for any indications, specifications and descriptions contained therein. Consequently, Jolly Motor S.r.l. shall not be liable in any way as concerns any misleading errors, whether in terms of graphics or either explicit or implicit guarantee appearing on the information, contents and software. This holds true for the marketability and appropriateness for specific purposes of the data, goods and services therein communicated or offered by suppliers on the Portal. Let it be understood that, if requested by or under the law, the Company shall provide names, addresses and any other information required to identify the suppliers and/or manufacturers of the goods and services that may be offered.

Use of the Services.

Users acknowledge and agree that all of the information, data, links, software, music, sounds, photographs, images, video, messages or any other material (i.e. “Contents”) – whether these be publicly accessible or privately transmitted – come under the sole and exclusive responsibility of the persons from whom said Contents derive. This means that Users, and not Jolly Motor S.r.l. are the sole and exclusive subjects responsible for whatever Content is uploaded, published, emailed, or in any other way transmitted or diffused through the Portal.

Users undertake to not divulge or transmit any technical and/or commercial data of which they have come into possession via the Portal, to any third parties whose activities are in competition with Jolly Motor S.r.l..

Users undertake to not use the Services or any other service or function of the Portal to: a) upload, publish, privately send or in any other way transmit or diffuse Contents that are unlawful, harmful, undermining, abusive, harassing, defamatory and/or vulgar, obscene, harmful of third party privacy, racist, classist or in any way reproachable; b) bring harm, in any way, to minors; c) falsify identity by presenting oneself, for example, as a Jolly Motor S.r.l. representative, or in any other way lie about one’s relationship with other persons; d) create headings or in any other way to manipulate distinctive signs or indications for the purpose of counterfeiting the origin of Content which has been transmitted via the Services, the general Services or any other functionality available on the Portal; e) upload, publish, privately send or in any other way transmit or diffuse, by virtue of, a probable law, contract, or resulting from a fiduciary relationship (for example, reserved information, confidential information which one has come to know by virtue of a working relationship or which are protected by a confidentiality agreement); f) upload, publish, privately send or in any other way transmit or diffuse Contents that involve infringement of patents, trademarks, industrial secrets, copyrights or other industrial and/or intellectual property rights of any third parties (“Rights”); g) upload, publish, privately send or in any other way transmit or diffuse advertisements, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other way to transmit or diffuse any sort of material that bears viruses or other code, files or programmes created to hamper, destroy or limit the functioning of software, hardware or other third party communications systems; i) interrupt the ordinary undertaking of dialogues, cause video to play too fast for other Users to be able to perform exchanges in real time; j) interfere or interrupt the Services and/or the servers linked to the Services; k) violate, whether intentionally or not, any applicable law or rule of law; l) persecute or in any other way harass any third parties; m) collect or store personal data of other Users.

In the event of any violation of this paragraph, or of any other provisions of these General Conditions, Jolly Motor S.r.l. reserves the right, on its own initiative or if requested by the competent authorities, to:

• Remove from the Portal, in the shortest technical time possible all of the files, images, software, communications, letters, email, documents or the like that may be either directly or indirectly in violation of this paragraph or of any other provisions of these General Conditions.

Connections to or from other resources of the internet network (Linking).

The Portal may provide links to other websites or to other internet resources. Users acknowledge and agree that Jolly Motor S.r.l. cannot be held liable in any way for the operation of said external resources.

Hypertext links or links of any other nature, even based on any other technology, to the Portal, may not be created without prior written consent from Jolly Motor S.r.l.. In any case, creating any such link, even when authorised, shall not make Jolly Motor S.r.l. liable in any way, without prejudice to said company which reserves the right to have, at any time, such links removed.

Jolly Motor S.r.l. is not held to monitoring, and in fact does not monitor, the contents of such websites and is not in any liable for their contents and/or materials, including any advertising, which is divulged on such websites or external resources or for any products or services on offer therein. Such products or services cannot in any way be considered as sponsored, shared or supported by Jolly Motor S.r.l., and so Users take on all liability for any use or purchase made of such products or services.

Intellectual and industrial property and downloading and using of images, distinctive signs, logos and other intangible goods belonging to Jolly Motor S.r.l.

Users undertake to, when using the Portal and Services, respect the current legislation on safeguarding intellectual and industrial property.

The terms and conditions for downloading and using images, distinctive signs, logos and other intangible property belonging to Jolly Motor S.r.l., in compliance with current legislation safeguarding intellectual and industrial Property are spelled out in the document titled “Free Jolly Usage License” which Users must declare to have read and accepted to benefit from this license.

Safeguarding of personal data on the website.

Jolly Motor S.r.l. declares that USers’ personal data, as collected during browsing and/or use of the Services and any other functionality provided by the Portal, will be processed in full compliance of Legislative Decree of June 30th, 2003, n. 196 (“Uniform Code on Safeguarding personal data”, hereinafter, “Privacy Code” or “Code”) in the manner and for the purpose detailed in the Guidelines (click on the link to open the page showing the Guidelines ex. Art 13 of the Code), which Users declare to have read entirely.

Changes, applicable law and jurisdiction.

Jolly Motor S.r.l. reserves the right to make changes to the Portal and these General Conditions at any time. Users shall always consider as current, the version of the General Conditions which are posted on the website at the time of consultation.

The General Conditions and the relationship between Jolly Motor S.r.l. and Users of the Portal are written according to and are regulated by Italian law. Any legal disputes between Jolly Motor S.r.l. and Users arising out of or in any way connected to using the Portal and/or the Services come under Italian jurisdiction and the Court of Treviso shall be the court of jurisdiction, pursuant to what is set forth in (CE) Regulation n. 44/2001 of the Council dated December 22nd, 2000.

If at any time any of the provisions to General Conditions where to be judged as not valid or inapplicable, these shall in any case be interpreted in a way as to reflect the common intentions of Jolly Motor S.r.l. and the Users, in compliance with the remaining provisions of the General Conditions.

In the event Jolly Motor S.r.l. does not exercise its rights as detailed in the General Conditions, this does not constitute a waiving of such right, unless this is expressly stated in writing by Jolly Motor S.r.l..

Various

Jolly Motor S.r.l. is glad to receive from Users any information or suggestions related to the Portal and/or the Services offered. Users may contact the Portal administrator at the following email address: info@jollymotor.com or send a letter to Jolly Motor S.r.l.’s postal address. Any suggestion or information obtained by Jolly Motor S.r.l. in this manner shall be handled as non-reserved information and may be used without limitations. Users shall be liable in the event that the information it has provided Jolly Motor S.r.l. were to violate any third party rights.