Terms and conditions of the service
1. DEFINITIONS.1.1 The following terms (and all their derivations) are used in the Contract with the meanings listed below: - "iMotion" means the company iMotion Srl with sole shareholder, with registered office in Castel Maggiore, Via Quasimodo, No. 44, Tax Code and VAT No. 03665821207;
- "Runic" means the GPS tracking service developed and marketed by iMotion;
- "User" means the natural or legal person who has entered into the Contract requesting the Runic service to be supplied by iMotion;
- "Contract" means the deed consisting of the "Order Form", the "General Conditions" of the Service expressly accepted, the Information pursuant to Article 13 of Legislative Decree 196/2003, and the acceptance of the Purchase Order by iMotion;
- "Online purchase" means the procedure for purchasing the Runic service carried out by the User on the website www.runic.io; - "General Conditions" means these general conditions;
- "Order Form" means the document containing the User's personal data, the SEPA Core Direct Debit Mandate and the economic conditions governing the Runic Service, and in particular the list of fees the User must pay iMotion to use this service;
- "Parties" means iMotion and the User considered collectively;
- "Runic Service" or simply "Service" means the service provided by iMotion chosen by the User through the conclusion of the Contract;
- "Tracker" means the satellite tracking device sold by iMotion to the User and to be installed at the latter's expense on the vehicles to be tracked, according to the Installation and Activation Instructions that accompany it.
2. OBJECT: DESCRIPTION OF THE RUNIC SERVICE.2.1 The Runic Service offered by iMotion consists of the service allowing the User:
A) to display, on an electronic map, the locations of vehicles equipped with the tracking system sold by iMotion to the User;
B) to check the route, driving time and average speed of each vehicle;
C) to receive an immediate warning in the event of unexpected stops or movements;
D) to check if a vehicle is approaching or moving away from a specific geographical area;
As 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 Runic website at www.runic.io.
3. CONCLUSION OF THE CONTRACT3.1 The Contract is considered concluded at the end of the online purchase procedure for the Runic service, which is divided into the following steps: the User's choice of tracker or extension of service to be purchased; provision of personal billing and delivery data; choice of payment methods; order confirmation with the User's express acceptance of these general terms and conditions; registration of a personalised account in the portal.
3.2 iMotion reserves the fullest discretion over whether or not to accept the purchase request submitted by the User.
3.3 The User agrees that iMotion's acceptance may also hinge on conclusive facts, including, by way of example only, the User's authorisation to use the Runic Service or the delivery of trackers to the address indicated by the User.
4. DURATION AND RIGHT OF WITHDRAWAL4.1 The Contract has an indefinite duration and takes effect between the Parties from iMotion's acceptance of the User's purchase order.
4.2 Both parties have the right to withdraw from the Contract at any time by providing notification of their relative intention according to the methods indicated in point 16.
5. FEE.5.1 The fee for the Service provided to the User during the period of the Contract's validity is shown on the Runic website during the online Purchase process, and must be considered expressly accepted by the User with confirmation of the Purchase Order.
5.2 iMotion reserves the right to make adjustments at any time to the fees, which will be binding for the User according to the procedures set out in point 9 below and without prejudice to the User's right of withdrawal.
5.3 Invoices will be issued following receipt of payment, after conclusion of the online Purchase process, and sent electronically to the email address used for portal registration.
6. ACCESS TO THE SERVICE.6.1 The User will be able to access the Runic Service using the ID and password obtained during the online registration procedure.
6.2 iMotion is expressly exempted from verifying the real identity of those accessing the Service and their actual correspondence with the User and their personal details indicated during the registration phase.
6.3 The User assumes any risk relating to misuse of the ID and password by those to whom the User has directly or indirectly disclosed such data.
6.4 The User is aware and agrees that in order to be able to use the Service, they need to equip themselves with suitable hardware and software and an Internet connection service compatible with the standards of the Service provided by iMotion.
6.5 Under no circumstances can iMotion be held responsible for the Service malfunctioning, or the harm that may arise to the User due to occurrences and causes attributable to the inefficiency of the hardware and software and/or Internet connection used by the User, and/or any other third-party resources required to use the Service.
7. TRACKING DEVICES: USE, RETURN, INDEMNITY.7.1 Together with the purchase of the Runic Service, the User undertakes to purchase the tracking device(s) and any ancillary equipment necessary to provide the service, which must be installed and used exclusively at the User's expense. iMotion will provide adequate technical documentation and support to correctly install the device on the vehicle. Problems due to installations that do not follow the instructions in the documentation cannot be considered a cause of service malfunction.
7.2 Each tracking device purchased is equipped with a SIM card, provided free of charge and necessary to provide the service. All SIM cards remain the property of iMotion.
7.3 In the event of withdrawal of the Parties or in any case of termination of the contract, the User must return or destroy the SIM cards provided, without the need for any specific request for return from iMotion.
7.4 In any case, the User undertakes to use the devices in compliance with the provisions of Article 1804 of the Civil Code and acknowledges that they are bound by the provisions of Articles 1803-1812 of the Civil Code.
7.5 If the devices are tampered with in order to use the SIM cards for purposes other than providing the Runic service, the internet traffic generated will be charged to the User at €2 per megabyte.
8. PROVISION OF THE SERVICE.8.1 The management of the Service is the responsibility of iMotion, which may use services provided by third parties, in which case the User expressly accepts the conditions of use of the applications provided by third parties.
8.2 iMotion reserves the right to suspend or interrupt the Service without prior notice and without liability in the event of technical requirements, including but not limited to: faults, maintenance, replacement of equipment, ordinary and extraordinary interventions, system implementations.
9. CHANGES TO THE SERVICE.9.1 iMotion reserves the right, at any time, to modify the methods and the General Conditions of the Service, technical specifications and fees.
9.2 These changes will be effective between the Parties 15 days after the User receives notification of the change made in the forms referred to in point 16 below. During these 15 days, the User will have the right to withdraw from the Contract pursuant to point 4 without the aforementioned contractual changes having any effects on them.
10. USER OBLIGATIONS.10.1 The User undertakes to use the Service exclusively for lawful purposes, committing themselves to indemnify and hold iMotion harmless from any damage resulting from unauthorised use.
10.2 The User undertakes to indemnify and hold iMotion harmless, substantially and procedurally, from any liability, damage, loss, cost or expense of a legal nature that iMotion incurs due to the inaccuracy and/or incompleteness of the data provided.
11. OWNERSHIP AND USE OF DATA.11.1 With the completion of the Contract, the User does not acquire any further rights other than to use the Service. In particular, the User does not acquire intellectual and/or industrial property rights, or economic exploitation rights for everything that constitutes the Service, including but not limited to databases, information, trademarks, patents, logos and any other graphic and/or structural element made available to the User through the Service, as these are the exclusive property of iMotion.
12. INTERNET NETWORK SECURITY.12.1 The User is fully aware of the characteristics of digital transmission networks and their limitations. In particular, the User acknowledges that data transmission via the Internet is subject to objective technical limits of reliability and to periods of saturation at particular times of day.
12.2 Although the security measures put in place by iMotion are such as to ensure a reasonable degree of reliability for the User, data circulating on the Internet cannot be considered absolutely immune to possible intrusions and therefore passwords, codes, and more generally any other information of a confidential nature, are communicated by the User at their own exclusive risk.
13. DATA PROTECTION AND PUBLICATION NETWORK.13.1 The user expressly consents to the direct and/or indirect transfer to iMotion of the data necessary to use the Service, as well as its storage in iMotion's databases. The User also expressly consents to the direct and/or indirect transfer of the data necessary to use third-party applications within the Service, as well as the storage and retention of such data.
14. PROHIBITION ON TRANSFERRING THE CONTRACT.14.1 The User may not assign the Contract to third parties, either for free or for a fee, temporarily or permanently, without iMotion's prior written consent.
14.2 The User agrees from now on that iMotion assigns this Contract, in whole or in part, to companies belonging to the group to which iMotion belongs or to third parties, without prejudice, in the case of transfer to third parties, to the possibility for the User to freely withdraw from the Contract in the manner provided for in paragraph 4 above.
15. USER DEFAULT AND TERMINATION.15.1 iMotion will have the right to terminate the Contract pursuant to Article 1456 of the Civil Code in all cases where the User breaches or does not fulfil the obligations assumed with this Contract.
15.2 In any case, with termination of the Contract due to breach by the User, iMotion will have the right to withhold amounts already received for any reason from the User, without prejudice to the right to compensation for any greater damages.
15.3 iMotion shall have the right to terminate the Contract immediately if fees due from the User are not paid.
16. COMMUNICATION.16.1 All communication addressed by the User to iMotion, including communication from the User concerning interruption of service provision, must be sent by registered letter with return receipt to the following address: "iMotion Srl, Via Quasimodo, No. 44, 40013 Castel Maggiore (BO) - Italy" with prior fax to 0039.051.19901924 or e-mail to firstname.lastname@example.org
16.2 iMotion will send all communications regarding the Contract to the User via email, to the address indicated by the User when registering on the portal, considered the sole and exclusive address for each communication.
17. JURISDICTION AND COMPETENT COURT FOR PROFESSIONAL CUSTOMER DISPUTES.17.1 The Contract is governed by Italian law.
17.2 For any dispute concerning the validity, effectiveness, interpretation or execution of each Contract, or generally concerning navigation on the Site by the Professional Customer or the use of any functionality made available to the Professional Customer through the Site, the Court of Bologna shall have exclusive jurisdiction.
18. JURISDICTION AND COMPETENT COURT FOR CONSUMER CUSTOMER DISPUTES.18.1 Any dispute concerning the validity, effectiveness, interpretation or execution of each Contract, or generally concerning navigation on the Site by the Consumer Customer or the use of any functionality made available to the Consumer Customer through the site, shall be subject to a conciliation attempt conducted through the European "Online Dispute Resolution" platform (so-called ODR) available at http://ec.europa.eu/consumers/odr. Through the ODR platform, the consumer can send a complaint concerning a contract concluded online with iMotion Srl and thereby activate the online dispute resolution procedure. The merchant's e-mail address to include in the complaint is email@example.com.
18.2 If the attempt at conciliation fails, the dispute will be devolved to the competent judicial authority of the court of the Consumer Customer's residence or elective domicile.
18.3 In any case, the Consumer Customer retains the right to refer to the competent judge of their own place of residence or elective domicile, regardless of the outcome of the mediation procedure. This court's jurisdiction is mandatory and cannot in any way be waived.