Terms and conditions of use
- 1. Scope and contents of the Internet Site www.techinfo.ferrari.com
- 2. Subjects who are allowed to access the Site
- 3. Site access
- 4. Contract. General Conditions
- 5. Subject of the Contract
- 6. User registration. Account
- 7. Execution of Contract
- 8. Fees and payments
- 9. Duration of the Contract
- 10. Site prohibition and/or Site access denial
- 11. Interruption of Site access
- 12. Intellectual property rights
- 13. User obligations. Guarantees and liability
- 14. Auditing
- 15. Site updating. Modifications to General Conditions
- 16. Personal data protection. Notice pursuant to art. 13 of Italian Legislative Decree No. 196/2003
- 17. The User's confidentiality obligations
- 18. General provisions
- 19. Applicable law and Jurisdiction
1. Scope and contents of the Internet Site www.techinfo.ferrari.com1.1 The Internet Site www.techinfo.ferrari.com (hereafter referred to as the "Site") is a website created and managed by Ferrari S.p.A. with registered office in via Emilia Est 1163, P.O. Box 589 I-41100, Modena, and premises in via Abetone Inf. 4, I-41053 Maranello (MO), share capital EUR 20,260,000 fully paid-in, VAT code: 00159560366 (hereafter also referred to as "Ferrari"), for the purpose of providing access to information concerning the repair and maintenance of Ferrari vehicles pursuant to the applicable laws and regulations for the applicable jurisdictions, this including, among others: the laws and regulations of the European Union, including EC Reg. no.1400/2002 and EC Reg. no.715/2007, and subsequent amendments; the laws and regulations of the United States of America; and the laws and regulations of the People’s Republic of China, including the Administrative Measures for the Public Disclosure of Automobile Maintenance Technical Information, and subsequent amendments.
1.2 The Site contains the information normally provided by Ferrari to subjects authorised to proceed to the repair and maintenance of Ferrari vehicles which must be accessible according to the applicable laws and regulations in the relevant jurisdiction (hereafter referred to as the "Technical Information"). The Technical Information thus include, but are not limited to: information necessary for the identification of the vehicle, the technical manuals, information concerning components and diagnosis (such as minimum and maximum theoretical measurement values), wiring harness diagrams, fault diagnostics codes (including the manufacturer's specific codes), the identification number of the software for calibration of each of vehicle, information concerning patented accessory tools (and supplied via such tools), and information regarding data registers and two-way monitoring and test data. The Technical Information also include, but are not limited to: the vehicle identification methods; spare parts catalogues, including spare parts codes, descriptions, illustrations of the parts themselves; technical solutions resulting from the practical experience and regarding problems that typically apply to a specific model or batch of vehicles; information concerning recall campaigns, along with other information regarding repairs that must be carried out by the authorised network and charged to Ferrari. In any case, the Site includes any other information which is required to be made available to the users by the applicable laws and regulations in the relevant jurisdictions.
2. Subjects who are allowed to access the SiteApart from those providing repair and maintenance services as part of the Ferrari Authorised Network, also companies or subjects providing repair and maintenance services outside the Ferrari official distribution and assistance system may access the Site. In particular, access is permitted to those companies or subjects that intervene directly or indirectly in vehicle repair and maintenance, particularly independent repairers, manufacturers of repair tools and equipment, independent distributors of spare parts, companies publishing technical information, automobile clubs, companies providing breakdown services, providers of check/test services, and companies organising training for repairers. Access to the Site (including services and contents) is permitted only to subjects falling within the aforementioned categories or, in any case, to other subjects which are entitled to receive access to the Technical Information pursuant to the applicable laws and regulations. All subjects entitled to access to the Site are hereafter referred to collectively as the "User/s" or the "Independent Repairer/s".
3. Site access
To access the Site and the Technical Information contained therein, the User must register with the Site itself, as explained in article 6 below; access is also subject to acceptance of the present general conditions (hereafter referred to as the "General Conditions").
4. Contract. General Conditions
The User shall be allowed to access the Site and purchase of services and contents (including the Technical Information) by entering a contract with Ferrari in accordance with the technical procedure specified in article 7 below (hereafter referred to as the "Contract").
These General Conditions govern the Contract and the access to the Site and to the Site's services and contents (including the Technical Information).
5. Subject of the Contract
The object of the Contract is (i) the User's access to the Site and the Site's services and contents (including the Technical Information), for a period of time, against payment of a fee determined in accordance with article 8 below, (ii) the purchase of Technical Information.
6. User registration. Account
6.1 To access the Site and the Site's services and contents (including the Technical Information), the User must register on the Site itself, filling in the appropriate form with his/her data.
6.2 The User must fill in the form with his/her personal data in a complete, truthful manner, assuming all liability for any false declarations or incomplete/incorrect data. The User also undertakes to promptly update the registered data when necessary, so that they are constantly updated, complete and truthful, assuming all liability for any damage and/or loss resulting from incomplete and/or unfaithful declarations.
6.3 Following registration, the User will be assigned special Identification Codes (a Username and Password). After providing and confirming the required data, the User will receive (at the e-mail address he has specified) an identification code (Username) and an authentication credential (Password) allowing him/her to obtain a specific password for accessing the Site and the services and contents (a single username will be created for each e-mail address).
6.4 The User will be exclusively responsible for the safekeeping, management, confidentiality and correct use of the Identification Codes obtained upon registration with the Site, as well as for the improper use of such codes. The User undertakes to adopt all necessary precautions in order to guarantee the confidentiality and correct use of the Identification Codes. In addition, the User acknowledges that he/she shall be exclusively liable for all access to the Site and the services and contents (including the Technical Information) via the Identification Codes assigned to him/her, and undertakes to indemnify and hold Ferrari harmless from any damage or claim resulting from the use and/or abuse (also by third parties) of his/her own Identification Codes.
6.5 The User undertakes to inform Ferrari immediately, at the e-mail address firstname.lastname@example.org of any unauthorised use of its Identification Codes, along with any other breach of safety of which he/she might become aware. The User can change his/her Identification Codes (Username and Password) at any time, following the instructions given in the Site.
6.6 Ferrari has the right to modify and/or disable the Identification Codes at any time for technical or safety reasons; Ferrari shall inform the User and provide him/her with instructions on how to further access the Site.
6.7 Ferrari reserves the right to deny, suspend and/or interrupt all access to the Site and the services and contents (including the Technical Information) if the User no longer meets the requirements specified in article 2.
6.8 Ferrari reserves the right to suspend and/or definitively interrupt access to the Site without prior notice if the User concerned has provided incomplete and/or incorrect and/or unfaithful information.
6.9 The purchase and/or availability of the telecommunications equipment, software and service(s) necessary in order to register with the Site, access the Site, and use the relative services and contents (including the Technical Information) is at the exclusive responsibility and expense of the User.
7. Execution of Contract
7.1 The proposal for access to the Site and the services, including the Technical Information (hereafter referred to as the "Proposal"), must be formulated by the User by choosing, after registration, the preferred type of subscription under the section Purchase -> Subscriptions, among those available in relation to the duration of the connection and the fee. The Proposal shall be binding on the proposing User.
7.2 The Proposal may only be considered as accepted by Ferrari when the User receives confirmation from the Company via e-mail - after payment of the fees pursuant to the procedure described below in article 8 - at the address indicated by the User at the time of registration (hereafter referred to as the "Confirmation"). The Confirmation will contain an excerpt of the present General Conditions, description of the main characteristics of the service purchased, a detailed indication of the fee and, in any case, all the information required by art. 13 of Italian Legislative Decree 70/2003 (executing EU Directive 2000/31/CE).
7.3 The Contract shall be considered concluded when the User receives the Confirmation.
7.4 The Proposal and Confirmation shall be considered "received" when the parties to whom they were addressed have the possibility to access the computerised messages.The Proposal and Confirmation shall be considered "received" when the parties to whom they were addressed have the possibility to access the computerized messages.
7.5 The Contract is filed electronically and stored on the ‘Techinfo Internal Database’, (belonging to Ferrari), and the User is able to access it via the application pages by clicking on "Termini e Condizioni D’Uso" for the Italian version, "Terms and Conditions of Use " for the English version, and 使用条款和条件 for the Chinese version.
7.6 The User may modify and correct his/her personal data stored in his/her at any time after execution of the Contract by accessing the application page related to account management. This page can be accessed by clicking on "Mio account" for the Italian version and "My account" for the English version.
7.7 These General Conditions are available in Italian, English and Chinese languages. Each version shall have equal authenticity. In case of divergence of interpretation, if any, the language of the English version shall prevail.
8. Fees and payments
8.1 The Fees for accessing the Site and the services and contents (including the Technical Information) are detailed in the Purchasing section of the Site.
8.2 The fees referred to in article 8.1 above are VAT excluded.
8.3 Payments can be made on-line via credit card through the payment services put at disposal of the User by the bank "Banca Sella", partner of Ferrari, under the below described procedure. After browsing the virtual shop and entering all the necessary data on the order form, the User will be asked to provide the data for payment by credit card, as follows: the connection is transferred from the Site directly to the Banca Sella safe server (the presence of the safe environment is highlighted by the presence of a closed padlock or a key in the lower bar of the browser); the system requires the User's personal data, along with the number, type and expiry date of the credit card used to make the payment (the credit card data will be managed and made known only to Banca Sella and Ferrari will not have access to such information); the due amount for the fees is automatically transmitted from the order form/shopping chart to Banca Sella, with automatic calculation of the applicable VAT; on the basis of the information provided, Banca Sella shall take charge the amount including taxes, if any due. Should the system not confirm the charge, the transaction will not take place unless another means of payment is used; upon payment, the User will receive an e-mail from Banca Sella to certify the effective payment; at the end of the payment operation, the Banca Sella system disconnects and the User automatically returns to the Site. For further information, consult the website www.sella.it
8.4 Following the positive outcome of the payment procedure, Ferrari will send the User an e-mail containing any Confirmation (see article 7.3 above).
9. Duration of the Contract9.1 The duration of the Contract will be that opted for by the User in the Proposal and confirmed by Ferrari in the Confirmation e-mail (see article 7.3 above).
9.2 Independently from the User's registration date to the Site, the services and contents purchased by the User shall be made available starting from the date and time indicated on the Confirmation email from Ferrari and for the duration indicated on such email, regardless of effective use during the period.
10. Site prohibition and/or Site access denial10.1 Ferrari reserves the right to prohibit and/or deny access to the Site and/or the relative services and contents, at any time and without prior notice, in the event of fraudulent use or any form of use not coherent with the law and/or these General Conditions.
11. Interruption of Site access11.1 Access to the Site and the services and contents (including the Technical Information) may be limited, suspended and/or interrupted (either fully or partially) for technical reasons of whatever type (for instance maintenance or updating operations, resolution of technical problems regarding the server, the network or the software, or in the event of the default of a third party service provider).
11.2 Apart from the situations envisaged in article 11.1 above, and the situations envisaged by these General Conditions, access to the Site and the services and contents (including the Technical Information) may be suspended and/or interrupted also in the case of a fortuitous event or force majeure.
11.3 Ferrari may likewise modify, add or suspend any services and/or contents (including the Technical Information) of the Site at any time, informing the User of such changes.
11.4 Ferrari shall not be held responsible for any interruption of the service due to problems of the internet.
11.5 In any case, the User recognizes that he cannot make any claims against Ferrari (or its suppliers), and that Ferrari cannot be held in any way responsible for any consequences and/or damage sustained by the User or third parties due to the suspension and/or interruption of access (also in relation to the hypotheses laid out in articles 11.1, 11.2, 11.3 above), or due to the modification or abandonment of the Site or services and contents (including the Technical Information).
12. Intellectual property rights12.1 All the texts, drawings, images, charts and other material and/or contents on the Site (including the Technical Information), are subject to the intellectual property rights of Ferrari, its subsidiaries and/or associated companies, and its licensees. Ferrari, along with its subsidiaries and/or associated companies, retains all the rights concerning the selection, organization and management of the Site materials and contents.
12.2 All registered trademarks on the Site are subject to the sole property of Ferrari or its subsidiaries and/or associated companies. The unauthorized use of any registered trademark on this Site is strictly forbidden.
12.3 The Site, including all the material and/or the contents accessible via the Site (including the Technical Information) is protected worldwide by the applicable laws concerning intellectual property rights whether or not a declaration of such protection is present on the Site. The User undertakes to comply with all the laws concerning intellectual property rights at world level, in relation to the Site and use of the Site, and to not reproduce (and prevent the unauthorized reproduction) of the material and/or contents accessible via the Site.
12.4 The User may use the Site and the services and contents (including the Technical Information) solely in relation to the repair and/or maintenance of Ferrari vehicles and, in any case, solely for the purposes permitted by law and, in particular, for the purposes envisaged by EC Reg. no.1400/2002 and EC Reg. no.715/2007, and subsequent amendments, or in any case for the other purposes, if any, which are envisaged by the applicable laws and regulations in the applicable jurisdictions in relation to the above. Access to the Site and the relative services and contents (including the Technical Information) will not be intended as granting any license and/or right of use, of exploitation of intellectual property in the User's favour, further than those provided for by these General Conditions.
12.5 The User shall have the right to use any e-mail addresses, URL, or other personal identification means (Username and Password) assigned to him for benefiting of the services and contents (including the Technical Information) as long as the registration or the Account created by or for the User for is valid. At the end of the period of validity of the registration or Account, Ferrari will have the faculty to revoke, interrupt and/or suspend the use of the User's Identification Codes, or to assign such codes to another User at its own exclusive discretion.
13. User obligations. Guarantees and liability13.1The User undertakes to comply with the present General Conditions, as well as all additional conditions, rules, directives or instruction published on the Site, and all the laws and national/international regulations in force that are applicable to the activities of the User on the Site, whether directly or via third parties.
13.2In particular, the User undertakes:
not to use the Site and the relative services and contents (including the Technical Information),in a fraudulent or illegal manner or without authorization;
not to use the Site and the relative services and contents (including the Technical Information), in breach of current regulations concerning intellectual property, the applicable rules, and the regulations defined by Ferrari;
not to use the Site and the relative services and contents (including the Technical Information) in such a way as to disturb or prevent other Users' access;
not to eliminate, hide or damage a copyright declaration, a trademark, or declarations of property rights, whether additional or contained in the Site and/or the relative services and contents (including the Technical Information);
not to allow the diffusion or reproduction, in any form, wholly or partially, without authorization, of the Site and/or the relative services and contents (including the Technical Information);
not to authorize access to the Site and/or the relative services and contents (including the Technical Information) - or their use - by or on behalf of third parties;
not to create frames on other websites, using information obtained and/or drawn from the services and contents on the Site or referring to such services and contents (including the Technical Information).
13.3 Ferrari will not be responsible for any direct or indirect damage suffered by the User or by a third party following the User's access to and/or use of the Site and the relative services and contents (including the Technical Information), to the maximum extent permitted by applicable law. The User undertakes to indemnify and hold Ferrari harmless from any claim, lawsuit or compensation request resulting from - or linked to - the User's action or omission, or his use of the Site and the relative services and contents (including the Technical Information).
13.4 To the maximum extent permitted by applicable law, under no circumstances can Ferrari be held responsible for the repair and/or maintenance operations carried out on the vehicles of the User or of third parties, using the services and/or contents (including the Technical Information) on the Site, as the entire responsibility lies with the effective executors.
13.5 Ferrari provides no guarantee with regard to:
the adequacy and accessibility of the Site from the viewpoint of the User (i.e. the availability of the Site for use anywhere and/or at any time);
the absence and/or the non-transferability of computerized viruses or other harmful programs, components and elements from the Site and/or the servers hosting it;
the correctness and/or updating of any text, information and/or declaration contained in the Site or obtainable via the Site;
the constant, interruption-free availability of the services and contents (including the Technical Information) on the Site.
13.6 The User assumes all liability for any damage linked to - or resulting from - the type, characteristics and/or compatibility of the hardware and software utilized to access and use the Site, to the maximum extent permitted by applicable law.
13.7 In addition, to the maximum extent permitted by applicable law, the User assumes all civil, criminal and administrative liability linked to - or resulting from - any damage caused to persons (including Ferrari and the User himself/herself) and/or property due to access to the Site and/or the use of the relative services and contents (including the Technical Information, the services and/or contents made available or transmitted by other Users or by third parties via links, connections, etc.) by the User, or due to the unauthorized, non-compliant and/or illegal use of any services made available by Ferrari. To the maximum extent permitted by applicable law, the User therefore explicitly waives Ferrari from any and all liabilities for any damage - of whatever nature and extent - that may result to himself/herself, to the tools used to access the Site (hardware and software, even if the property of third parties), to third parties (including, but not limited to, other Site Users, those who access the Site via the unauthorized use of the User's Identification Codes, third parties who have activated the link or other connections, etc.), and for any damage that the User caused and/or may cause to the Site itself, and therefore undertakes to indemnify and hold Ferrari and its personnel harmless from any and every claim, lawsuit, right and/or request that may be presented by anyone, for whatever reason, for injuries, accidents and/or damage (including damage to the Site itself) resulting from, consequential to, and/or connected with the access and/or use of the Site, and of the relative services and contents (including the Technical Information).
14. AuditingFerrari has the right to carry out a regular audit of the use of the Site by the User, in conformity with the confidentiality clauses of these General Conditions, to verify the User's respect of the Contract.
15. Site updating. Modifications to General ConditionsFerrari reserves the right to make - at any time, at its own discretion and without any obligation to forewarn the User - all the modifications, integrations and/or updates it considers necessary and/or merely appropriate in relation to both the Site and the relative services and contents (including the Technical Information), and to these General Conditions. Modifications shall be effective only with respect to the oncoming purchases.
16. Personal data protection. Notice pursuant to art. 13 of Italian Legislative Decree No. 196/2003Detailed information on the User's right of access another rights is given under the " Privacy & Policies " section of the Site.
17. The User's confidentiality obligations17.1 In relation to Ferrari, the User undertakes (also on behalf of his representatives, employees, contractors and/or, in any case, any other person who has work relations - or any other type of relations - with the User):
(i) to use the Site and the services and contents (including the Technical Information) solely for the repair and/or maintenance of Ferrari vehicles and, in any case, solely for the purposes permitted by the law and, in particular, for the purposes envisaged by EC Reg. no.1400/2002 and EC Reg. no.715/2007 and subsequent amendments, or in any case for the other purposes, if any, which are envisaged by the applicable laws and regulations for the applicable jurisdiction in relation to the above;
(ii) not to use the Site and the services and contents (including the Technical Information) (a) in such a way as to harm the structure, property, activities and/or image of Ferrari or its subsidiaries and/or associated companies, or of its employees and/or contractors; or (b) in such a way as to influence or harm relations between Ferrari and third parties;
(iii) to consider the material and contents of the Site (including the Technical Information) as strictly private and confidential, and to adopt all the measures necessary, suitable and adequate to protect such confidentiality;
(iv) not to disseminate and/or communicate and or to resale to third parties, either wholly or partially, in written/oral/graphic/electronic and/or any other form, the material and contents of the Site (including the Technical Information);
(v) not to copy, reproduce or record - in any form and with any means - the material and contents of the Site (including the Technical Information), except as strictly necessary for the purposes indicated in the previous point (i) of this article 17.1.
17.2 The User shall accept full liability for any direct and indirect damage caused and/or that may be caused to Ferrari, its subsidiaries and/or associated companies, its employees and/or contractors, in the event of any breach of the obligations laid out in article 17.1 above, also by and/or due to the effect of the behavior of his employees and/or contractors.
18. General provisions18.1 Transfer of contract
Transfer of Contract is not allowed without the prior written authorization of FERRARI.
18.2 Communications and/or notifications
Every communication and/or notification relating to the Contract can be sent by the User to Ferrari by means of post or fax (and, in any case, must be confirmed by a registered letter with return receipt) using the following delivery details:
Via Abetone Inferiore, 4
41053 Maranello (MO), Italy
For the attention of: Head of Technical Service Department
E-mail address: email@example.com
Telefax no. + 39 0536 949 408
18.3 Autonomy of provisions
The total or partial invalidity or inapplicability of one of the provisions of these General Conditions will not result in the invalidity or inapplicability of the other provisions relating to the laws and regulations currently in force.
18.4 Force majeure
In addition to the situations defined elsewhere in these General Conditions, and in addition to those normally considered as such by Italian law, circumstances of force majeure expressly include strikes inside or outside the Company, inclement weather, government and legal restrictions and modifications applied to marketing forms, any hardware/software system faults or telecommunications failures, the deterioration of the Ferrari servers, and any other situations beyond Ferrari's control.
19. Applicable law and Jurisdiction19.1 The provisions of these General Conditions and the Contract are subject to Italian law and shall be interpreted and applied in compliance with such law.
19.2 Any controversy regarding the validity, effectiveness, interpretation and/or execution of these General Conditions or of the Contract, as well as the use of the Site and the relative services and contents (including the Technical Information) will be subject to the exclusive jurisdiction of the Courts of Modena, Italy, without prejudice to the application of any imperative legal provisions.