General conditions of the Eteria service
1.1 The following terms (and all their declinations) are used in the Contract with the following meanings:
– "Eteria" means the company, with headquarters in Parma, and VAT number 02796800346;
– "User" means the natural or legal person who has adhered to the written Offer by countersigning and accepting the provision of the service by Eteria;
– “Contract” means the deed made up of the countersigned written Offer, the expressly accepted General Conditions, the Tariff, the information pursuant to art. 13, Legislative Decree 196/2003 and from the acceptance of the Purchase Order by Eteria;
– "General Conditions" means these general conditions;
– "Rate list" means the section within the written offer which contains the economic conditions governing the service, in particular the list of fees that the User must pay to ETERIA for the use of said service;
– "Parties" means ETERIA and the User collectively considered;
– "Written Offer" means the document relating to the service countersigned and accepted by the User;
– "Service" means the service provided by ETERIA, specified in the written offer and chosen by the User through the conclusion of the Contract;
– "Locator" means any satellite tracking device provided by ETERIA to the user on loan for use (black box, telephone or other), to be installed by and at the expense of the latter on the vehicles to be managed, according to the Instructions installation and activation instructions attached to it or in any case available on the ETERIA website.
- Subject: description of the Eteria Services
2.1 The Services offered by ETERIA, depending on what is purchased, allow the user:
- A) to display on an electronic map the position of vehicles equipped with the localization system provided by ETERIA to the User on loan for use;
- B) to locate the vehicles closest to a specific address,
- C) to check the route, the driving time, the speed maintained by each vehicle;
- D) to optimize a series of destinations and send the optimized route to the driver's mobile phone;
- E) to track the driver's work status via the telephone keypad;
- F) to automatically rent a vehicle from a fleet via the app;
- G) to manage personal data for each vehicle or other different services;
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 ETERIA website at www.eteria.biz
- Conclusion of the Contract
3.1 The Contract is considered concluded upon signing the written offer confirming the order with express acceptance by the User of these general conditions of contract. Subsequently, communication from ETERIA will follow via e-mail to the address indicated by the User when signing – of acceptance of the order confirmation.
3.2 ETERIA reserves the widest discretion to accept or not to accept the purchase request presented by the User.
3.3 The User agrees that ETERIA's acceptance may also take place for conclusive facts, including, by way of example, the User's enabling to use the GPS Tracker Service or the shipment of the trackers to the address indicated by the 'User, following his explicit acceptance.
- Duration and right of withdrawal
4.1 The Contract has no minimum duration unless specified in a specific section of the offer and takes effect between the Parties upon acceptance of the User's written offer by ETERIA.
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, unless explicitly indicated on the offer for a minimum duration.
4.3 Early withdrawal in the absence of changes as indicated in point 9.1 will result in ETERIA charging the User the fees until the natural expiry of the contract.
5.1 The consideration for the Service provided to the User during the period of validity of the Contract is shown in the Price List prepared unilaterally by ETERIA, which must be understood as expressly accepted by the User with the countersignature of the written Offer.
5.3 The first invoice will be issued when the trackers are shipped to the User and the subsequent ones will be issued on a quarterly basis and sent electronically, unless otherwise agreed between the parties.
5.4 The fees are understood to be anticipated for the period.
5.5 The fee will be charged to the User by means of SDD on the 20th day following the invoice date or alternatively by credit card debit. Different payment methods can be activated by explicit agreement between the parties.
- Access to the Service
6.1 The User will be able to access the Service, through the use of the identifier and password communicated by e-mail or on paper by ETERIA at the end of the activation procedure.
6.2 ETERIA is expressly exempt from verifying the real identity of those who access the Service and their effective coincidence with the User and with his personal details indicated during registration.
6.3 The User assumes all risk relating 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 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 ETERIA.
6.5 Under no circumstances can ETERIA be called to answer for the malfunctioning of the Service, or for any prejudices that may arise to the User due to facts and causes attributable to the inefficiency of its hardware and software equipment and/or the Internet connection used by the User, and /or any other third-party service necessary for the use of the Service.
- Tracking Devices: Use, Return, Indemnity
7.1 Together with the purchase of the Service, ETERIA will provide the User on loan for use or on purchase (if necessary) with the localization device/s ordered, which must be installed, used and kept exclusively at the care and expense of the 'User.
7.2 In the event of withdrawal by the Parties or in any case of termination of the contract, the User must return the tracking devices supplied, while if purchased, they will remain the User's property.
7.4 The User undertakes to use the tracking devices granted on loan for use exclusively for the purposes connected to the use of the Eteria service, undertaking not to tamper with them even in the event of their malfunction.
7.5 In the event of a malfunction, except as described in point 7.7 below, ETERIA will replace the defective device with the shipping costs charged.
7.6 The User undertakes in any case to use the trackers in compliance with the provisions of art. 1804 of the civil code and acknowledges that it is required to comply with the provisions of articles 1803-1812 civil code
7.7 Qualsiasi danno provocato da urti, cadute accidentali, versamento di liquidi, bruciature, e cortocircuiti o comunque causato dall’uso improprio rispetto alle indicazioni fornite nelle Istruzioni di Installazione ed Attivazione dei localizzatori o dalla manomissione degli stessi, così come la mancata restituzione, anche se dovuta a furto o smarrimento, comporterà l’obbligo dell’Utente di corrispondere a ETERIA l’importo di €240 oltre iva di legge, per ogni dispositivo hardware non restituito ovvero restituito in condizioni difformi da quelle di consegna.
- Service delivery
8.1 The management of the Service is the responsibility of ETERIA, 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 The services of third parties are provided by the latter and the relative technical development is left to their unquestionable appreciation.
8.3 ETERIA reserves the right to suspend or interrupt the Service without notice and without any liability in the event of technical needs, including simplistically but not exhaustively: breakdowns, maintenance, replacement of equipment, interventions of an ordinary and extraordinary nature, implementations of system.
- Changes to the Service
9.1 ETERIA reserves the right to modify the methods and conditions of the Service, the technical specifications and these General Conditions by notifying the customer in advance.
9.2 These changes will be effective between the Parties 30 days after the User receives the communication of the change made in the forms referred to in point 16 below. During these 30 days, the User will have the right to withdraw from the Contract pursuant to of point 4 without the said contractual modifications having effects on him.
- User obligations
10.1 The User undertakes to use the Service exclusively for lawful purposes, undertaking to indemnify and hold ETERIA harmless from any damage deriving from an unauthorized use.
10.2 The User undertakes to indemnify and hold ETERIA harmless, substantially and procedurally, from any liability, damage, loss, cost or expense of a legal nature, which ETERIA may incur due to the untruthfulness and/or incompleteness of the data provided.
- Ownership and use of data
11.1 With the completion of the Contract, the User does not acquire any further right other than that of using the Service. In particular, the User does not acquire intellectual and/or industrial property rights, as well as economic exploitation rights of everything 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, these being the exclusive property of ETERIA.
- Internet network security
12.1 Although the security measures set up by ETERIA are such as to ensure a reasonable degree of reliability for the User, the data circulating on the Internet cannot in an absolute manner be considered 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.
- ata Protection and Publishing Network
3.1 The user expressly consents to the direct and/or indirect transfer to ETERIA of the data necessary for the use of the Service, as well as their storage in ETERIA databases. The User also expressly consents to the direct and/or indirect transfer of the data necessary for the use of third-party applications within the Service, as well as to the storage and conservation of such data.
- Prohibition of assignment of the contract
14.1 The User may not assign the Contract to third parties, either free of charge or against payment, temporarily or definitively, without the prior written consent of ETERIA.
14.2 The User hereby agrees that ETERIA assigns this Contract, in whole or in part, to companies belonging to the group to which ETERIA belongs or to third parties, without prejudice, in the hypothesis of assignment to third parties, the possibility for the User to freely withdraw from the Contract, in the manner provided for in point 4 above.
- User Default and Termination
5.1 ETERIA will have the right to terminate pursuant to art.1456 of the civil code the Contract in all cases of violation or non-fulfilment by the User of the obligations assumed under this Contract.
15.2 In any case, with the termination of the Contract due to breach by the User, ETERIA will have the right to withhold the amounts already received in any capacity from the User, without prejudice to the right to compensation for any greater damage.
15.3 ETERIA will have the right to immediately terminate the Contract in the event of non-payment of the fees due by the User.
16.1 All communications addressed by the User to ETERIA must be sent by registered letter with return receipt. at the following address: “ETERIA SRLS, Strada Martinella, n. 172 – 43124 – Parma” and anticipated via email at firstname.lastname@example.org.
16.2 All communications relating to the Contract will be sent by ETERIA 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.
- Applicable law and jurisdiction
17.1 This Agreement is governed by Italian law. Any dispute concerning the subject of this Contract, including its interpretation and execution, will be devolved to the exclusive jurisdiction of the Court of Parma.
- Processing of personal data
18.1 In order to use the Service provided by ETERIA, having read the information that follows, the User authorizes ETERIA to process their personal data in compliance with the provisions of Legislative Decree n. 196/2003.