Latest modify date: 2024-01-10
WEBWEBSITE TERMS AND CONDITIONS OF USE
1.Preamble
1.1 These terms and conditions of use (“Terms and Conditions”) apply to all services (“Service” or “Services”) provided by Mobirar through its web platform accessible at https://www.mobirar.com/ (“Website”) or any other possible channels, including the Website’s social network accounts (“Social Pages”).
1.2 The Terms and Conditions also regulate the rights and duties of the user (“User”) following the access to the Website and use of the offered Services, regardless of the delivery platform or device used to access them.
1.3 By accessing the Website, even without registration, the User declares to have reviewed and taken due note of the Terms and Conditions, committing to comply with each provision thereof.
1.4 In the event that the User is an individual who requests the Services for purposes outside their business or professional activity and is a “Consumer” under Legislative Decree No. 206 of 6.9.2005 (“Consumer Code”), the provisions contained in the Consumer Code will apply, in addition to those generally applicable to the type of service provided by Mobirar under Legislative Decree No. 70 of 9.4.2003 on information society services and electronic commerce.
1.5 The preamble is an integral part of these Website Terms and Conditions of Use.
2.Website Registration
2.1 Upon registration on the Website, which may be required to access certain Services, the User, by entering the requested personal data on the dedicated Website page, will gain access to their personal page (“My Account” or “Account”).
2.2 The User is responsible for maintaining the confidentiality of the password chosen during registration and agrees to indemnify and hold Mobirar harmless from any claim or demand arising from the use or misuse of the Services or content on the Website, made by third parties using the User’s assigned password.
2.3 The User undertakes to update the information related to their Account, making changes directly from their personal page.
2.4 User registration is unique for all Services offered by the Website.
2.5 The User acknowledges that registration on the Website is permitted only to persons of legal age, or to minors who have reached 14 years of age and have obtained the consent of their parents or legal guardian. By registering, the User confirms that they meet these requirements, of which they guarantee the accuracy, completeness, and truthfulness of the data and information provided to Mobirar at the time of registration.
2.6 Mobirar reserves the right, at its sole discretion, to refuse User registration, or to suspend or terminate – even permanently – access to the Website and/or the provision of Services, should any User information prove to be wholly or partially false, incomplete, or inaccurate.
3.Use of the Website and Copyright
3.1 The User expressly agrees and acknowledges that all material contained in the Website, Apps, or Social Pages linked thereto, such as any other intellectual and industrial property right protected under copyright law (Title IX of Book V of the Civil Code, Articles 2575-2594 c.c., Law No. 633/1941, as amended by Legislative Decree 169/1999) and/or the Industrial Property Code, Legislative Decree 10.2.2005 No. 30, including, but not limited to, registered and de facto trademarks, domain names, texts, images, videos, plans, maps, photographs, stories, audio, source code, software, hardware, projects, applications, trade secrets, formulas, algorithms, models, databases, and the like, regardless of how made available on the Website (“Contents”), are the exclusive property of Mobirar.
3.2 Consequently, the User may not modify, sell, transfer, sublicense, assign to third parties, or create derivative works from any intellectual or industrial property right of Mobirar, nor allow third parties to do so through the User or their computer, even unknowingly. Furthermore, any reproduction – even partial, and even if carried out through techniques such as mirroring, framing, posting, or any other means – without the written authorization of Mobirar is prohibited.
3.3 Contents do not include products or services advertised on the Website, whose industrial and intellectual property rights are owned by third parties.
4.User Obligations
4.1 The User undertakes to:
(a) not use the Website for illegal purposes, or in violation of any national or international law, including, but not limited to, laws on intellectual property, copyright, and personal data protection;
(b) not use the Website, its Contents, and Services for direct or indirect commercial purposes and/or for profit-making purposes;
(c) not upload, post, or distribute material or offers for marketing, advertising, spam, HTML content, links for redirection to other Websites or applications, or any other commercial content;
(d) not upload, post, or share illegal, defamatory, libelous, vulgar, pornographic, racially or discriminatorily content, contrary to legal norms, public order, and good morals, including towards other Users, or infringing on third-party rights, including copyright;
(e) not make available, post, send, transmit, or disseminate “Junk mail”, “spam”, chain letters, pyramid schemes, or any other form of unauthorized or unsolicited solicitation;
(f) not delete copyright information from the Website or the Contents, including trademarks, any fingerprinting, watermarks, and/or any timestamps applied by any technology;
(g) not remove, bypass, disable, or otherwise interfere with security systems of the Website or its Contents;
(h) not decompile, disassemble, reverse engineer, or otherwise attempt to discover the source code of the Website;
(i) not modify, summarize, adapt, translate, or create derivative works from the Website, the Apps, or any Content made available through them or via the Social Pages;
(j) not impair the efficiency of the Website and functionalities associated with it, for example, by uploading or spreading viruses, adware, worms, or other types of malicious code or program;
(k) not use robots, spiders, scrapers, or any other means to access the Website and Contents illegally or to circumvent security measures implemented by Mobirar to protect the Website and its Contents.
5.Third-Party Websites and Services
5.1 The Website may include links to other Internet Websites and mobile services provided by independent third parties, including websites of advertisers and sponsors who are partners of Mobirar (the “Third-Party Websites”).
5.2 The Third-Party Websites may co-brand with Mobirar and may therefore include Mobirar’s trademarks or those of its associated companies. However, the User may choose to purchase or use third-party products or services made available through the Third-Party Websites. In such cases, these Terms and Conditions and our Privacy Policy do not apply to the Third-Party Websites.
5.3 The Website may contain advertising and sponsorships. In such cases, advertisers and sponsors ensure compliance of their advertising and sponsored material with national and international law. Mobirar is not responsible for the content of advertising material made available by Third-Party Websites and will not be liable for any compensation claims.
5.4 The Website may provide a commenting service operated through a Third-Party Websites platform. The User, by posting a comment within the Website, agrees to the terms of use and the privacy policy of the Third-Party Website, which will be in compliance with the legal regulations in force at the time.
6.Purchase or Subscription Services
6.1 The Website offers its Users the opportunity to purchase individual services or to activate subscriptions to multiple paid services, either through the purchase section or, in some cases at Mobirar’s discretion, through their Account.
6.2 In the case of activation of paid Services, the User may be automatically redirected to the payment page managed by the “Stripe” provider, where they will have access to payment procedures. For any conditions governing the offered Services, refer to the specific conditions related to each of them.
7.Personal Account and Use of Services
7.1 Mobirar provides Users with the opportunity to use the Website’s Services entirely online by accessing their personal section (“Account” or “My Account”), the use of which is subject to these Terms and Conditions.
7.2 The software, source code, trademarks, logos, graphics, photographs, animations, videos, texts, and any other content in the Services of the Website are the intellectual property of Mobirar and cannot be reproduced, exploited, or modified. The rights of use granted to the User by Mobirar are therefore limited to accessing, requesting, and receiving on their device the Contents for private and personal purposes, without any intention of sharing, dissemination, communication, or profit outside of the cases expressly indicated by Mobirar.
7.3 The User may not commercially use the Website’s Services, bypass the technical limitations of the software, translate, decode, decompile or disassemble the software, attempt to discover the source code of the software, or create derivative works based on the software, publish the software for others to copy, lease, sub-license, lease or lend.
7.4 Mobirar is not responsible for any interruptions in the provision of the Services due to causes not directly attributable to it and/or beyond its technical control, such as dysfunctions of the telematic or telephone network.
7.5 Mobirar reserves the right to modify, suspend and/or interrupt, at any time and in whole or in part, at its sole discretion, even permanently, the functionality of the Services, providing a 60-day notice and without this entailing any obligation for compensation and/or reimbursement on its part.
7.6 The User will use the Service under their full and exclusive responsibility and must comply with all instructions provided by Mobirar.
7.7 The User is authorized to use their Account exclusively for personal, non-profit purposes and assumes full responsibility for any unauthorized use.
8.Modifications to the Website Terms and Conditions of Use
8.1 Mobirar reserves the right to unilaterally modify these Terms and Conditions of use of the Website, as well as the terms and characteristics of the Services, without notice. The User is therefore required to regularly review these Terms and Conditions of use to take note of any changes made.
8.2 It is understood that simply navigating the Website and using one of the Services related to the same Website constitutes an expression of the User’s will to accept the modifications made to the Terms and Conditions of use of the Website.
9.Jurisdiction and Competent Forum
9.1 These Terms and Conditions are governed by Italian law and, in particular, with exclusive reference to the User who may qualify as a consumer, by the rules of Chapter I of Title III of Part III of the Consumer Code.
9.2 Any dispute that may arise between Mobirar and the User regarding the validity, interpretation or execution of these Terms and Conditions will be subject to Italian jurisdiction.
9.3 Except as provided by Article 66-bis of the Consumer Code and in any case where the User cannot be qualified as a consumer, the Court of Milan will have exclusive jurisdiction to resolve disputes arising with Mobirar.
9.4 For the out-of-court settlement of disputes arising in relation to contracts with consumers governed by the provisions of Sections I to IV of Chapter I of Title III of Part III of the Consumer Code and relating to these Terms and Conditions, the User may resort to the mediation procedures provided for by Legislative Decree No. 28/2010, or may use ADR (Alternative Dispute Resolution) bodies through the ODR (Online Dispute Resolution) platform for online dispute resolution, established and managed by the European Commission, accessible via the following link.
10.Personal Data Processing
10.1 Pursuant to and for the purposes of Article 13 of the GDPR, Mobirar makes available to Users, in their capacity as data subjects, the information on the processing of personal data at the following link, to which full and integral reference is made and which has been previously viewed and accepted by the User at the time of accessing the Website.