Quadro Vehicles RMI Service
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TERMS OF USE
  1. Subject Matter
    1. These general conditions (the "General Conditions") set forth the terms of access to the web site www.quadrovehicles.com RMI section (the "Website"), containing the Technical Information of Quadro Vehicles S.A., with its registered office in Vacallo (Switzerland), Via dei Lauri 4 ("QV"), for the motorcycles with Quadro Vehicles brand, as well as the use of such Technical Information and of the services contained therein (the "Services"), according to the conditions specified below.
    2. "Technical Information" means any information on vehicle repair and maintenance under 57, par. 1 and 3 of the (EU) Regulation No. 168/2013. In particular, information given to repairers authorised to repair or maintain Quadro Vehicles brand motorcycles, tricycles and quadricycles, which QV or related subjects have put on the market according to the type-testing requirements set forth by the (EU) Regulation No. 168/2013 and related implementing acts. Examples of Technical Information available in the Website include: unequivocal identification number of vehicle; service manuals; maintenance plans; technical manuals and technical service bulletins; information for component and diagnosis; wiring diagrams; diagnostic fault codes; labour units per repair time, training material. Furthermore, there are technical notes (Quadro Vehicles Service News and Quadro Vehicles Market Measure Report) which contain solutions developed from practical experience, which may relate to problems typically encountered in given model or batch of vehicles and finally information relating to recall campaigns as well as any other information regarding warranty services to be carried out by authorised dealers at the expense of QV.
    3. Only those subjects which provide motorcycle repair and maintenance services can have access to the Website, as well as those subjects which intervene in the repair and maintenance of motorcycles, in particular independent repairers, manufacturers or distributors of repair tools and equipment or spare parts, publishers of technical information, motor clubs, breakdown service operators, operators providing inspection, testing and training services for installers, manufacturers of diagnostic and testing equipment, or professional independent operators.
  2. Registration to the Website
    1. In order to access to the contents of the Website and use the Services, it is required to sign up by filling the registration form, which is available in the Website where the user shall provide certain personal data (the "Registration Form"). By registering on the Website, the user agrees to accept the terms and conditions of these General Conditions.
    2. The user undertakes to fill the Registration Form thoroughly and truthfully, taking upon any liability, which may arise from the breach of this commitment. QV reserves the right to suspend or permanently terminate access to the Website, without notice, when the user has given incomplete or incorrect information.
    3. Having provided and confirmed the information requested, an identification code (username) and a password will be sent to the user at the email address provided, in order to access to the Website and the Services available. Unless in case of violations by third parties of QV information systems, the user shall be the only responsible for the confidentiality of his account data, including the password, and each activity resulting from the account. The user shall immediately notify QV any unauthorised use of his password, for the purpose of the account blocking.
    4. The registration at the Website is made for an indefinite term. The user can delete his registration at any time, sending an email to admin@quadrovehicles.com. From the time of the cancellation, any active Service will terminate immediately, without user's right to the reimbursement of the Consideration (as defined below) already paid or to any indemnification. In order to access to the Website contents again, it will be necessary to proceed with a new registration.
  3. Services
    1. Services are marketed with the characteristics described on the Website.
    2. The user can take out a subscription for the access to the Technical Information (the "Subscription") for the following periods: 1 hour, 1 day, 1 week, 1 month or 1 year. The Subscription shall commence from the moment of the Service activation and it ends at expiration of the chosen period, without further notices. For example, if the user activates a connection of 1 hour at 9:15, the connection will expire at 10:15 of the same day, local time, regardless of the actual time of consulting and/or connection. The user can check the residual term of the Subscription on the Website at any time, by accessing with his username.
    3. Each Subscription is governed by the General Conditions, in the version that will be published on the Website at the time of the undersigning. The General Conditions, together with each Subscription, represent the agreement between the user and QV (the "Agreement").
    4. Prices, Services and their characteristics indicated on the Website can be modified without notice. Before confirming the purchase, the user must verify this information and, in particular, the Consideration (as defined below). It is understood that, once a Subscription is taken out, prices and characteristics of the Services will remain unchanged for the entire term of the Subscription.
    5. Should QV find out the non-correctness of the Consideration and/or the Services characteristics published on the Website, it will send an expressed written communication to the user, who will be free to proceed again with the undersigning of a Subscription.
    6. Any Subscription entails exclusively an authorisation to the reading, download and print of Technical Information for user's exclusive personal use in order to supply maintenance and repair services, it being excluded any different use of Technical Information for the purpose of reproduction, processing or further marketing. Specific initiatives such as duplication or re-publishing of Technical Information, specifications for component manufacturing, information for manufacturing diagnostic/testing instruments, can be carried out only upon previous written agreement with QV.
    7. All equipment and technical tools necessary to access the Website and to use the Services must be purchased at the care and expense of the user.
  4. User’s obligations
    1. The user undertakes:
      1. Non to use the Website and the Services in any fraudulent or illegal manner, or without authorisation;
      2. Not to authorise access to the Website or to any of its contents, or their use, for the benefit of any third party. Also commercial units within a company or workshop network are considered to be third parties: for use in a different workshop it is necessary to take out an additional Subscription. Each breach of this 4.1 will entitle QV to terminate the Agreement immediately, with simultaneous withdrawal of the user's authorisation to access the Website. Furthermore, in case of breach of 4.1.2, the user, for each breach, shall pay QV contractual penalty equal to ten times the Consideration (as defined below) for the Subscription taken out, without prejudice for QV right to the indemnification of any further damages.
    2. The user represents and warrants to have all the necessary technical skills and expertise to perform the maintenance and repair interventions, also undertaking to use appropriate equipment and, in particular, special tools eventually requested for the performing of a specific operation. In case of doubts on a repair or a maintenance operation, the user shall contact a qualified and specialised operator.
    3. QV has the right to verify the user's use of the Website, in order to check the user's respect of these General Conditions.
  5. Website contents
    1. The Website is provided by QV for informational purposes only. It is the responsibility of the user, as an expert in performing repairs and services on QV vehicles, to check the adequacy, accuracy and updating of the information and documents downloaded from the Website.
    2. Technical Information is destined to specialised operators in the sector of motorcycle repairs, which have an excellent and regularly updated knowledge of the products. Such knowledge and competence is essential for carrying out maintenance and repair works on QV motorcycles and, when lacking, such works must not be carried out. If the Technical Information requires the use of special tools, such tools must be used for a correct performance of repairs.
    3. QV will update the Website on a regular basis, with the same timing with which subsequent modifications and supplementary information on the repair and maintenance will be made available to the authorised repairers. The user undertakes to visit the Website regularly, in order to be able to use the most recent updates available.
    4. In no case QV shall be held responsible for repair and maintenance operations performed by the user or by third parties using the Technical Information, as the entire responsibility exclusively rests upon the actual performers. QV shall not be liable for direct or indirect damages caused by the user or by any third party as a consequence of the use of the Technical Information and any other documents contained in the Website. The user must indemnify and hold harmless QV against any action, claim for compensation or damages resulting from or related to a user's action or omission.
  6. Consideration and payment
    1. The consideration for the Services will be the one indicated on the Website at the time of the Subscription (the "Consideration").
    2. Unless otherwise specified at the time of the purchase, the Consideration is expressed in Euro and includes any cost, charge and tax.
    3. Unless otherwise agreed between QV and a customer, the Consideration will be paid by PayPal. The user will be automatically directed to the Website of the company responsible of the management of online payment.
    4. The provision of the Services will start only when the payment of the Consideration is properly received by QV.
  7. Provision of services
    1. QV undertakes to ensure the provision of services for the periods indicated in the Subscription, in a continuous manner.
    2. It is understood that QV can interrupt, limit, suspend, in whole or in part, the access to the Website or to the Services in order to perform maintenance or updating operations, or to solve technical problems related to the Website, server, networks or software. QV will endeavour its best efforts to schedule the maintenance operations in order to offer a continuous provision of the Services. In case of extraordinary and/or not scheduled maintenance, QV will adopt all the appropriate measures for reducing user's inconvenience. It is understood that, in case of impossibility to access the Website and/or to use the Services for maintenance or updating operations pursuant to this 7.2, the user will have exclusively right to a Subscription's extension for a time equal to the period of impossibility to access the Website and/or to use the Services, it being expressly excluded any indemnification.
    3. In case of any Services deficiencies which are not due to QV such as, by way of example, accident, force majeure events, technical problems as to internet, software or hardware of third parties, interference and/or specific weather conditions, in no case can QV be held responsible for the non-execution or improper provision of Services, and for any user's loss or damage deriving therefrom.
  8. Quadro Vehicles intellectual and industrial property rights
    1. All rights pertaining the Website, including brands, patents and related confidential information, as well as all the materials contained in the Website, including texts, drawings, images, graphs, video, presentations and manuals which are in the Website, are the exclusive property of QV. Consequently, under the Agreement, the user doesn't acquire any kind of right, title or interest related to any intellectual property rights, copyrights or other property rights, including patents, drawings, brands, database rights, business or confidential information, secrets proprietary or in the possession of QV.
    2. The user acknowledges that the documentation contained on the website is restricted to personal use, and its use shall be in compliance with any applicable provisions of the law, and in particular those as to copyrights and/or other industrial or intellectual rights protection.
      Consequently, the user undertakes not to:
      • disclose, duplicate or reproduce a part of the Website or of the information obtained therein;
      • create any frames on other websites using pieces of information obtained through the Website or Services;
      • copy (except for backup), transfer, re-sell, sub-licence, market in any form, in whole or in part, the documents available on the Website or downloaded by it;
      • delete or hide any reference to QV or third parties intellectual property rights from the documentation or, in any case, pages extracted by the Website.
      Each breach of this 8 will entitle QV to terminate the Agreement immediately, with simultaneous withdrawal of the user's authorisation to access the Website, without prejudice for QV right to the indemnification of any further damages.
  9. Notices
    Any notice from the user connected or related to the Website registration and/or the Agreement shall be addressed to admin@quadrovehicles.com or, by registered letter with return receipt, to:
    Quadro Vehicles S.A.
    Via dei Lauri 4
    CH-6883 Vacallo (Switzerland).
    Any notice to the user will be made by email, to the addresses indicated in the Registration Form.

  10. Governing law. Jurisdiction
    1. The Agreement is governed by the Swiss laws.
    2. Any dispute arising from this Agreement or related to it shall be deferred to exclusive jurisdiction of the Court of Lugano (Switzerland).
  11. Miscellanea
    1. The Agreement constitutes the entire agreement between the parties relating to the subject matter defined here and it supersedes any previous agreement between the parties relating to the same subject matter.
    2. The user shall be prevented to transfer, without QV consent, the Agreement and/or any right or obligation arising therefrom.
    3. QV reserves the right to modify the General Conditions, the Website and/or the Services at any time, giving notice to the users on this Website's page.