1.1) The following terms (and all their variations) are used in the contract with the following meanings:
2. Description of the Mobisat Service.
2.1) The Mobisat Service allows the user::
3. Conclusion of the contract.
3.1) The contract is considered concluded when the online purchase process and the registering of the satellite tracking device bought from Mobisat is finalised. Conclusion occurs in the following manner:
3.2) Mobisat reserves the right to accept or not to accept the purchase request submitted by the user.
3.3) The user is to understand that the acceptance of Mobisat can also occur for concluding facts, including, but without limitation, enabling the user to use the Mobisat service or shipment of the tracking devices to the address as specified by the client.
4. Duration and termination rights of the service
4.1) The contract is of indefinite length and comes into effect between the parties from the moment that the purchase order is accepted by Mobisat.
4.2) Both parties shall be entitled to withdraw from the contract at any time upon giving notice of such intention in the manner indicated in paragraph 16.
5.1) The prices of the tracking devices purchased by the client and related shipping costs are indicated in the order form and invoice.
5.2) Mobisat reserves the right to modify the prices at any time which shall be binding to the user in accordance with the procedure referred to in paragraph 9 and without prejudice to the right of withdrawal.
5.3) A hardcopy of the invoice will be issued with the delivery of the tracking device/s.
5.4) Costs will be charged to the client by the agreed method of payment.
6. Access to the service.
6.1) The user will be enabled to access the Mobisat Service with the username and password as sent by Mobisat via email at the end of the registration process online at http://mappe.mobisat.it.
6.2) Mobisat is exempt from verifying the true identity of those who access the service and their association, coincidental or not, with the user and their personal details as given at the time of registration.
6.3) The user accepts all responsibility in regards to the misuse of the username identification and password by those to whom the user has directly or indirectly revealed such data.
6.4) The user is aware and agrees that in order to use the service it is necessary to purchase a SIM card. The costs generated by the SIM card are to be borne by the user and must be paid directly to the provider. Furthermore, the user is aware that in order to use the Mobisat service it is necessary to have a computer with an Internet connection compatible with the standards of service provided by Mobisat.
6.5) In no case will Mobisat be called to answer for the failure of the service, i.e. malfunctions that may arise due to the inefficiency of the client's hardware and software and/or the Internet connection used by the user, and/or any other third-party service necessary for the use of the service.
7. Tracking devices: use, warranty, warranty refund.
7.1) The user undertakes to use the purchased tracking devices exclusively for purposes related to the Mobisat service, pledging not to tamper with them even in the event of a malfunction.
7.2) In case of malfunction - except as stated in the following paragraph 7.3 - Mobisat will replace or repair the defective device free of charge for 2 years from the date indicated in the invoice or sales receipt. Replacement of the device shall take place according to the rules given in section 7.4.
7.3) Any damage caused by accidental drops, bumps, liquid spillages, burns, short circuits or caused by inappropriate use with respect to the given installation and activation instructions for tracking devices or tampering of the same, will not be covered by the 2 year warranty.
7.4.) All Mobisat products have a 2 year warranty that covers product and parts. In case of malfunction, please open a ticket by by following the support link on this website.
8. Provision of the service.
8.1 The management of the service is the responsibility of Mobisat, which will be able to use services provided by third parties, only when the user accepts the terms and conditions for services provided by third parties.
8.2) Third party services shall be provided in accordance with the above.
8.3) Mobisat reserves the right to suspend or discontinue the service without notice and without any liability in the event of technical needs, including but not exhaustively: malfunctions, maintenance, equipment replacement, intervention of ordinary or extraordinary nature, system implementations, termination of business.
9. Changes to the service.
9.1) Mobisat reserves the right, at any time, to modify the terms and conditions of service, technical specifications, price list and the current terms & conditions.
9.2) Such changes will be effective 15 days after the client receives notification of the new changes. Any changes will be communicated in the manner referred to in paragraph 16. During those 15 days, the user has the right to terminate the contract as stated in point 4. without being effected by the new changes.
10. User obligations.
10.1) The user undertakes to use the service only for legal purposes and is obliged to indemnify and hold harmless Mobisat from any damage resulting from illegal use.
10.2) The user undertakes to indemnify and hold harmless Mobisat, substantially and legally, from any liability, damage, loss or expense, including legal expenses that Mobisat may incur due to false and/or incomplete personal data provide.
11. Ownership and use of data.
11.1 With the completion of the contract, the user does not acquire any additional rights apart from the right to use the service. In particular the user does not acquire intellectual and/or industrial property rights or economic exploitation of all that constitutes the service, including, without limitation, data banks, information, trademarks, patents, logos, and any other graphic and/or structural element rendered available to the client through the service, as such property is the exclusive property of Mobisat.
12. Internet Network Security.
12.1) The user is fully aware of the characteristics of digital transmission networks and their limits. In particular, the client acknowledges that the transmission of data over the Internet is subject to technical limitations of reliability and periods of saturation during particular times of the day.
12.2) Though the security measures provided by Mobisat are such to ensure a reasonable degree of reliability, the data circulating on the Internet cannot be considered totally immune to possible intrusions and therefore the transfer of passwords, codes, and any other information of a confidential nature is communicated by the client at his/her own risk.
13. Data protection and publication network.
13.1) The user consents to the transfer directly and/or indirectly to Mobisat, of any data required for use of the service as well as the storage of these in Mobisat's databases. The user also agrees to the transfer directly and/or indirectly of necessary data for the use of third-party applications as part of the service, as well as the storage and memorisation of such data.
14. Prohibition to transfer contract.
14.1) The user may not transfer the contract to third parties either free of charge or against payment, temporarily or permanently, without prior written consent by Mobisat.
14.2) The user agrees from the start that Mobisat is allowed to transfer the current contract, in whole or in part, to other companies. In the case of transfer to third parties, the user is free to terminate the contract, in the manner as stated in paragraph 4.
15. Breach and termination of contract.
15.1) Mobisat has the right to terminate the contract in all cases of breach or client's failure to fulfil the obligations undertaken with this contract.
15.2) As regards to the termination of the contract due to breach, Mobisat will be entitled to retain any monies already received for any reason whatsoever from the user, without prejudice to the right to compensation of any higher damage.
16.1) All communications addressed by the user to Mobisat must be sent by email to: email@example.com
16.2) All communication relating to the contract shall be sent by Mobisat, via e-mail, to the address indicated by the user when registering. The address will be regarded as the sole and exclusive address for each and every communication.
17. Applicable law and jurisdiction.
17.1) This Contract is governed by Italian law. Any dispute relating to the subject matter of this Contract, including its interpretation and enforcement, will be under the jurisdiction of the Court of Milan (Italy).
18. processing of personal data.
18.1) Having read the information that follows, the user authorises Mobisat to process his/her personal data in order to enable the client to access the service provided by Mobisat.